HomeMy WebLinkAboutRes No 723PLANNING COMMISSION RESOLUTION NO. 723
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND DENYING AN AMENDMENT TO AN APPROVED
CONDITIONAL USE PERMIT AND ASSOCIATED PARKING
VARIANCE TO ALLOW A RESTAURANT TO USE THEIR FRONT
SETBACK AREA FOR OUTDOOR SEATING AND EATING AT
73-640 EL PASEO.
CASE NO. CUP 11-78
WHEREAS, the Planning Commission of the City of Palm Desert, did hold
a duly noticed Public Hearing on the 17th day of June 1981, and continued hearing
on July 15, 1981, to consider the application of ROMITTI'S WINE CELLAR, for
approval of an amendment to an approved Conditional. Use Permit and associated
Parking Variance to allow a restaurant to use their front setback area for out-
door seating in the C-1, S.P. (General Commercial, Scenic Preservation Overlay)
zone, located at 73-640 El Paseo, and more particularly described as:
APN 627-021-005
WHEREAS, said applicant has complied with the requirements of the "City
of Palm Desert Procedure for implementation of the California Environmental Quality
Act, Resolution No. 80-89", in that the Director of Environmental Services has
determined the proposed project is a Class 1, Categorical Exemption and no further
environmental documentation is deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering all testi-
mony, and arguments, the Planning Commission did find the following facts and
reasons to exist to justify the denying of said Conditional Use Permit and Variance
amendments:
1. Conditional Use Permit
A. That the proposed amendment is not in accordance
with the objectives of the Zoning Ordinance.
B. That the proposed amendment would impede the
efforts by the City to improve the parking
situation in the area in question.
C. That the proposed amendment does not comply with
applicable provisions of the Conditional Use
Permit section since additional parking has not
been met.
D. That the proposed amendment does not comply with
the goals, objectives or policies of the
Transportation/Circulation, Urban Design/Scenic
Highway and Land Use Elements of the adopted
General Plan.
2. Variance
A. There are no practical difficulties or unnecessary physical
hardships inconsistent with the objectives of this Ordinance
that would result if the Variance is not granted, in that
Variances are restricted to physical hardships befalling
landowner due to size, shape or topography of the property
and not to space utilization in a building.
B. There are no exceptional or extraordinary circumstances or
conditions that apply to the property that do not apply
generally to other properties in the same zone, in that the
subject property is similar in size and topography with other
properties in the same zone.
RESOLUTION NO. 723
PAGE TWO
C. The strict or literal interpretation and enforcement of
the specified regulation will not deprive the applicant
of privileges enjoyed by the owners of other properties
in the same vicinity and zone, in that other properties
are also subjected to the off-street parking requirements
should they also expand their facilities.
D. The granting of this Variance would be detrimental to the
public health, safety and welfare of properties and improve-
ments in the vicinity, in that it would impede the efforts
of the City of Palm Desert to improve the parking situation
in the President's Plaza which is in question.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the findings of the Commission in this case;
2. That the Planning Commission does hereby deny Conditional Use
Permit 11-78 (Amendment).
PASSED, APPROVED and ADOPTED at a regular meeting of the City of Palm
Desert Planning Commission, held on this 15th day of July, 1981, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BERKEY, MCLACHLAN, RICHARDS
NONE
MILLER, KRYDER
NONE
CHARLES MILLER, Chairman
ATTEST:
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R ION A. DIAZ, aretary
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