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HomeMy WebLinkAboutRes No 1035PLANNING COMMISSION RESOLUTION NO. 1035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT ALLOWING THE USE OF A 576 SQUARE FOOT PATIO FOR DINING AT 73-640 EL PASEO. CASE NO: CUP 11-78 AMENDMENT WHEREAS, the Planning Commission of the City of Palm Desert, California did on April 16, 1985 hold a duly noticed public hearing to consider a request by BON APPETIT for approval of a 576 square foot restaurant outdoor patio expansion and associated parking requirement modification located at 73-640 El Paseo. 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 a Class I Categorical Exemption. 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 to exist to justify their actions: 1. The proposed outdoor dining area is in accord with the commercial nature of the C-1 zone. 2. The location of the patio and its conditions of operations regulated by the Riverside County Health Department, will not be detrimental to the public health, safety or welfare, or be materially injurious to properties in the vicinity. 3. The proposed use will comply with all provisions of this title with the exception of an approved parking modification. Analysis of the parking usage indicates that adequate supplies exist to serve the proposed expansion. 4. The provision of outdoor dining contributes to the overall positive image of the commercial area and thus complies with the goals, objectives and policies of the general plan. 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. CUP 11-78 Amendment is hereby approved subject to attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April 1985, by the following vote, to wit: AYES: DOWNS, RICHARDS, WOOD & CRITES NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE ATTEST: RAMON A. DIAZ, Secr /dlg PLANNING COMMISSION RESOLUTION NO. 1035 CONDITIONS OF APPROVAL CUP 11-78 (Amendment) 1. The development shall conform with the plot plan marked exhibit "A" on file in Department of Environmental Services as modified by this approval. 2. The applicant shall continue to operate the conditional use in a neat and orderly manner. 3. Within six weeks of this approval the applicant shall submit to the architectural commission plans for the relocation or replacement of the iron fence so that all dining activity shall be within a clearly defined area. 4. Parking shall be reviewed after one year to determine if any problems exist.