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HomeMy WebLinkAboutRes No 191PLANNING COMMISSION RESOLUTION NO. 191 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO ALLOW A 630 SQUARE FOOT ADDITION TO AN EXISTING RESTAURANT ON PROPER- TY GENERALLY LOCATED IN THE PALMS -TO -PINES SHOPPING CEN- TER. CASE NO. CUP 02-76 WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert Municipal Code, the Planning Commission did on November 4, 1976, hold a duly noticed Public Hearing to consider the application of MARIA C. PALEAN for an amendment to Planning Commission Resolution No. 121, approving a Condi- tional Use Permit and Variance for a restaurant. Said amendment would allow a 630 square foot addition to the existing restaurant, approved by Planning Commission Resolution No. 121, 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 it is an on -going operation and therefore exempt; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find the following facts and reasons to exist to justify the granting of said Amendment: 1. The addition to the restaurant would complement the existing retail shops and existing restaurant and would provide more adequate and complete dining facilities. 2. The proposed addition would not be detrimental to other neighboring properties. 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; 2. The amendment to the Conditional Use Permit is granted to MARIA C. PALEAN for reasons subject to the attached conditions. Planning Commission Resolution No. 191 PASSED, APPROVED, and ADOPTED at a special meeting of the City of Palm Desert Planning Commission, held on the 4th day of November, 1976, by the fol- lowing vote, to wit: AYES: BERKEY, KELLY, MILLS, VAN DE MARK, WILSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION Planning Commission Resolution No. 191 November 4, 1976 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, 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 Ex- hibit 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 changes may be approved by the Director of Environmental Ser- vices. 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 Cali- fornia, City of Palm Desert, County of Riverside, and any other applicable government entity shall be complied with. 5. Prior to obtaining a building permit, the applicant shall file with the Director of Environmental Services written acceptance of the conditions stated herein. 6. 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. 7. 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 Department prior to the issuance of any building permit. 8. Said use shall not create objectionable noise or odor levels beyond the lot lines of the parcel. To ensure compliance, said Conditional Use Per- mit 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 Planning Commission. 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 & Safety will not issue a building permit on the use permitted until this signed confirma- tion has been received by the Department of Environmental Services. (Date) (Applicant's Signature)