HomeMy WebLinkAboutRes No 724PLANNING COMMISSION RESOLUTION NO. 724
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 EAT-
ING AT 73-990 EL PASEO.
CASE NO. CUP 05-77 (AMENDMENT).
WHEREAS, the Planning Commission of the City of Palm Desert, did hold
a duly noticed Public Hearing on the 2nd day of June, 1981, and continued hearing
on July 15, 1981, to consider the application of RICK SEIDNER, 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 outdoor seating in the
C-1, S.P. (General Commercial , Scenic Preservation Overlay) zone, located at
73-970 El Paseo, and more particularly described as:
APN 627-222-036
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 Trans-
portation/Circulation, Urban Design/Scenic High-
way 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 in-
adequate space in a building.
B. There are no exceptional or extraordinary circum-
stances 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.
PLANNING COMMISSION
RESOLUTION NO. 724 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
improvements 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 05-77 (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: BERKEY, MCLACHLAN, RICHA
NOES: NONE
ABSENT: MILLER, KRYDER
ABSTAIN: NONE
ATTEST:
/pa
HARLES MILLE", Chairman