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HomeMy WebLinkAboutRes No 1542PLANNING COMMISSION RESOLUTION NO. 1542 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A HEALTH FOOD STORE AND TAKEOUT DELI TO OCCUPY 4000 SQUARE FEET AT THE NORTHEAST CORNER OF HIGHWAY 111 AND PORTOLA AVENUE. CASE NO. CUP 91-15 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1991, hold a duly noticed public hearing to consider the request of OLIPHANT LIZZA & ASSOCIATES for approval of a conditional use permit to allow a health food store and takeout deli to occupy 4000 square feet of space at the northeast corner of Highway 111 and Portola Avenue; 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: City 1. The nature of the proposed health food store is consistent with the parking demands of a general retail use for which the building was designed and approved. 2. The proposed use is consistent with the objectives of the General Commercial zone and the General Plan. 3. The location of the health food store and the conditions under which it will be maintained will not be detrimental to the public health, safety or welfare or be materially injurious to properties or use in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the of Palm Desert, California, as follows: 1. That the above recitations are true and correct and the findings of the commission in this case. 2. That approval of Conditional Use Permit 91-15 granted subject to the attached conditions. constitute is hereby PLANNING COMMISSION RESOLUTION NO. 1542 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of November, 1991, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE PD/tm CAROL WHITLOCK, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 1542 CONDITIONS OF APPROVAL CASE NO. CUP 91-15 Department of Community Development: 1. Use shall be limited to 4000 square feet. 2. Approval applies to a retail establishment selling primarily vitamins, health foods or other similar specialty food products. 3. If the nature of the business changes so that it caters to a wider market attracting higher traffic volumes and parking demands, the conditional use permit may be reviewed, modified or revoked by the Palm Desert Planning Commission. 4. 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. 5. Implementation of the conditional use permit 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. `► 6. PD/tm The operation of the use 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