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HomeMy WebLinkAboutRes No 1851PLANNING COMMISSION RESOLUTION NO. 1851 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF AN OUTDOOR SEASONAL FRESH STRAWBERRY STAND AT THE DESERT DUNES PLAZA, LOCATED AT THE SOUTHWEST CORNER OF WASHINGTON AND COUNTRY CLUB DRIVE. CASE NO. CUP 98-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of March, 1998, hold a duly noticed public hearing to consider the request by JOHN CRAIG for the above noted; 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 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 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 goal's, objectives and the policies of the city's 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. 1851 2. That approval of Conditional Use Permit 98-3 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of March, 199, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, BEATY, FERNANDEZ, FINERTY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission il-f24--(--°t- SONIA M. CAMPBELL, Chairperson )72, 2 PLANNING COMMISSION RESOLUTION NO. 1851 CONDITIONS OF APPROVAL CASE NO. C.U.P 98-3 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 proposed temporary structure be reviewed and approved by the Architecture Review Commission. 3