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HomeMy WebLinkAboutRes No 1517Nur PLANNING COMMISSION RESOLUTION NO. 1517 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS WITH LIQUOR LICENSE TOTALING 8,000 SQUARE FEET TO BE LOCATED IN THE HIGHWAY 111 FRONTING BUILDING OF A 40,000 SQUARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND HIGHWAY 111. CASE NO. CUP 91-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of June, 1991, hold a duly noticed public hearing to consider the request of OLIPHANT/LIZZA for approval of a conditional use permit for allowing two restaurants with liquor license totaling 8,000 square feet to be located in the Highway 111 fronting building of a 40,000 square foot retail/office complex at the northeast corner of Portola Avenue and Highway 111; and WHEREAS, said application has complied 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 3 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 location of restaurants within retail commercial complexes are complimentary and beneficial to retail tenants in the vicinity. 2. The mix of uses in the retail/office complex and the available parking supplies are such that the proposed restaurants will not create a parking shortage in the area. 3. The proposed use is consistent with the goals and objectives of the general commercial zone, Commercial Core Area Specific Plan and the Palm Desert General Plan. 4. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: PLANNING COMMISSION RESOLUTION NO. 1517 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 91-9 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of June, 1991, by the following vote, to wit: AYES: DOWNS, ERWOOD, JONATHAN, WHITLOCK NOES: RICHARDS ABSENT: NONE ABSTAIN: NONE EST: greetf7fX! ON A. DIAZ, RAM ec jlary PD/tm 2 /4a„6aL1vt,) WHITLOCK, Chairperson PLANNING COMMISSION RESOLUTION NO. 1517 CONDITIONS OF APPROVAL CASE NO. CUP 91-9 Department of Community Development: 1. Applicant shall comply with all state, county, and city regulations concerning restaurant use. 2. The applicant shall obtain all necessary architectural review commission and department of building and safety permits required by any physical modification of the site. 3. Restaurant shall be limited to 8,000 square feet in area. 4. Restaurant shall participate in a commercial recycling program as approved by the Environmental Conservation Manager. 5. Proposal shall be subject to all applicable conditions of PP 89- 19. 6. Restaurant garbage shall be restricted to south Alessandro parking lot trash dumpsters only. 7. Late night noise impacts on the San Marino Circle residential area caused by restaurant activity shall result in Planning Commission reexamination of this approval and the possible imposition of additional mitigating conditions. 3. This approval does not apply to parking lot overhead lighting on the north Alessandro parking lot. Any future proposal to provide and illuminate other than low four foot maximum height landscape lighting shall be subject to rehearing by Planning Commission. PD/tm 3