HomeMy WebLinkAboutRes No 1401PLANNING CCNMISSION RESOLUPIC M. 1401
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND ZERO SETBACK VARIANCE
TO PERMIT A 600 SQUARE FOOT EXPANSION OF AN
EXISTING RESTAURANT.
CASE NOS. CUP 89-14, VAR 89-7
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 5th day of December, 1989, hold a duly noticed public hearing to
consider the request of MICHAAEL CAS'rEL,LI for approval of a conditional use
permit and zero setback variance to permit a 600 square foot expansion of an
existing restaurant by enclosing an outdoor patio with an openable glassed
greenhouse structure at 73-098 Highway 111; 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 approval of said variance and conditional use
permit:
1. The proposed use and design of the expansion is consistent with the
standard goals and objectives of the general commercial zone, the
Commercial Core Area Specific Plan and Palm Desert General Plan.
2. There are exceptional circumstances which apply to the design of the
existing restaurant which would result in unreasonable hardship if a
strict literal interpretation is enforced.
3. The proposed glass structure and overall scale of the building meets
the visual interest of the front setback requirement.
4. The project will therefore not depreciate values, restrict the lawful
use of adjacent properties or threaten the public health, safety or
general 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 CUP 89-14, VAR 89-7 in the department of community
development/planning is hereby approved, subject to conditions.
PLANNING COMMISSION RESOLUTION NO. 1401
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Ccmnission, held on this 5th day of December, 1989, by the following
vote, to wit:
AYES: DOWNS, ERWOOD, JONATHAN, RICHARDS, AND ERWOOD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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RAMON A. DIAZ, Secret
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CAROL WHITLOCK, Chairperson
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PLANNING COMMISSION RESOLLTPION NO. 1401
CONDITIONS OF APPROVAL
CASE NOS. CUP 89-14, VAR 89-7
Department of Community Development:
1. The development of the property shall conform substantially with exhibits
on file with the department of community nity 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 fiLsL 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
from 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 stated and federal statutes now in force, or
which hereafter may be in force.
um. 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 from the following agencies:
Riverside County Department of Health
Palm Desert Architectural Commission
City Fire Marshal
6. That prior to issuance of building permit the owner (developer) provide
the city with evidence that he has paid the required school mitigation
fee.
7. Applicant shall execute and maintain a lease for valet parking for at
least six spaces within a minimum 300 feet of the restaurant.
8. Applicant agrees to participate in any future parking assessment district
formed creating public parking north of the restaurant. Maximum
contribution shall be equivalent to the cost of developing six spaces at
$4,000 per space for a total of $24,000.
9. Restaurant shall not open for business before 5:00 p.m.
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