HomeMy WebLinkAboutRes No 445PLANNING COMMISSION RESOLUTION NO. 445
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A
RESTAURANT AND A RELATED PARKING VARIANCE ON EL
PASEO, BETWEEN SUNLODGE LANE AND LUPINE LANE.
CASE NO. CUP 16-78
WHEREAS, pursuant to the provisions of the Palm Desert Zoning
Ordinance, the Planning Commission of the City of Palm Desert, Califor-
nia, did on January 2, 1979, hold a duly noticed Public Hearing to consider
an application from Gary Lohman for C.G. Dunham requesting approval of a
Conditional Use Permit to allow a 1,440 square foot restaurant and outdoor
patio seating and a Related Variance to reduce the number of parking spaces
from 22 spaces required by the Municipal Code to 17 spaces within the C-1, S.P.
(General Commercial, Scenic Preservation Overlay) zone on El Paseo,
between Sunlodge Lane and Lupine Lane, more particularly described as:
APN 627-252-002
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 determined that the
project will not have a significant adverse effect on the environment and
a Negative Declaration has been issued; 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 purpose 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 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 approval of a Variance to reduce the number of parking spaces
from 22 spaces required by the Municipal Code to 17 spaces:
1. Employment of joint -use parking will compensate for a number
of the deficient parking spaces.
2. 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 case.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Palm Desert, California, as follows:
PLANNING COMMISSION
RESOLUTION NO. 445
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 16-78 and related
Parking Variance is hereby granted to C.G. Dunham for reasons subject to the
attached conditions.
PASSED, APPROVED, and.ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this second day of January, 1979, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Berkey, Fleshman, Kelly, Kryder, Snyder
None
None
None
GLORIA KELLY, Chairman
ATTEST:
PAUL A. WILLIAMS, Secretary
/en
PLANNING COMMISSION
RESOLUTION NO. 445
CONDITIONS OF APPROVAL
CASE NO. CUP 16-78
Page Three
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 16-78, 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.
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)