HomeMy WebLinkAboutRes No 409PLANNING COMMISSION RESOLUTION NO. 409
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FIND-
INGS AND APPROVING A CONDITIONAL USE PERMIT TO
ALLOW FINE WINE SALES, IMPORTED CHEESES AND A
DELI SANDWICH BAR AND A RELATED PARKING VARIANCE
AT THE NORTHEAST CORNER OF EL PASEO AND LARKSPUR
LANE.
CASE NO. CUP 11-78
WHEREAS, pursuant to the provisions of the Palm Desert Zoning
Ordinance, the Planning Commission of the City of Palm Desert, Califor-
nia, did on October 3, 1978, hold a duly noticed Public Hearing to con-
sider an application from ROMITTI'S WINE CELLAR requesting approval of
a Conditional Use Permit to allow Fine Wine Sales, Imported Cheeses and
a Deli Sandwich Bar and a Related Variance to reduce the number of
parking spaces from 14 spaces required by the Municipal Code to 6 spaces
within the C-1, S.P. (General Commercial, Scenic Preservation Overlay)
zone at the northeast corner of Larkspur Lane and El Paseo, more par-
ticularly described as:
APN 627-021-005
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Environmental Quality Procedure Resolution
No. 78-32," in that the Director of Environmental Services has deter-
mined that the project will not have a significant adverse effect on
the environment and the appeal period has expired; and,
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, if any, of all interested persons desiring
to be heard, said Commission did find the following facts and reasons
to exist to justify the granting of said Conditional Use Permit:
1. The proposed location of the conditional use is in accord
with the objectives of the Zoning Ordinance and the pur-
pose of the district in which the site is located.
2. The proposed location of the conditional use and the con-
ditions under which it will be operated and maintained will
not be detrimental to the public health, safety, or general
welfare, or be materially injurious to properties or im-
provements in the vicinity.
3. The proposed conditional use complies with the goals, ob-
jectives, and policies of the City's adopted General Plan.
WHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arugments, if any, of all interested persons desir-
ing to be heard, said Commission did find the following facts and
reasons to exist to justify the approval of a Variance to reduce the
number of parking spaces from 14 spaces required by the Municipal Code
to 6 spaces:
1. A considerable number of the patrons of the patrons of
the proposed business will be pedestrians.
2. Employment of joint -use parking will compensate for a
number of the deficient parking spaces.
3. The mandatory findings the Planning Commission must make
when granting a Variance as specified in Sec. 25.78 070
of the Palm Desert Municipal Code are applicable to the
subject to the subject case.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Palm Desert, California, as follows:
PLANNING COMMISSION
RESOLUTION NO. 409 Page Two
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case.
2. That approval of Conditional Use Permit CUP 11-78 and
related Parking Variance is hereby granted to ROMITTI'S WINE CELLAR
for reasons subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the
Palm Desert Planning Commission, held on this 3rd day of October,
1978, by the following vote, to wit:
AYES: Berkey, Fleshman, Kelly, Kryder, Snyder
NOES: None
ABSENT: None
ABSTAIN: None
RIA
ATTEST:
QsL&.\
PAUL A. WILLIAMS, Secretary
/ks
KELLY,
, Chairm
PLANNING COMMISSION
RESOLUTION NO. 409 Page Three
CONDITIONS OF APPROVAL
CASE NO. CUP 11-78
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 11-78, 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 restric-
tions 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 ap-
proval.
4. All signs shall conform to the approved sign program for the build-
ing complex in which it is proposed.
5. On an annual basis at the first Planning Commission of October,
the Staff shall report to the Planning Commission the level of com-
pliance of said use to this approval and the description of the
proposed use as specified by the applicant in their application.
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 oc-
cupancy on the use permitted until this signed confirmation has been
received by the Department of Environmental Services.
(Date) (Applicant's Signature)