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Home My WebLink AboutRes 97-38 CUP 91-9 NE Portala Ave Hwy 111 and Portola and Alessandra CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: CITY MANAGER AND CITY COUNCIL FROM: PHILIP DRELL, DIRECTOR OF COMMUNITY DEVELOPMENT/BUSINESS LICENSE DIVISION SUBJECT: CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION CERTIFYING COMPLIANCE WITH A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS TOTALING 8,000 SQUARE FEET LOCATED WITHIN A COMMERCIAL COMPLEX AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND HIGHWAY 1 1 1 , AND PORTOLA AND ALESSANDRO APPLICANT: OLIPHANT & LIZZA 77-900 AVENUE OF THE STATES PALM DESERT, CA 92260 CASE NO.: CUP 91 -9 DATE: JUNE 12, 1997 CONTINUED FROM MAY 8 AND MAY 24, 1997 CONTENTS: A. Staff Recommendation B. Discussion A. STAFF RECOMMENDATION: Adopt Resolution No. 97-38 affirming the Planning Commission decision certifying compliance with the Conditional Use Permit 91 -9 with amended conditions relating to parking lot management. B. DISCUSSION: The City and Redevelopment Agency are in the process of resolving objections raised by the appellants to the Planning Commission decision certifying compliance with the Conditional Use Permit. Once those objections are resolved it is appropriate to remove the specific valet parking permit operations requirements from the conditional • CITY COUNCIL STAFF REPORT CUP 91-9 JUNE 12, 1997 use permit (condition numbers 7, 8, 12-24). Similar restrictions will remain conditions of the valet parking permit. In their place, the following conditions should be added: 7. Restaurant/parking lot activities shall comply with requirements of Chapter 9.24 of the Municipal Code, Noise Control. 8. Parking lot management shall be in compliance with all requirements of the valet parking permit as approved by the Technical Traffic Committee. 12. Restaurant management shall direct their employees to park in authorized off-street parking facilities and avoid the frontage road prior to 5:30 p.m. Resolution of the land use dispute will also free up 15-20 additional parking spaces in the north lot previously restricted by the valet permit. These additional spaces should provide sufficient employee parking addressing the frontage road parking impacts identified by Ace Hardware and Dash Golf Carts. PHILIP D LL DIRECTOR OF COMMUNITY DEVELOPMENT /tm CITY COUNCIL AA TION: APPROVED DENIED RECEIVED OTHER ixEETI+ DATE - AYES: A .. !G.3� . . ...11+'4.7�-U/l-= '4,l_, - NOES: 1 0 ABSENT: •ABSTAIN: • �jr^7 'l� VERIFIED BY: Original on File with City Clerk's Office 9Es 2 RESOLUTION NO. 97-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A PLANNING COMMISSION DECISION AND CERTIFYING COMPLIANCE WITH AMENDED CONDITIONS TO AN APPROVED CONDITIONAL USE PERMIT FOR TWO RESTAURANTS WITH LIQUOR LICENSE TOTALING 8,000 SQUARE FEET TO BE LOCATED IN THE HIGHWAY 111 FRONTING BUILDING OF A 40,000 SQUARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND HIGHWAY 1 1 1 . CASE NO. CUP 91-9 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th of May, 1997, hold a during noticed public hearing and continued public hearings on May 24 and June 12, 1994, to consider an appeal of a Planning Commission decision certifying compliance with and adding conditions to an approved conditional use permit; 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. 97-18," in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA; 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 City Council did find the following fact to exist to justify continuance of said conditional use permit with additional requirements: 1 . As currently operating, the existing restaurants are in compliance with all applicable City ordinances and conditions of approval. h CityCouncil of the Cityof Palm BE IT RESOLVED bytheDesert, NOW, THEREFORE, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That the subject restaurants are in compliance with Conditional Use Permit 91- 9. 3. That the restaurants shall continue to be operated pursuant to Conditional Use Permit 91-9, subject to attached expanded conditions. RESOLUTION NO. 97-38 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD S. KELLY, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 2 RESOLUTION NO. 97-38 CONDITIONS OF APPROVAL CASE NO. CUP 91-9 Department of Community Development: 1 . Applicant shall comply with all state, county, and city regulations concerning restaurant use. 2. The applicant shall obtain all necessary architectural review commission and Department of Building & Safety permits required by any physical modification of the site. 3. Restaurant shall be limited to 8,000 square feet in area. 4. Restaurant shall participate in a commercial recycling program as approved by the Environmental Conservation Manager. 5. Proposal shall be subject to all applicable conditions of PP 89-19. 6. Restaurant garbage shall be restricted to south Alessandro parking lot trash dumpsters only. 7. Restaurant/parking lot activities shall comply with requirements of Chapter 9.24 of the Municipal Code, Noise Control. 8. Parking lot management shall be in compliance with all requirements of the valet parking permit as approved by the Technical Traffic Committee. 9. Deliveries to the restaurants or trash pickup shall be limited on weekdays to between the hours of 7:00 a.m. and 9:00 p.m.; weekends 8:00 a.m. and 9:00 p.m. Trucks shall not sit idling any longer than is absolutely necessary to load or unload. 10. Parking lot sweeping shall be limited to between 7:00 a.m. and 10:00 p.m. weekdays and 8:00 a.m. and 10:00 p.m. weekends. 11 . Buses transporting groups to the restaurant shall not be parked in either lot or on Alessandro with their engines running. There shall be no bus pickups or drop offs on Alessandro or within the parking lots after 10:00 p.m. 12. Restaurant management shall direct their employees to park in authorized off-street parking facilities and avoid the frontage road prior to 5:30 p.m. 3 l 4 y R/ I 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 91-9 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider an appeal of a Planning Commission decision certifying compliance with conditions of approval for a conditional use permit for two restaurants totaling 8,000 square feet located within a commercial complex at the northeast corner of Portola Avenue and Highway 111 and Portola and Alessandro. ��. I IL I It--- ] ,r; �#.4.14? ,,, !Nit R Z SAN IA WAY �. z ••Mig, : I 0 si . alWr 7 iAi iII R.odi , J rf a- y ,� t� 11 I , �N - < wMI • do 15 EitrA T ;sit-lillif 14 1 .'....****......... 11' I P- . _ , i1T SITE ril J.61 : 5 P L V;1 ;0747 [ , _ _ _ _ _ _ A _ P - 1 iiii: .ls. : L PASEO or• NORTH W k • 1 1 Ci- 11 l:111, a W I __ 1 „ I . SAID public hearing will be held on Thursday, May 8, 1997, 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 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 City Council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk April 24, 1997 City of Palm Desert, California