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HomeMy WebLinkAboutRes No 121Noe PLANNING COMMISSION RESOLUTION NO. 121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CONDI- TIONAL USE PERMIT TO ALLOW A 1280 SQUARE FOOT RESTAURANT ON PROPERTY GENERALLY LOCATED IN THE PALMS TO PINES CENTER. CASE NO. CUP-02-76. WHEREAS, pursuant to the provisions of Section 18.26 of the Palm Desert Zoning Code, the Planning Commission did on February 3, hold a duly noticed public hearing to consider the application of MARIA C. PALEAN for a Conditional Use Permit to allow a 1280 square foot restaurant on property located in the PC(3), S.P. Zone and situated at 72-820 El Paseo and more particularly described as: a portion of assessor's parcel no. 629-060-033 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 74-14", in that the Director of Environmental Services has determined on January 23, 1976 that the project would not have a significant impact on the environment and the appeal period did expire on January 31, 1976, and; WHEREAS, at said public hearing, upon hearing and considering all testi- mony and argument, the Planning Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit: 1. A small restaurant would complement the existing retail shops in the center. 2. The proposed use would not be detrimental to other properties because the kitchen area backs up to the loading area of the Safeway store and to the service area for the center. 3. The variance on parking would not be detrimental since the restaurant would make better use of underutilized parking which exists adjacent to El Paseo. 4. The restaurant will not generate excessive amounts of traffic since it will only have 15 tables. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. Subject to confirmation by the City Council, the Conditional Use Permit is granted to MARIA C. PALEAN for reasons subject to the attached con- ditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Palm Desert Commission held on February 3, 1976 by the following vote, to wit: Resolution No. 121 AYES: NOES: ABSENT: ABSTAIN: BERKEY, MULLINS, VAN DE MARK, WILSON, SEIDLER IILAM SE DOER,airman ATTEST: PAUC A. WIL' IAMS, Secretary CONDITIONS OF APPROVAL CASE NO. CUP-02-76 1. The CONDITIONAL USE PERMIT is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan labeled Exhibit A. The location of all other facilities or features shall be located substantially as shown on the floor plan labeled Exhibit B. 2. Unless the use is inaugurated not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3. Any minor change may be approved by the Director of Environmental Services. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regulation of the State of California, County of Riverside, City of Palm Desert, and any other governmental entity shall be complied with. 5. No signs or advertising of any type whatsoever shall be erected or installed until plans therefore have been reviewed and approved by the Planning Division. 6. Prior to obtaining a building permit, the applicant shall file with the Director of Environmental Services written acceptance of the conditions stated herein. 7. Compliance with and execution of all conditions listed hereon shall be necessary, unless otherwise specified, prior to obtaining final building inspection clearance. Deviation from this requirement shall be permitted only by written consent of the Director of Environmental Services. 8. Prior to the issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following: Department of Public Health, Department of Fire Protection. Evidence of said permit or clearance shall be presented to the Building and Safety Division prior to the issuance of any building permit. 9. Said use shall not create objectionable noise or odor levels beyond the lot lines of the parcel. To ensure compliance, said conditional use permit shall be reviewed by the Planning Commission on or before February 3, 1977 and at such times thereafter as may be deemed appropriate by a majority vote of the Commission.