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HomeMy WebLinkAboutRes No 1440PLANNING CCNMISSION RFSOLLTTICti ND. 1440 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT ALLOWING EXPANSION OF AN EXISTING RESTAURANT AND USE OF AN OUTDOOR PATIO AT 73-703 HIGHWAY 111. CASE NO. CUP 90-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of May, 1990, told a duly noticed public hearing to consider the request of RONALD G. NOILES for approval of a conditional use permit for 850 square foot interior expansion of an existing restaurant and use of an outdoor patio at 73-703 Highway 111; and WHEREAS, said application has ccinplied 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 oarnunity development has determined that the project is a Class 3 categorical exemption; 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 expansion and outdoor patio dining area are oonsistent with the goals of the Commercial Core Area Specific Plan and consistent with the intent of the General Carmercial zone. 2. An analysis of existing and projected parking supplies and demands indicate that the proposed restaurant expansion will not significantly impact parking availability in the vicinity. 3. As conditioned the proposed expansion will not be detrimental to 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 approval of Conditional Use Permit 90-9 is hereby granted, subject to attached conditions. PLArNIING CXMNIISSICN RESOLUPICN O. 1440 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning CcRmission, held on this 1st day of May, 1990, by the following vote, to wit: AYES: DOWNS, ERW00D, JONATHAN, RICHARDS, AND WHITLOCC NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: `� ��°Wt077IW RAMON A. DIAZ, Sec et PD/tm 2 CAROL WHITLOCK, Chairperson PLAITING crzgllSSICti RESOU7PION NO. 1440 CONDITIONS OF APPROVAL CASE NO. CUP 90-9 Department of O miunity Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. 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. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4. 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 Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That valet parking shall not be permitted without first obtaining the required approval of the Technical Traffic Advisory Committee. 6. That the exposed roof equipment be screened from Presidents Plaza and Highway 111. 7. The planning commission reserves the right to restrict the seating capacity of the outdoor patio and proposed 850 square foot expansion during lunch hours (11:00 a.m. through 2:00 p.m.) if it finds that lunch operation of this space creates parking demands in excess of available supplies in the immediate vicinity of the restaurant which adversely impacts other businesses in Presidents Plaza. PD/tm 3