HomeMy WebLinkAboutRes No 1789PLANNING COMMISSION RESOLUTION NO. 1789
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE OPERATION OF AN OUTDOOR
SEASONAL FRESH STRAWBERRY STAND AT 42-575
WASHINGTON STREET, AT THE NORTHWEST CORNER OF
WASHINGTON STREET AND DUDLEY DRIVE.
CASE NO. CUP 97-3
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of March, 1997, hold a duly noticed public hearing to consider the request of
JOHN AND GARY CRAIG for the above mentioned use; 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. 95-105," in that the Director of Community Development has determined that the
project is a Class 3 categorical exemption for purposes of CEQA and no further
documentation is necessary; 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. That 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 it
is located.
2. That the proposed location of the conditional use and the conditions under
which it will be operated or 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. That the proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance, except for approved variances or
adjustments.
4. That the proposed conditional use complies with the goals, objectives, and
policies of the city's adopted General Plan.
PLANNING COMMISSION RESOLUTION NO. 1789
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.
2. That approval of Conditional Use Permit 97-3 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 4th day of March, 1997, by the following vote, to wit:
AYES: BEATY, CAMPBELL, FERNANDEZ, FERGUSON
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL,,Secretary
Palm Desert Planning Commission
JA ES SON, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1789
CONDITIONS OF APPROVAL
CASE NO. CUP 97-3
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. Operation of said project shall commence within one year from the date of final
approval unless an extension of time is granted; otherwise, said approval shall
become null, void and of no effect whatsoever.
3. The operation of the use 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.
4. The business shall operate during daylight hours only, seven days a week.
5. The conditional use permit shall be valid for a one year period from the date of
Planning Commission approval. The Planning Commission may grant extension of
approval subject to finding compatibility with the surrounding businesses.
6. That the building be located a minimum of 40 feet back from Washington Street and
be oriented toward the parking lot.
7. That the building be reviewed and approved by the Architectural Review Commission.
8. If, as a result of staff monitoring parking on Washington Street is deemed to be a
problem, curbs shall be painted red to prohibit parking.
9. If any unforeseen problems associated with the use becomes apparent, staff shall bring
this case to the commission for possible revocation of the permit.
Department of Public Works:
1. Prior to the initiation of any activity authorized under the approval of this conditional
use permit, the applicant shall submit a traffic control plan for review and approval
by the Director of Public Works. The subject plan shall address site access, parking
restrictions on Washington Street and Dudley Drive and any other issues deemed
appropriate by the Director of Public Works or his designated representative.
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