HomeMy WebLinkAboutRes No 485PLANNING COMMISSION RESOLUTION NO.485
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST FOR AN AMENDED CONDITIONAL USE PERMIT
TO ALLOW A RESTAURANT AND AN AMENDED RELATED
PARKING VARIANCE ON THE SOUTH SIDE OF EL PASEO
BETWEEN SUN LODGE LAND AND LUPINE LANE.
CASE NO. CUP 16-78 (AMENDED)
WHEREAS, pursuant to provisions of the Palm Desert Zoning
Ordinance, the Planning Commission of the City of Palm Desert,
California, did on May 3, 1979, hold a duly noticed Public Hearing to
consider an application from C.G. DUNHAM FOR DON DRYSDALE, requesting
approval of an Amended Conditional Use Permit to allow a 2,540 sq. ft.
restaurant and outdoor patio seating and a related Amended Variance
to reduce the number of parking spaces from 38 spaces required by the
Municipal Code to 22 spaces, in the C-1, S.P. (General Commercial,
Scenic Preservation Overlay) zone on the south side of El Paseo
beteen Sun Lodge 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 original 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, the Planning 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 amended 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 amended conditional
use and the conditions 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
improvements in the vicinity.
3. The proposed amended conditional use complies with the
goals, objectives, 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 38 spaces required by the
Municipal Code to 22 spaces:
1. Employment of joint -use parking will compensate for
a number of deficient parking spaces.
2. The mandatory findings the Planning Commission
must make when granting a Variance as specified
in Section 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. 485
1. That the above recitations are true and correct and
constitute the findings of the Commission in this case;
2. That approval of Amended Conditional Use Permit
CUP 16-78, and related Amended Parking Variance is
hereby granted to Don Drysdale 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 May, 1979, by
the following vote, to wit:
AYES: BERKEY, FLESHMAN, KRYDER, SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PAUL A. WILLIAMS,
/ss
Secretary
4St
WSNYDER, Ch;:.rman
PLANNING COMMISSION
RESOLUTION NO. 485
CONDITIONS OF APPROVAL
CASE NO. CUP 16-78 (AMENDED)
1. The development of the property shall conform substantially with
that as shown on plot plan marked Exhibit 'B' on file with the
Department of Environmental Services, Case No. CUP 16-78
(Amended), 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 the time of original approval.
4. All signs shall conform to the approved sign program for the
building complex in which it is proposed.
5. Prior to issuance of a building permit, a floor plan for the
proposed restaurant shall be submitted to and approved by the
Department of Environmental Services.
6. That the Planning Commission shall have the right to review the
case one year from occupancy to determine if the conditions
that warranted the original approval still exist.