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HomeMy WebLinkAboutRes No 244PLANNING COMMISSION RESOLUTION NO. 244 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND.GRANTING A CON- DITIONAL USE PERMIT AND A VARIANCE FROM PARKING REQUIREMENTS TO ALLOW A RESTAURANT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF EL PASEO AND PORTOLA. CASE NO. CUP 05-77 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission did on May 31, 1977, hold a duly -noticed Public Hearing to consider the application of RICK SEIDNER for a Conditional Use Permit and a Variance from parking requirements to allow a restaurant on property located in the C-1,S.P. Zone and situated at the northwest corner of El Paseo and Portola Avenue, and more particularly described as: APN 627-222-036 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution Number 77-7", in that the Director of Environmental Services determined on May 10, 1977, that the project would not have a significant impact on the environment and the appeal period did expire on May 31, 1977; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit (CUP 05-77) and a Variance from the parking requirements: 1. 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. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detri- mental to the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use complies with the goals, objectives, and policies of the City's adopted General Plan. 4. The strict interpretation of the parking requirement will result in practical difficulty and unnecessary hardship inconsistent with the objectives of the Zoning Ordinance in that theoretically, parking in the total block is available to all uses. 5. There are exceptional circumstances applicable to the property involved and the intended use that do not apply generally to other properties in the same zone in that the proposed use is to be located in an existing large retail building which would generate customers without placing an undue burden on parking. Case No. CUP 05-77 Planning Commission Resolution No. 244 6. The strict interpretation of the parking requirement will deprive the applicant of privileges enjoyed by the owners of other proper- ties in the same vicinity and zone in that the location of the restaurant is such that it is intended to draw pedestrians from the public street. Rather, said restaurant is more oriented toward persons coming to the complex for other reasons. 7. The granting of the Variance will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. 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 the Couunission does hereby grant approval of Conditional Use Permit 05-77 and a Variance from parking requirements, subject to the attached conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 31st day of May, 1977, by the following vote, to wit: AYES: KELLY, KRYDER, READING, SNYDER, BERKEY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: \\\ GEORGE BERKEY, CHAIRMAN PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION Planning Commission Resolution No. 244 Case No. CUP 05-77 May 31, 1977 CONDITIONS OF APPROVAL 1. The development of the property shall conform substantially with that as shown on plot plan marked Exhibit "A" on file with the Department of Environmental Services, Case No. CUP 05-77, unless otherwise amended by the following conditions. 2. The development and use of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 3. All conditions required as a part of future review shall have equal force and effect as those approved at time of original approval. 4. All signs shall conform to the approved sign program for the building complex in which it is proposed. 5. The structure shall be re -designed so as to provide an additional exit per the Uniform Building Code and the Uniform Fire Code. 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) TO: Mr. Paul A. Williams, Director of Environmental Services City of Palm Desert FROM: Lloyd W. Rogers, R.S., Supervising Sanitarian Riverside County Health Department - Desert District DATE: May 11, 1977 SUBJECT: CUP 05-77 The Department of Public Health of Riverside County has no objections to the approval of CUP 05-77. However, detailed plans for construction must be submitted to this Department prior to the obtaining of a permit to construct. RECEIVED MAY 1 21977 ENVIRONMENTAL SERVICES CITY OF PALM DESERT