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HomeMy WebLinkAboutRes 94-111 CUP 91-13 Amend 1 COD Street Fair ' ` • Resolution No. 94-111 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: An appeal to a planning commission decision approving an amendment to a conditional use permit to allow operation of the College of the Desert Street Fair at College of the Desert between the hours of 7 : 00 a.m. and 2 : 00 p.m. on Saturdays . Present Saturday hours of operation are limited to the hours of 7 : 00 a.m. to 12 : 00 p.m. III . APPELLANT: Mrs . Sonia Campbell 43-852 Calle Las Brisas West Palm Desert, California 92260 IV. APPLICANT: College of the Desert Alumni Association 43-500 Monterey Avenue Palm Desert, CA 92260 V. CASE NO: CUP 91-13 Amendment #1 VI . DATE: October 13, 1994 VII . CONTENTS : A. Staff Recommendation B. Discussion C. Draft Resolution No. 94-111 D. Planning Commission Minutes dated September 6 , 1994 E . Planning Commission Resolution No. 1660 F. Planning Commission Staff Report dated September 6, 1994 G. Appeal Form A. STAFF RECOMMENDATION: Uphold the planning commission decision and adopt Resolution No. 94-111 , approving a two hour extension of Saturday operating hours for the College of the Desert Street Fair. B. DISCUSSION: Current openings of outdoor sales facilities have impacted the ability of the College of the Desert ' s Street Fair to compete on equal footing. The requested amendment merely extends the Saturday hours of operation to 2 : 00 p.m. • Resolution No. 94-111 STAFF REPORT CUP 91-13 AMENDMENT #1 OCTOBER 13, 1994 As the minutes of the planning commission reflect, the COD street fair has had a generally positive impact. The fair also brings to Palm Desert shoppers that would normally spend their retail dollars elsewhere. Reviewed and Approved by RAD/tm CITY COUNCIL AC ION: *_)APPROVED DENIED RECEIVED OTHER MEETING DATE AYES: NOES: C �• �" :.%�: ABSENT: ABSTAIU: VERIFIED BY:Original on File w City Clerk's Office 2 1 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 Moved by Commissioner Jonathan, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1659 , approving CUP 94-12 subject to conditions as amended. Carried 4-0 . Commissioner Beaty noted that this was a conditional use permit and they could come back in the future for a revision. Father Tavlarides stated that he came from Phoenix where he was pastor for 26 years and that church increased from 260 members to 600 members . He knew here the Jewish people were looking to find a bigger place; if they were blessed they would not stay there, but for ten years they would use the same facility and there would be no problems . (Commissioner Jonathan left the meeting at this time. ) (i) Case No. CUP 91-13 Amendment #1 - COLLEGE OF THE DESERT ALUMNI ASSOCIATION, Applicant Request for approval of an amendment to a conditional use permit to allow operation of the College of the Desert Street Fair between the hours of 7 : 00 a.m. and 2 : 00 p.m. on Saturdays . Present Saturday hours of operation are limited to 7 : 00 a.m. to 12 : 00 p.m. Mr. Diaz explained that the request was to increase the hours of operation for the Street Fair on Saturdays from 12 : 00 p.m. to 2 : 00 p.m. , which meant two additional hours . In looking at the conditions of the conditional use permit that were imposed when the street fair was first approved, the situation around the region was different. Today there were open air markets, principally the one approved by Palm Springs, and during the hearings on that particular plan, he recalled one member of the Palm Springs Council saying that now people could go there instead of to the College of the Desert. That was why the additional two hours were being requested; to give the street fair an opportunity to be competitive with that swap meet and others being proposed. He felt it had been beneficial to the community; revenues for licensing was $114 , 151 . In terms of funds to the College of the Desert, last year there was a picture in the local paper with the College receiving $413,242 . For non-profit organizations, they have been given free space at the street fair; the community cooperation shown by the organization 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 included the City of Hope, the YMCA, the Red Cross, the Desert Empire B' nai B'rith, the American Cancer Society, Foundation for the Retarded, and Friends of the Desert Mountains, who had all been given free space at the street fair and was one of the things that made this street fair a unique operation. It was identified with the community and the college, as opposed to other outdoor sales operations currently being approved in the valley. In terms of sales tax, and this was a question that did arise in earlier discussions and during meetings on this application, the city did receive a letter from the Board of Equalization and in that letter they indicated that in terms of this particular street fair and their operation, they were operating within the codes and laws and that the board had periodic checks that they went through not only for this operation, but for any business and they were more than happy to check out any suspected violations that might arise. Regarding revenue received, the city did not feel they were losing any money on the sales tax. It was being collected. He said another item required of the street fair during discussions was that it would advertise and be part of the Palm Desert Business Community. In their last brochure, they said the street fair was a great way to start the day and to shop Palm Desert. He noted that they started at 7 : 00 a.m. before most stores were open; all that was being requested was that they be allowed to operate on Saturdays until 2 : 00 p.m. , two additional hours . The criteria established for vendors at the street fair were that first priority went to merchants or residents of Palm Desert; secondly, that the products would not be extensive in product duplication; thirdly, for merchants or residents in the valley; fourth, merchants or residents inside Riverside County; and fifth, merchants or residents outside Riverside County. He said the applicant could address the two additional hours . He stated that of the $114,000 the Chamber of Commerce and others had established a committee to utilize that money to be spent on citywide merchandising, not only the Town Center, El Paseo and around Highway 111, but the entire city. In terms of traffic control, the conditions were still in place. If there were a problem, the city could always go back to look at the conditional use permit to resolve it. To date, there had not been any traffic or police problems . Staff recommended approval of the request for the COD Alumni Association to allow the two additional hours on Saturdays . Commissioner Whitlock asked Mr. Diaz for clarification as to why the hours were restricted to 12 : 00 p.m. originally; Mr. Diaz felt the reason for that was the feeling that beyond 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 12 : 00 p.m. it would unduly impact current merchants in the area; that people would not shop at local stores . The situation now was that if they don't come here at all, they won't shop in local stores at all . On Sundays businesses were not open. Chairperson Spiegel asked if the city council placed that restriction; Mr. Diaz replied yes . Commissioner Whitlock asked if everyone was happy with the additional two hours; Mr. Diaz replied that anyone not happy could appeal the decision. If the commission denied the request, then those people in favor of the two hours could appeal that decision. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MS . JUNE STEPHENS, Executive Director of the College of the Desert Alumni Association, stated that it was a matter of survival, not only for the street fair to keep it in operation, but also for the college. The street fair had become a vital part of the community for a recreational event, but mainly for the college. It was vital that they remain competitive. Many other street fairs and swap meets were coming into existence; both indoor and outdoor. The one in Palm Springs would be Friday, Saturday, and Sunday. They had given up the two hours to try and be good neighbors with the rest of the community, which she felt they had gone over and above the demands placed by the city council three years ago. In trying to be good neighbors, she was part of the retail promotion committee and she had spent numerous hours with the chamber of commerce and other merchants in the Palm Desert area to try and promote the entire Palm Desert area and to build a good relationship to promote Palm Desert as a place that has it all : the street fair, the Town Center, all the way out to Washington and back again. If they did not have the hours, she felt they would lose their vendors and in turn they would lose their customers . She felt that would be a sad thing. The majority of the community supported the street fair and she urged the commission to give them the two hour extension. Commissioner Whitlock asked if there was a written agreement as to the current hours of operation; Ms . Stephens replied there was under the conditions of the original conditional use permit granted three years ago. Mr. Diaz clarified that it was not a contract-type agreement; it was a condition imposed on the conditional use permit. One party could not 11 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6 , 1994 simply violate it, which was why this was befo re the commission. Chairperson Spiegel asked if Indio negatively impacted the street fair when they opened their street fair. Ms . Stephens replied no, but felt that Palm Springs would be a different "arena" . Chairperson Spiegel asked if she had heard from her vendors on whether they would stay in Palm Desert or would go to Palm Springs . Ms . Stephens said they had many loyal vendors who were hoping they would have those hours; if they do not this season, they would probably go to Palm Springs . Chairperson Spiegel questioned where all the vendors would come from; if they would be new to the area. Ms . Stephens guessed that many would be from the outside area because they did receive many applications from the Banning and Beaumont area and Palm Springs probably would also. Chairperson Spiegel asked if many people were turned down during the season; Ms . Stephens said that in past seasons they had, but every year it had gradually unraveled to where they now have hardly any waiting list at all and the waiting list they had this year was because they have given up some of their spaces in lot 16 due to the construction of the multi-agency library. Chairperson Spiegel asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MS. SONJA CAMPBELL, from Palm Desert, said she was opposed to the request. Any change to the conditional use permit in her opinion should require an environmental impact report. She also stated that the planning commission was wrong when it passed Resolution 1532 on August 20, 1991 . On May 21, 1991 the planning commission referred the matter of the resolution to the economic development agency committee for their advice. Two members of the planning commission attended EDAC held July 10, 1991 . However, at the public hearing held at the planning commission on August 20, 1991 no consideration was given to the recommendations of the EDAC and one commissioner made the statement, "Give them anything they want" , meaning the vendors . She felt this illustrated the lack of any serious thought being given to the determination that the zoning ordinance amendment would better serve the public ' s health, safety and general welfare. It was also her opinion that the city council was incorrect when on January 23, 1992 it certified a negative environmental impact and the reasons were: the legal standard determining appropriateness of negative declarations was ignored; the initial study failed to address or analyze the 12 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 social and economic changes created by the COD street fair; insufficient consideration was given to a fair argument that the COD street fair might create many of the impacts defined by the CEQA guidelines as being normally significant impacts . There was violation of equal protection under the law and the need for additional hours was being misrepresented. During city council consideration Mr. Diaz made the statement that she paraphrased as, "Mr. Mayor, just to clarify one thing. If we do not limit it at noon, then staff would have to relook at the environmental issue. We urge the council to stay at noon. " Then Mayor Snyder to other city councilmembers said that if, "We go different than what he (Mr. Diaz) establishes the negative declaration on, we could well be in court with an EIR, then you would really regret what happens" . In closing, she stated that if the CUP were amended, Mr. Snyder' s warning would surely prove to be correct. Commissioner Whitlock asked if Ms . Campbell was speaking on behalf of herself or the El Paseo Merchants Association. Ms . Campbell replied herself, mostly. Commissioner Whitlock asked if the El Paseo Merchants had an opinion of the extension of hours . Ms . Campbell said they have had some people on the board attend some meetings and some members were not in favor of it. Commissioner Whitlock asked if, as a body, the Merchants addressed this as a group. Ms . Campbell said they had not. Commissioner Whitlock asked if the Chamber of Commerce had addressed this . Ms . Campbell said the Chamber of Commerce was not taking a stand at all on it. Chairperson Spiegel asked if Ms . Campbell had spoken to anyone at the Town Center; Ms . Campbell replied no. Many of the people in the Town Center, whoever took over for Doug Simmons, did not attend any of the meetings . Chairperson Spiegel asked if the street fair had adversely effected her personal business on El Paseo; Ms . Campbell felt that "business was bad for everyone right now and they really did not ask the city not to allow any new licenses for any other business because it would be in controversy to their own, so she felt why should anyone else, the College of the Desert, go to city council and ask for additional hours" . 13 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 Chairperson Spiegel asked if the new center on Highway 111 would adversely effect El Paseo. Ms . Campbell replied not especially El Paseo, but all businesses . She felt that from 7 : 00 a.m. to 12 : 00 p.m. , the businesses do not open that early and with them closing at 12 : 00 p.m. , then people from there could go to lunch and disperse throughout the city and have an opportunity to shop in the other stores, whereas if they stayed until 2 : 00 p.m. , people would be tired and ready to go home. She felt they could have additional hours on Sundays, but they should have the opportunity to have the public in the other areas of the city shopping. DR. DAVID GEORGE, President of the College of the Desert, said that the college prided itself on being a partner in the community. From the very beginning he felt the street fair was a positive partner in the overall retail environment of the central valley. He still believed that was the case and they did not shy away from any economic impact review but in terms of the social and economic reality they believed the street fair had proven itself to be a tremendous social advantage to many individuals within the central valley and beyond. Economically speaking they brought in 10,000 patrons and many of them, according to surveys done with the merchants groups, indicated they do stay here to buy gasoline and food and go into other shops . He believed the street fair had become a vital part of the social and economic fabric of this community and he wanted to remind the commission that part of the business of Palm Desert was education. The educational establishment of College of the Desert has become extremely reliant on these funds . With the state situation, these funds had been essential to the college and he felt they would be an integral part for the next several years, perhaps for the next decade. He asked the commission to look at the reality and look at the competition coming into the valley. He asked them to understand what would happen to the central part of the valley if there wasn't a competitive retail environment. Chairperson Spiegel closed the public testimony and asked for commission comments . Mr. Diaz stated that the issue of CEQA was raised and he would like to address that. In 1992 they indicated that the Negative Declaration of Environmental Impact should be adopted. At that time he indicated they could have been challenged--they could be challenged now. The addition being 14 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 requested was a categorical exemption to the requirements of CEQA; it was a minor addition. Since 1992 the city has had the experience to see exactly what the environmental impact of the college street fair operation has been. That negative declaration with the conditions would continue to mitigate any potential significant adverse impacts on the environment. Also, if at any time during the last two years if anyone felt the operation had a negative impact on them, it could have been challenged as approved at that time. Staff stated for the record that this was categorically exempt. Commissioner Beaty said he had no problem with the extended hours . If the environmental issue was real, it would have been challenged already. He did not feel that two additional hours would make a difference. If the street fair ceased to operate, those patrons and vendors would go to Palm Springs . That would be detrimental to the college and the community. Commissioner Whitlock stated that was the purpose of an amendment and requesting an amendment to a CUP was to allow the commission the opportunity to weigh and hear why a two hour extension was needed. No one was arguing with Dr. George as to the positive impact the street fair has had on the community. She was concerned about the other entities that were brought together to create the noon cutoff three years ago, but in view of the comments made this evening and the potential impact of the additional street fairs in Palm Springs and other communities caused concern. She would not like to see the college to lose their existing vendors and as a result of those arguments, she would be willing to approve the amendment. Chairperson Spiegel stated that from what he has read in the Desert Sun, they were putting together a major development in Palm Springs and it could be great competition for the street fair. He has had retail experience and he felt that if those people that were currently going to the College of the Desert decided that they preferred to go to Palm Springs, they would not only lose them for the few hours, but the whole day. They would not go to Palm Springs and then drive back and shop El Paseo or other areas, they would go to Palm Springs and then home. He also felt that most people that got there at 7 : 00 a.m. would not stay until 2 : 00 p.m. If they did stay, they would still be in the area. Also, the college needed to try and maintain the vendors they had and Palm Springs would have a certain amount of success because of its size. He felt the street fair had been good for the college and those in the city supported the college in education in 15 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 6, 1994 the valley and specifically in Palm Desert and he could not be opposed to the additional hours . Action: Moved by Commissioner Beaty, seconded by Commissioner Whitlock, approving the findings as presented by staff . Carried 4-0 . Moved by Commissioner Beaty, seconded by Commissioner Whitlock, adopting Planning Commission Resolution No. 1660, approving CUP 91-13 Amendment #1 . Carried 4-0 . C. Case No. PP 94-4 - GEORGE BUONO, Applicant Request for approval of a Negative Declaration of Environmental Impact and a precise plan of design for a 13,239 square foot two story medical office building on a 36, 312 square foot lot at the southwest corner of Fred Waring Drive and San Anselmo Avenue. Mr. Smith outlined the salient points of the staff report. Staff was suggesting some modification to the layout so that the applicant would provide a driveway connection to San Anselmo. At this time it was shown as an undesirable dead end situation. He said there was a catch basin problem at that end of the lot and they were working with public works; it might be a single lane exit only, but there would be a connection to San Anselmo. Mr. Smith stated that the proposal received preliminary approval from the architectural review. Staff recommended approval subject to the conditions . Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. The applicant was not present. Chairperson Spiegel asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . There was no one. It was the consensus of the commission that this item be continued for two weeks . Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, continuing PP 94-4 to September 20, 1994 by minute motion. Carried 3-0 . 16 PLANNING COMMISSION RESOLUTION NO. 1660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO AMEND CONDITIONAL USE PERMIT 91-13 PERMITTING SATURDAY HOURS OF OPERATION TO BE EXTENDED TO 2 : 00 P.M. CASE NO. CUP 91-13 Amendment #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of September, 1994 , hold a duly noticed public hearing to consider the request of THE COLLEGE OF THE DESERT ALUMNI ASSOCIATION to amend Conditional Use Permit 91-13 to extend Saturday hours of operation to 2 : 00 p.m. ; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89 , " in that the director of community development has determined that the project is categorically exempt because of previous certification of a negative declaration therefore; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments , if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify the granting of said amendment: 1 . The proposed amendment of the conditional use permit is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2 . The proposed amendment of the conditional use permit and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3 . The proposed conditional use permit amendment will continue to comply with each of the applicable provisions of this title, except for approved variances or adjustments . 4 . The proposed co .ditional use permit amendment continues to comply with the goals , objectives , and policies of the city' s adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. PLANNING COMMISSION RESOLUTION NO. 1660 2 . That approval of Conditional Use Permit 91-13 Amendment #1 is hereby granted amending City Council Resolution Nos . 92-5 and 92-6 to permit applicant ' s hours of operation to be as follows : Saturdays and Sundays from 7 : 00 a.m. to 2 : 00 p.m. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of September, 1994 , by the following vote, to wit: AYES : BEATY, WHITLOCK, SPIEGEL NOES : NONE ABSENT: JONATHAN ABSTAIN: NONE ROBERT A. SPIEGEL, Chairperson ATTEST: RAMON A. DIAZ , 4 �ary Palm Desert Planni Commission 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 6, 1994 CASE NO: CUP 91-13 Amendment #1 REQUEST: Approval of an amendment to a conditional use permit to allow operation of the College of the Desert Street Fair at College of the Desert between the hours of 7 : 00 a.m. and 2 : 00 p.m. on Saturdays . Present Saturday hours of operation are limited to the hours of 7 : 00 a.m. to 12 : 00 p.m. APPLICANT: College of the Desert Alumni Association 43-500 Monterey Avenue Palm Desert, CA 92260 I . BACKGROUND: A. PROPERTY DESCRIPTION: College of the Desert is located on approximately 148 . 68 acres at the northeast corner of Monterey Avenue and Fred Waring Drive. The street fair operates on approximately 10 acres centrally located in the parking lot areas on either side of the Fred Waring Drive main access driveway. The 10 acres of the street fair are generally flat terrain. B. ADJACENT LAND USE/ZONING: North: Across Magnesia Falls Drive--Monterey Country Club/PR-6 South: Across Fred Waring Drive--Mix of offices uses and residential units/O.P. East: Across San Pablo Avenue--Civic Center and park/P West: Across Monterey--offices/O.P. C. SITE GENERAL PLAN DESIGNATION AND ZONING: The College of the Desert site is designated public use in the general plan and zoned P/public in the zoning ordinance. The public zone permits the following uses subject to issuance of a conditional use permit: A. Accessory uses and structures incidental to conditional uses; B. Agricultural experimental facilities; C. Animal shelters; D. Cemeteries, crematories and columbariums and related facilities; STAFF REPORT CUP 91-13 AMENDMENT #1 SEPTEMBER 6, 1994 E. Church; F. Flood control facilities; G. Government supported residential developments; H. Historical landmarks; I . Hospitals; J. Libraries; K. Maintenance yards; L. Public buildings and grounds; M. Public or private nonprofit schools and colleges; N. Public or private parks, golf courses, golf driving ranges, zoos, swim clubs and other recreation facilities; O. Public utility installations; and P. Television and radio recording studios . (Ord. 97 1(part) , 1975 : Exhibit A s25 .22-3) Subsection Q has been added pursuant to Ordinance No. 656 which received first reading at City Council October 10, 1991 . Subsection Q permits : "Outdoor sales of arts, crafts, clothing, goods, wares and other merchandise. " D. HISTORY: After a series of hearings in 1991 the city approved Conditional Use Permit 91-13 permitting the College of the Desert Alumni Association to operate a street fair with certain conditions, one of which limited Saturday hours of operation from 7 : 00 a.m. to 12 : 00 p.m. E. REQUESTED AMENDMENT: The request is to amend Saturday hours for the street fair operation at the College of the Desert from 7 : 00 a.m. to 12 : 00 p.m. to 7 : 00 a.m. to 2 : 00 p.m. II . ANALYSIS: Because of other competing outdoor and indoor "street fairs" or "marketplaces" in the local area without Saturday restrictions, the applicant is placed in an unfair competitive situation. The inability to compete on the same basis will result in the possible closing of the COD Street Fair. Further, retail visitors to the fair who might be enticed to visit Palm Desert ' s other retail centers will take their retail dollars outside of our community. 2 STAFF REPORT CUP 91-13 AMENDMENT #1 SEPTEMBER 6, 1994 III. RECOMMENDATION: Staff recommends : A. Adoption of the findings. B. Adoption of Planning Commission Resolution No. approving CUP 91-13 Amendment #1. IV. ATTACHMENTS: A. Draft resolution. B. Legal notice. 73› Prepared by t.. - � RAD/tm 3 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO AMEND CONDITIONAL USE PERMIT 91-13 PERMITTING SATURDAY HOURS OF OPERATION TO BE EXTENDED TO 2 : 00 P.M. CASE NO. CUP 91-13 Amendment #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of September, 1994 , hold a duly noticed public hearing to consider the request of THE COLLEGE OF THE DESERT ALUMNI ASSOCIATION to amend Conditional Use Permit 91-13 to extend Saturday hours of operation to 2 : 00 p.m. ; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No . 80-89 , " in that the director of community development has determined that the project is categorically exempt because of previous certification of a negative declaration therefore; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments , if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify the granting of said amendment: 1 . The proposed amendment of the conditional use permit is in accord with the objectives of the zoning ordinance and the purpose of the district in which the site is located. 2 . The proposed amendment of the conditional use permit and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3 . The proposed conditional use permit amendment will continue to comply with each of the applicable provisions of this title, except for approved variances or adjustments . 4 . The proposed conditional use permit amendment continues to comply with the goals , objectives, and policies of the city' s adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case . PLANNING COMMISSION RESOLUTION NO. - 2 . That approval of Conditional Use Permit 91-13 Amendment #1 is hereby granted amending City Council Resolution Nos . 92-5 and 92-6 to permit applicant' s hours of operation to be as follows : Saturdays and Sundays from 7 : 00 a.m. to 2 :00 p.m. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of September, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Chairperson ATTEST: RAMON A. DIAZ, Secretary Palm Desert Planning Commission 2 4//' ( IN _�/ A. ©Iliv a pdu Desert • ._= r- 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 91-13 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by COLLEGE OF THE DESERT ALUMNI ASSOCIATION for extension of Desert Street Fair hours on Saturdays from 12:00 p.m. to 2:00 p.m. located at 43-500 Monterey Avenue, College of the Desert campus. -- .- II' ,.. E.7-- ---- - ----_ our'.cu t. (Ul 1, 1 6 z - P,R.-711 I = T — S.P. 0 I NORTFt; P aBo ' » o o -Z �a d of . 0001 7..4 COLLEelt3,2„ f�:$' SE-T .•�������� ;CIVIC CENTER .... v 1 ,- o I ST$EE%_ STATION Q1 MCCALLUM FA=}Z 1R2D-100 :cc .. I I THEATRE � • S:P. O1P., O.P'. FRED MARINO DRIVE �� �� I I I I I 1 ' D.P. ' 1 I I i 1 11.-r1i l p=2 (»' IS:P, i l l i l g O.P. I I I 1 I IiiiiiVilll d IIIIIIIIIIIIIIIICI IIIIIIIIIIIIIIII I I 1 IliiRIO1SiOI ( I III 1111 II I IJ1 ( 11 IIlI '..,. ��'�' o I ^ I I III ' HI I I 11 1 1 1 1 III ' 1 TI� - _,, I 1 - SAID public hearing will be held on Tuesday, September 6, 1994, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Sun RAMON A. DIAZ, Secretary August 17, 1994 Palm Desert Planning Commission