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HomeMy WebLinkAboutRes No 829PLANNING COMMISSION RESOLUTION NO. 829 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR A RESTAURANT IN THE C-1, S.P. ZONE LOCATED AT 73-520 EL PASEO FOR A PERIOD OF TWO YEARS FROM THE DATE OF ADOPTION OF THIS RESOLUTION. CASE NO. CUP 13-80 (Amendment) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of November, 1982, hold a duly noticed public hearing to consider the request of the PALM TREE RESTAURANT (JACK KLOTZ) for approval of an amendment to a CUP to allow a dinner only restaurant to open for lunch at 11:00 a.m. in the C-1, S.P. zone located at 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 Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project is categorically exempted per Section 15101 and no further documentation is deemed necessary. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said commission did find the following facts and reasons to exist to justify approval of said conditional use permit amendment. 1. The proposed location of the conditional use and the conditions under which it will be operated and maintained will be in the furtherance of the public health, safety or general welfare, and not be materially injurious to properties or improvements in the vicinity, in that there is currently sufficient parking facilities in the vicinity of the use and those directly impacted, the center's tenants, are in favor of said amendment. 2. The proposed amendment would not detrimentally impact parking along El Paseo during the daytime hours when other retail and commercial uses are open in that parking is presently available and will be available in the immediate area for at least the next two years. 3. While deviation in the number of parking spaces required versus spaces provided would be greater than normally allowed, it would not set an undesirable precedent in that each case must and has been decided on its own merits. 4. An interim granting of this request would be beneficial to the city and permit reevaluation at a later date assuring that should problems arise they can be resolved. 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 amendment of Conditional Use Permit 13-80 is hereby approved for those reasons, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert -1- PLANNING COMMISSION RESOLUTION NO. 829 Planning Commission, held on this 16th day of November, 1982, by the following vote, to wit: AYES: CRITES, DOWNS, KRYDER, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RALPH WOOD, Chairman -2- PLANNING COMMISSION RESOLUTION NO. 829 Condition of Approval Case No. CUP 13-80 (Amendment) 1. Approval is for a two year period, at the end of said period, this amendment will be reviewed by the planning commission. 2. Said amendment shall be called up for review should the city receive complaints relating to parking during said period. -3-