Loading...
HomeMy WebLinkAboutRes No 653PLANNING COMMISSION RESOLUTION NO. 653 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING IN MODIFIED FORM A CONDITIONAL USE PERMIT,ASSOCIATED PARKING VARIANCE, AND JOINT USE PARKING FOR A DINNER HOUSE LOCATED AT 73-520 EL PASEO. CASE NO. CUP 13-80 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission of the City of Palm Desert, California, did on November 5, 1980, hold a duly noticed Public Hearing to consider an application from JACK KLOTZ for approval of a Conditional Use Permit, Associated Parking Variance and Joint Use Parking Agreement to allow a Dinner House to occupy 6,505 sq.ft. of space, in a commercial complex within a C-1, S.P. (General Commercial, Scenic Preservation Over- lay) zone located on the east side of San Pablo Avenue, between Highway 111 and El Paseo (73-520 El Paseo), more particularly described as: APN 627-211-009 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 80-89" in that the Director of Environmental Services has determined that the project is categorically exempted under the guidelines for implementation of CEQA per section 15101, and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commis- sion did find the following facts and reasons to exist to justify the granting of said modified 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 Commis- sion did find the following facts and reasons to exist to justify the approval of a modified Variance to reduce the number of parking spaces from 85 spaces required by the Municipal Code to 63 spaces: 1. Employment of joint -use parking will compensate for a number of the defi- cient 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. 3. The restaurant will only be open in the evening when the other shops in the commercial center will be closed which will allow the restaurant to utilize the entire parking lot. 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 a modified Conditional Use Permit CUP 13-80 and related Parking Variance is hereby granted to JACK KLOTZ for reasons contained in this Resolution, subject to the attached conditions. 3. lhat the Planning Commission does hereby authorize employment of joint use parking, pursuant to the provisions of Municipal Code Section 25.58.320. PLANNING COMMISSION RESOLUTION NO. 653 Page Two PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th. day of November, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER NOES: NONE ABSENT: MCLACHLAN ABSTAIN: NONE GZ�/ CHARLES-MILLFJ ATTEST: S AN B. S Acting Secretary Chairman PLANNING COMIvMISSION RESOLUTION NO. 653 PAGE THREE CONDITIONS OF APPROVAL CASE NO. CUP 13-80 1. The development of the property shall conform substantially with that as shown on plot plan as amended marked Exhibit "A" on file with the Depart- ment of Environmental Services, Case No. CUP 13-80, 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. Applicant shall agree to these conditions in writing and they shall be bind- ing on all successors operating this use. 6. Inside eating area to be limited to 4,853 sq. ft. with patio area to be limited to 826 sq. ft. 7. Exterior changes to building, to be approved by Design Review Board. 8. Restaurant shall not open before 5:30 P.M. every day of the week. 9. No more than three parking spaces to be removed for patio area. 10. The Planning Commission shall retain the right to review this permit should any violations of these approved conditions occur or should the operation make any unauthorized changes which create a hazard to the subject or surround- ing properties. 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)