HomeMy WebLinkAboutRes No 736PLANNING COMMISSION RESOLUTION NO. 736
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN AMENDMENT TO MUNICIPAL CODE
CHAPTER 25.28 CONCERNING PROVISIONS FOR
SEATING FOR RESTAURANTS AND RETAIL FOOD
STORES, A CLASS 5 CATEGORICAL EXEMPTION
FOR PURPOSES OF CEQA.
CASE NO. ZOA 09-81
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 19th day of August, 1981, hold a duly noticed Public Hearing to con-
sider an amendment to Municipal Code Chapter 25.28 concerning seating for
restaurants and retail food stores;
WHEREAS, said amendments have complied with the requirements of the "City
of Palm Desert procedures to implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has deter-
mined the project to be a Class 5 Categorical Exemption; and,
WHEREAS, at said Public Hearing, upon hearing and considering the testi-
mony and arguments, if any, of all interested persons desiring to be heard, said
Planning Commission did find the following facts to justify their recommendations
as described below
1. Zoning Ordinance Text Amendment:
a. That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
b. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan and affected Specific
Plans.
c. That the Zoning Ordinance Amendment would better
serve the public health, safety, and general
welfare than the current regulations.
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
these cases;
2. That the Planning Commission does hereby recommend
to the City Council approval of a Zoning Ordinance
Text Amendment, as provided in the attached Exhibit
"A" to amend Municipal Code Chapter 25.28.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of August, 1981, by the following vote
to wit:
AYES: BERKEY, KRYDER, RICHARDS, WOOD
NOES: NONE
ABSENT: MILLER
ABSTAIN: NONE
ATTEST:
GEORG 1RYDER, Vic y'f i rman
PLANNING COMMISSION RESOLUTION NO. 736 PAGE TWO
EXHIBIT "A"
1. Section 25.28.150 SHALL READ AS FOLLOWS:
25.28.150 Outdoor Seating - Restaurants. A restaurant shall be entitled
to use tables within an outdoor patio for food service purposes without
the provision of additional parking spaces based upon a ratio of one
outdoor table per five indoor tables up to a total of three outdoor
tables. The addition of more than three tables will be deemed an expan-
sion of the use requiring a conditional use permit or amendment. The
location of outdoor tables shall meet all health, safety and fire codes.
2. Section 25.28.160 SHALL READ AS FOLLOWS:
25.28.160 Outdoor Seating - Commercial Center. A commercial center may
provide tables, chairs and sunshades within a common area for use by
the general public without the provision of extra parking. These tables
may not be reserved or associated with any particular business within
the center. Their location must meet all applicable health, safety and
fire codes.
3. Section 25.28.170 SHALL READ AS FOLLOWS:
25.28.170 Incidental Seating. A takeout restaurant or retail food store
under 2,000 sq.ft. gross floor area which sells prepared food shall be
entitled to two (2) serving tables without reclassification as a
restaurant for zoning purposes. These tables may be located indoors or
in an outdoor patio. When three or more tables are provided, the use
shall be deemed a restaurant and a conditional use permit must be
obtained.