HomeMy WebLinkAboutRes No 1311PLANNING CCNIIISSION RESOLUTION NO. 1311
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH
LIQUOR LICENSE TO OCCUPY 1600 SQUARE FE h 1' WITHIN
A COMMERCIAL BUILDING AND CONSTRUCTION OF AN
ASSOCIATED PARKING LOT AT THE SOUTHEAST CORNER OF
EL PASEO AND HIGHWAY 111.
CASE NO. CUP 88-8
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 4th day of October, 1988, hold a duly noticed public hearing to
consider the request by ALIBABA FARZANEH AND FRED FERN for approval of a
conditional use permit to allow a restaurant with liquor license to occupy 1600
square feet within a commercial building and construction of an associated
parking lot at the southeast corner of El Paseo and Highway 111; and
WHEREAS, said application has cccnplied 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 community
development has determined that the project is a Class 2 categorical exemption
for purposes of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts and reasons to
exist to justify the granting of said conditional use permit:
1. The proposed use meets all policies, requirements and standards of
the Palm Desert Zoning Ordinance, Canmercial Core Specific Plan and
General Plan.
2. The proposed use will result in beneficial impacts for other retail
commercial tenants in the building.
3. The proposed use will not adversely effect adjacent uses or
depreciate property values in the vicinity nor will it be injurious
to the general public health or welfare.
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 Conditional Use Permit 88-8 is hereby granted for
reasons subject to the attached conditions.
PLANNING COMMISSION RESOLUPION O. 1311
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Ccamission, held on this 4th day of October, 1988, by the following
vote, to wit:
AYES: DOWNS, LADLOW, RICHARDS, WHITLOCX, AND ERWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE '
A'r hST:
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RAMDN A. DIAZ, Secet29
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IC ARD ERWOOD, Chairman
PLANNING oaTmiSSION RESOLUTION NO. 1311
CONDITIONS OF APPROVAL
CASE NO. CUP 88-8
Department of Cbmmumity Development:
1. The development of the property shall conform substantially with exhibits
on file with the department of community development, as modified by the
following conditions.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval, the applicant shall first complete all the
procedural requirements of the city which include, but are not limited to,
architectural commission and building permit procedures.
3. Construction of a portion of said project shall commence within one year
faun the date of final approval unless a time extension is granted,
otherwise said approval shall become null, void and of no effect
whatsoever.
4. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all
municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
Imo 5. Prior to issuance of a building permit for construction of any use
contemplated by this approval, the applicant shall first obtain permits
and/or clearance fran the following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
Coachella Valley Water District
Palm Desert Property Owner's Association
6. The completion of the proposed parking lot shall satisfy the 7 parking
spaces, $56,000 financial commitment described in Condition No. 8 of
Resolution No. 87-65.
7. The proposed parking lot shall be completed to the satisfaction of the
director of community development prior to any occupancy of the
restaurant.
8. If the designated parking area is lost for any reason, the conditional use
permit shall be void.
9. The applicant shall demonstrate to the satisfaction of the city attorney
that the grantor of said lease shall have the power to provide said lease.
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PLANNING Cla14ISSION RFSOLUPICt1 NO. 1311
10. Applicant shall install a three foot decorative with landscaping around
the perimeter.
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