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HomeMy WebLinkAboutRes No 142PLANNING COMMISSION RESOLUTION NO. 142 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 COMBINATION SIT-DOWN AND TAKE-OUT RESTAURANT IN THE C-1, S.P. ZONE ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALM DESERT DRIVE, WEST OF PORTOLA AVENUE, AND A COMMERCIAL PARKING LOT IN THE R-3(4) ZONE ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF ALESSANDRO DRIVE AND SAN JACINTO ROAD. CASE NO. CUP 05-76 WHEREAS, pursuant to the provisions of Section 25.39-4 of the Palm Desert Zoning Code, the Planning Commission did on May 4, 1976, hold a duly noticed public hearing to consider the application of ROY BARBATTI and IRA JOHNSON for a Conditional Use Permit to allow a combination sit-down and take-out restaurant on property located in the C-1, S.P. Zone and situated on North Palm Desert Drive, west of Portola Avenue and more particularly described as: Lots 5 and 6, Block A Palma Village Unit 6 and, WHEREAS, said application did also include a request for a Conditional Use Permit for a commercial parking lot in the R-3(4) Zone on property lo- cated at the northwest corner of Alessandro Drive and San Jacinto Road, more particularly descrived as: Lot 12, Block 4 Palma Village Unit 1 and, 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 March 4, 1976, that the project would not have a significant impact on the environ- ment and the appeal period did expire on March 12, 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) The permit is warranted in that the request is consistent with other uses in the area and the project meets all the requirements of the Palm Desert Zoning Ordinance. Resolution No. 142 2) The property is suitable for the proposed use in its location as it is adjacent to another restaurant, while meeting the parking require- ments for a restaurant. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the following reasons to exist to grant said Variance: 1) The Variance is warranted in that the shape of Lot 12 is such that a standard parking arrangement is difficult to achieve within the setback, and as no sidewalks exist, sufficient landscaping can be achieved. 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) The Conditional Use Permit is granted to ROY BARBATTI and IRA JOHNSON for reasons subject to the attached conditions. 3) That a Variance is hereby granted to reduce the required parking lot setbacks from 6' to 0' for portions of the street frontage and to reduce the required parking from 39 spaces to 37 spaces. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City of Palm Desert Planning Commission held on May 4, 1976, by the following vote, to wit: AYES: BERKEY, KELLY, VAN DE MARK, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: r-- PAUL A. WILLIAMS, Secretary -2- Nirsai Resolution No. 4/20/76 142 CONDITIONS OF APPROVAL CASE NO. CUP 05-76 1. The Conditional Use Permit is granted for the lands as described in the application and any attachments thereto, and as shown on the Plot Plan labeled Exhibit A. 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 applicable government 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, Depart- ment of Fire Protection. Evidence of said permit 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 March 30, 1977, and at such times thereafter as may be deemed appropriate by a majority vote of the Commission. 10. Curb, gutter, curb cuts, and tie-in paving along the full frontage of the property on Alessandro and San Jacinto shall be provided in conformance with Riverside County Standards and as approved by the Design Review Board. 11. Low profile lighting of parking areas for safety purposes shall be provided for as approved by the Design Review Board. 12. Traffic control provisions shall be provided as required by the Design Review Board. 13. Applicant agrees to join any assessment district formed that includes the subject property within its boundaries. 14. Applicant shall agree in writing to all conditions contained herein, within 30 days hereof or said approval shall be null and void. 15. Applicant shall offer to the City, parking easement rights over Lot 12, in a form acceptable to the City Attorney. 16. The curb face on San Jacinto shall be set at 20' from the centerline. I have read and fully understand the conditions contained herein. (Applicant Signature) (Date) -1- Resolution No. 142 April 20, 1976 Planning Commission Resolution No. June 14, 1977 Case No. CUP 05-76 15. Applicant shall offer to the City, parking easement rights over Lot 12 in a form acceptable to the City Attorney. 16. The curb face on San Jacinto shall be set at twenty (20) feet from the centerline. 17. A six (6) foot masonry wall shall be provided along the north property line of Lot 12. I have read and fully understand the conditions contained herein. (Applicant's Signature) (Date) AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature)