HomeMy WebLinkAboutRes No 615PLANNING COMMISSION RESOLUTION NO. 615
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A
CONDITIONAL USE PERMIT FOR RETAIL COFFEE SALES WITH ACCESSORY
FOOD SERVICE AND ASSOCIATED PARKING VARIANCE LOCATED IN A RETAIL
SHOP IN A COMMERCIAL COMPLEX AT THE SOUTHWEST CORNER OF EL PASEO
AND SAN LUIS REY AVENUE.
CASE NO. CUP 08-80
WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance,
the Planning Commission of the City of Palm Desert, California, did on July 1, 1980,
hold a duly noticed Public Hearing to consider an application from CALVIN SWANSON
requesting approval of a Conditional Use Permit for retail coffee sales with
accessory food service and associated parking Variance (26 required spaces - seven
allocated) located in a retail shop in a 1.64 acre shopping center complex within
a C-1 (General Commercial District) zone generally located at the southwest corner
of El Paseo and San Luis Rey Avenue, more particularly described as:
Lots 2 and 3, Blk. Q, Palm Desert Tract
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 adopted; 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 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 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 tc justify the
approval of a Variance to reduce the number of parking spaces from 26 spaces
required by the Municipal Code to 7 spaces:
1. A considerable number of 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 case.
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 approval of Conditional Use Permit CUP 08-80 and related
Parking Variance is hereby granted to CALVIN SWANSON for reasons
subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
PLANNING COMMISSION
RESOLUTION NO. 615 Page Two
Planning Commission, held on this 1st day of July, 1980, by the following vote,
to wit:
AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CHARL S MILLER, Chairman
ATTEST:
PAUL A. WILLIAMS, Secretary
/1r
PLANNING COMMISSION
RESOLUTION NO. 615 PAGE THREE
CONDITIONS OF APPROVAL
CASE NO. CUP 08-80
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 08-80, 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. Patron seating for food and beverage service shall be limited to a maximum
of 30.
6. Applicant shall agree to these conditions in writing and they shall be binding
on all successors operating this use.
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)