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HomeMy WebLinkAboutRes No 143PLANNING COMMISSION RESOLUTION NO. 143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A RESTAU- RANT IN THE C-1, S.P. ZONING DISTRICT, AND VARIANCES FROM SECTIONS OF THE ZONING ORDINANCE PERTAINING TO PARKING, PARKING LOT SETBACK, AND BUILDING SETBACK, ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SAN CARLOS BETWEEN NORTH PALM DESERT DRIVE AND ALESSANDRO. CASE NO. CUP 07-76. WHEREAS, pursuant to the provisions of Section 25.39-4 of the Palm Desert Zoning Ordinance, the Planning Commission did on May 4, 1976, hold a duly noticed public hearing to consider the application of MR. & MRS. HENRY TAGLE for a Conditional Use Permit to allow a restaurant on property located in the C-1, S.P. Zone and situated on the west side of San Carlos between North Palm Desert Drive and Alessandro, and more particularly described as: Lots 13 and 14 Palma Village Plaza Tract and, WHEREAS, said application did also include a request for Variances from sections of the Zoning Ordinance as follows: Section 25.33-7, parking requirements -from 60 to 40 spaces; Section 25.16-5.04, frontyard setback -to less than 5'; and Section 25.33-3.03, parking lot setback -to less than 6'; on property located on the northwest corner of Palm Desert Drive and San Carlos Avenue; 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 April 7, 1976, that the project would not have a significant impact on the environment and the appeal period did expire on April 19, 1976, and; WHEREAS, at said public hearing, upon hearing and considering all testimony and argument, if any, the Planning Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit: -1- resolution No. 143 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 the site is located. 2. That the proposed location of the conditional use and the con- ditions under which it would 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 complies with the goals, objec- tives, and policies of the General Plan. WHEREAS, at said public hearing, upon hearing and considering all testimony and argument, if any, the Planning Commission did find the following facts and reasons to exist to justify the granting of said Variances: 1. Special circumstances and conditions are applicable to the property and use that do not apply generally to other properties in the vicinity which are under identical zoning as follows: a) There is a high amount of off-street parking in the area, in that the property has 3 street frontages, and parking along Palm Desert Drive is angled. b) This use is a relocation of an existing use which is of similar square footage; however, the existing use has very limited parking. This project would result in 4000 square foot of restaurant with 40 parking spaces, which is a sig- nificant improvement. 2. The granting of said variance will not be materially detrimental to the public health, safety, welfare or injurious to the property or improvements in the vicinity and zone in which the project is located, because: a) This is a high intensity use which differs from other uses in the area. b) The maximum load on the parking in the area generated by the restaurant will occur after most of the other uses are closed. c) This development involves a substantial upgrading of parking in the area. 3. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights, in that this project was previously approved at 5000 square feet with 29 non -conforming parking spaces, the new restaurant has 40 parking spaces with a 4000 square foot building. 4. This approval will result in the abatement of a non -conforming sign on the existing building, and the removal of a billboard on the proposed site, both of which are in keeping with the S.P. Zoning Overlay. 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 and Variance is granted to MR. & MRS. HENRY TAGLE, subject to the attached conditions. Resolution No. 143 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: PAUL A. WILLIAMS, Secretary -3- • Resolution No. 143 CONDITIONS OF APPROVAL CASE NO. CUP 07,76 1. The development of this project shall conform substantially to all development plans submitted in behalf of this case (Exhibits A & B). Any minor changes require approval by the Director of Environmental Services. Any substantial change requires approval by the Planning Commission. 2. All requirements of any law, ordinance, or regulation of the State, City, and any other applicable government entity shall be complied with as part of the development process. 3. This approval is applicable, subject to the development of this project commencing within one year from approval date and being promptly com- pleted. 4. All utility lines shall be placed underground. 5. Curb, gutter, sidewalk or approved pathways, curb cuts, and tie-in paving shall be provided in conformance with City of Palm Desert Standards. 6. Landscaping (with irrigation system) shall be provided and submitted to the Design Review Board for final approval. 7. Lighting of parking areas and premises shall be provided for with plans submitted to the Design Review Board for final approval. 8. Signage shall be provided in accordance with signage plan to be submitted to the Design Review Board for final approval. 9. Traffic control provisions shall be provided as required by the Director of Environmental Services. 10. All signs on the existing restaurant shall be removed. 11. The existing billboard on the new restaurant site shall be removed. 12. The applicant shall grant easement rights over the parking lot area to the City of Palm Desert, in a form acceptable to the City Attorney. 13. This approval is contingent on City Council approval of the abandonment of a portion of the right-of-way along San Carlos. 14. The parking lot shall be shifted 3 feet to the north to provide for additional landscaping along the north side of the structure. I have read and fully understand all of the conditions listed above. (Applicant Signature) (Date) -1-