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HomeMy WebLinkAboutRes No 1587PLANNING COMMISSION RESOLUTION NO. 1587 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ADD AN OPEN AIR SHADED PATIO ON THE FRONT AND SIDE OF AN EXISTING RESTAURANT AT THE NORTHWEST CORNER OF HIGHWAY 111 AND FRED WARING DRIVE. CASE NO. CUP 92-10 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of September, 1992, hold a duly noticed public hearing to consider the request of DONALD BALLARD for the above mentioned project; 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 nature of outdoor seating is such that it will not significantly increase overall restaurant seating capacity or create a parking shortage in the area. 2. The proposed location of the conditional use permit 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: 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 92-10 is hereby granted subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1587 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of September, 1992, by the following vote, to wit: AYES: DOWNS, SPIEGEL, WHITE, WHITLOCK NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: RAMON A. DIAZ, 9ecp ary Palm Desert Planni Commission 2 go.(4-ezaktkei) CAROL WHITLOCK, Chairperson PLANNING COMMISSION RESOLUTION NO. 1587 CONDITIONS OF APPROVAL CASE NO. CUP 92-10 Department of Community Development/Planning: 1. Applicant shall comply with all state, federal and city regulations. 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. Under no circumstances shall the patio be enclosed or incorporated into the interior space of the restaurant. PD/tm 3