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HomeMy WebLinkAboutRes No 1546PLANNING COMMISSION RESOLUTION NO. 1546 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF THE COLLEGE OF THE DESERT ALUMNI ASSOCIATION STREET FAIR AT THE COLLEGE OF THE DESERT. CASE NO. CUP 91-13 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1991, hold a duly noticed public hearing to consider the request of the COLLEGE OF THE DESERT ALUMNI ASSOCIATION for approval of a conditional use permit to allow the Alumni Association Street Fair, having a maximum of 340 sales spaces on Saturdays and Sundays between the hours of 8:00 a.m. and 2:00 p.m. and additional days around certain holidays, located at the northeast corner of Monterey Avenue and Fred Waring Drive; 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 will not have an adverse impact on the environment and a draft negative declaration of environmental impact has been prepared; 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 conditional use permit: 1. The proposed location of the conditional use 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 location of the conditional use 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 will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed conditional use complies 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 and which is based on information contained in the staff report for Case No. CUP 91-13 dated November 5, 1991. PLANNING COMMISSION RESOLUTION NO. 1546 2. That a Negative Declaration of Environmental Impact (Exhibit "A" attached hereto) as it relates to Case No. CUP 91-13 is hereby certified. 3. That approval of Conditional Use Permit 91-13 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of November, 1991, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SRS/tm CAROL WHITLOCK, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1546 CONDITIONS OF APPROVAL CASE NO. CUP 91-13 Department of Community Development: 1. That the operation of the "street fair" shall conform substantially with exhibits on file with the department of community development/ planning, as modified by the following conditions. 2. That the operation of the "street fair" described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. That each vendor at the "street fair" shall hold a current city business license and display same in a prominent location. College of the Desert Alumni Association shall require evidence of said valid business license prior to leasing sales space to all vendors. 4. That all vendors at C.O.D. Street Fair shall collect California State Sales Tax as required by the State Board of Equalization. 5. That all food sales vendors at the street fair be certified, on a regular basis, by the Riverside County Department of Health. Evidence of said certification to be displayed prominently. College of the Desert Alumni Association shall require evidence of valid certificate from Riverside County Health Department prior to leasing sales space to any food vendor. 6. As a condition of approval of this resolution approving CUP 91-13 and to the extent permitted by law as a condition of approval of this resolution containing findings and certifying the negative declaration of environmental impact with respect to this project, College of the Desert and College of the Desert Alumni Association hereby agree to defend, at their sole cost and expense, indemnify and hold harmless the City of Palm Desert, its agents, officers and employees from any claim, action or proceeding filed against the City of Palm Desert, its agents, officers and employees as a result of the local agency's approval of this resolution, including but not limited to: 1) actions or proceedings to attack, set aside, void, or annul such approval; or 2) actions or proceedings that seek damages as a result of such approval. The City of Palm Desert shall promptly notify College of the Desert and College of the Desert Alumni Association of any such claim, action or proceeding. Further, College of the Desert and College of the Desert Alumni Association shall conduct the defense and 3 PLANNING COMMISSION RESOLUTION NO. 1546 control the defense. The City of Palm Desert shall cooperate fully in the defense of any such action. 7. That the C.O.D. Street Fair shall operate on Saturdays and Sundays from 8:00 a.m. to 2:00 p.m. throughout the year. Street fair may operate a maximum of two (2) additional days per year with the prior written approval of the city's community development director. 8. That any vendor signs visible from any public street shall be approved through the city's architectural review process. 9. That adequate restroom facilities be open and available during hours of street fair operation. Adequate signage to be provided to direct patrons to restroom areas. 10. That any electrical hook-ups at the street fair comply with all relevant provisions of the national Electric Code as adopted by the City of Palm Desert. 11. That the street fair shall participate in the city's recycling program to reduce solid waste generated at the site. 12. That the street fair be limited to a maximum of 340 sales spaces. Riverside County Fire Department: 1. Provide site plan detailing allowed parking areas and vendor/booth locations. This plan to ensure fire access is unobstructed. No Imo deviations from this plan will be permitted without prior approval from the fire marshal. 2. A. Provide solution on how to control parking violations in fire lanes, red curb areas, and in front of fire appliances. B. Provide a liaison who will be trained by the fire department to self -inspect booths, vendors and food services for basic fire safety compliance. This person must have the authority to enforce basic fire safety codes. C. Provide a designated person who shall have the ultimate authority at the site during operating hours and who shall be solely responsible for immediately correcting violations. Department of Public Works: 1. Within 30 days of the approval of this conditional use permit the applicant shall submit a parking and traffic circulation control 4 PLANNING COMMISSION RESOLUTION NO. 1546 plan for review and approval by the director of public works. The subject plan shall address site access restrictions, lane closures, parking restrictions and any other issues deemed appropriate by the director of public works or his designated representative. Riverside County Sheriff's Department: 1. The Alumni Association be required to employ an extra duty deputy a minimum of four hours per month to check and investigate vendors. SRS/tm 5 PLANNING COMMISSION RESOLUTION NO. 1546 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 91-13 APPLICANT/PROJECT SPONSOR: College of the Desert Alumni Association 43-500 Monterey Avenue Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: Approval to allow continued operation of the 340 vendor space College of the Desert Street Fair at College of the Desert located at 43-500 Monterey Avenue in Palm Desert. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. Ai November 5, 1991 RAMON A. DIAZ DATE DIRECTOR OF COMMUN Y DEVELOPMENT SRS/tm 6