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HomeMy WebLinkAboutRes No 205PLANNING COMMISSION RESOLUTION NO. 205 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND GRANTING A VARIANCE FROM SECTION 25.33-7 OF THE PALM DESERT MUNI- CIPAL CODE TO ALLOW A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND A CONDITIONAL USE PERMIT TO PERMIT A RESTAURANT IN THE C-1 ZONE DISTRICT, ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL PASEO BETWEEN PORTOLA AVENUE AND SAN LUIS REY. CASE NUMBERS: VARIANCE 05-76 & CONDITIONAL USE PERMIT 11-76 WHEREAS, pursuant to the provisions of Section 25.39 of the Palm Desert Municipal Code, the Planning Commission did, on January 4, 1977, hold a duly noticed Public Hearing to consider the application of the EL PASEO MINI - MALL for a Variance from Section 25.33-7 of the Palm Desert Municipal Code to allow a decrease in the required parking from 15 to 3 spaces and a Conditional Use Permit to allow a 1,000 square foot restaurant in the C-1 Zone District, on property situated on the north side of El Paseo between Portola Avenue and San Luis Rey, more particularly described as: LOTS 27, 28, & 29, BLOCK S, PALM DESERT UNIT #1 WHEREAS, the subject application is exempted with regard to the re- quirements of the "Palm Desert Environmental Quality Procedure Resolution Number 74-14"; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, the Planning Commission did find that the following facts and reasons do exist to justify the granting of said Variance and said Conditional Use Permit: 1. The location of the proposed restaurant is in accord with the objectives of the Palm Desert Zoning Ordinance and the purpose of the C-1 Zone District, in that the use in the proposed location provides a convenient and necessary facility for the community. 2. The proposed location of the restaurant and the conditions of use would not be operated or maintained in a manner that would be detrimental to the public health, safety, or welfare; or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use does comply with each of the applicable provisions of the Zoning Ordinance, except for an approved Variance. 4. The proposed restaurant complies with the goals, objectives, and policies of the Palm Desert General Plan. -1- Planning Commission Resolution No. 205 5. A strict and literal interpretation of the parking regulations would result in a practical difficulty inconsistent with the objectives of the Zoning Ordinance, in that the use provides a necessary service, without placing a need for additional parking. 6. There are extraordinary circumstances applicable to the property and the intended use that do not generally apply to other properties in the same zone and vicinity, such as: the location is unique in that it is not on a street and is specifically oriented toward pedestrian traffic and, therefore, does not require the amount of parking normally required for a restaurant. 7. The strict interpretation of the parking regulations would deprive the applicant of privileges enjoyed by other owners or property in the C-1 Zone District, in that: the unique location of the restaurant, additional parking cannot be provided for such a needed service. Further, the ability for joint use parking exists and the east end of this block will have sufficient amounts of parking when total development occurs. 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) that a Variance and a Conditional Use Permit are granted subject to the conditions of approval as attached. PASSED, APPROVED, and ADOPTED at a regularly scheduled meeting of the Palm Desert Planning Commission, held on this 4th day of January, 1977, by the following vote, to wit: AYES: BERKEY, KELLY, READING, WILSON NOES: NONE ABSENT: MILLS ABSTAIN: NONE ATTEST: PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION WILSON,, CHAIAN -2- PLANNING COMMISSION RESOLUTION NO. 205 JANUARY 4, 1977 CONDITIONS OF APPROVAL CASE NUMBERS: VARIANCE 05-76 & CONDITIONAL USE PERMIT 11-76 1. The Variance and Conditional Use Permit are granted for the land as described in the application and any attachments thereto, and as shown on the Plot Plan as revised labeled Exhibits A & B. The location of all buildings, roadways, parking areas, landscaping, and other facil- ities or features shall be located substantially as shown on the Plot Plan labeled Exhibit A, except or unless indicated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is dili- gently 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, City of Palm Desert, County of Riverside, and any other ap- plicable 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 as 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. No signs shall be installed other than the approved directory sign and one (1) identification sign at the entry of the use. 8. Existing illegally installed signs in the Mini -Mall complex shall be removed. 9. The operation of this facility shall be subject to review by the Planning Commission on a bi-annual basis to insure that the operation is in confor- mance with the guidelines set forth in the application and the approval. 10. The hours of operation shall be limited to 6:00 a.m. to 6:00 p.m. 11. Said use shall be limited to on -site consumption of food and beverages. 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 or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. (Date) (Applicant's Signature)