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HomeMy WebLinkAbout21204 - RESOLUTIONS - 2/16/2005 ' RESOLUTION NO. 21204 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TO OVERTURN THE PLANNING COMMISSIONS DECISION ON JANUARY 12, 2005 TO DENY CASE 5.0080-C TO ALLOW THE USE OF THE PARKING AREA AS A TEMPORARY RV LOT TO ALLOW A MAXIMUM OF NINE RV UNITS FOR A MAXIMUM OF NINE MONTHS, LOCATED AT 1020 EAST RAMON ROAD, ZONE R-2, SECTION 14. WHEREAS, Our Saviors Community Church ("Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for an amendment to the existing Conditional Use Permit, located at 1020 East Ramon Road, Zone R-2, Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case 5.0080-C was given in accordance with applicable law; and WHEREAS, on January 12, 2005, a public hearing on the application for Case 5.0080-C was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of the public hearing for Case 5.0080-C, the Planning Commission on January 12, 2005 voted 6-0 to deny the application for Case 5.0080-C; and WHEREAS, on January 20, 2005, the applicant filed an appeal of the Planning Commission decision in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Case 5.0080-C was given in accordance with applicable law; and WHEREAS, on February 16, 2005, a public hearing on the application for Case 5.0080- C was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Case 5.0080-C is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor Land Alterations); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolutt.on 21204 Page 2 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: , Section 1: The City Council finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15304 of the California Environmental Quality Act (CEQA). Section 15304 states that minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. Section 2: Pursuant to Section 93.02.00 of the Zoning Ordinance: The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The R-2 Zone designation does not permit or prohibit RV parks. However the R-2 Zone allows for parking areas. The church has an existing parking area and temporary utilities to accommodate the temporary RV units. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The temporary RV Park for nine RV units for a maximum of nine months is not detrimental to the existing or future uses. This is a temporary situation for a specified amount of time and number of units to assist the church in controlling costs of the previously approved remodel and expansion. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The existing parking area is already improved. Temporary utilities can be installed and removed when finished. A six foot wall exists along the east property line and a temporary construction fence is along the west side of the parking area will assist in screening the RV units from the street and neighboring properties. d. That the site for the proposed use relates to streets and highways , properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; Page 3 ' The existing access will be used. No street improvements are required to accommodate the temporary RV units. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: The Conditions of Approval are necessary to protect the public health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby overturns the Planning Commission decision to deny Case 5.0080-C and amend the Conditional Use Permit subject to the following Conditions of Approval in Exhibit A. ADOPTED this the 16th day of February 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None ' ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Rt'y Clerk f � City Manager eviewed and Approved as to Form: Resolution 21204 Page 4 EXHIBIT A ' CASE 5.0080-C CONDITIONAL USE PERMIT AMENDMENT CONDITIONS OF APPROVAL OUR SAVIOR'S COMMUNITY CHURCH 1020 EAST RAMON ROAD FEBRUARY 16, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable , regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case: 5.0080 - CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems , (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning Services, may result in commencement of proceedings to Resolution 21204 Page 5 ' revoke the Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit amendment application. 4. A maximum of nine RV units are allowed on the church property for the duration of construction or nine months, which ever is shorter. 5. The duration of a maximum of nine months shall start February 16, 2005. 6. The number RV units and/or duration can be altered and/or revoked, subject to the approval of the Director of Planning Services and/or designee. 7. Our Savior's Community Church shall provide proper utility, sewer and water connections for the RV units, subject to the approval of the Building . Depart- ment and/or designee. 8. Our Savior's Community Church shall clean site and remove all temporary utility services within one month of the nine months allowed. POLICE 9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.