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HomeMy WebLinkAboutRes No 1628PLANNING COMMISSION RESOLUTION NO. 1628 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT ALLOWING 56 PATIO DINING SEATS AT AN EXISTING RESTAURANT TO BE KNOWN AS PALOMINO, LOCATED AT 73- 101 HIGHWAY 111. CASE NO. CUP 09-78 AMENDMENT #2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of August, 1993, hold a duly noticed public hearing to consider the request by RESTAURANTS UNLIMITED, INC., for approval of an amendment to an existing conditional use permit to allow an expansion (patio seating for 56 persons) of the former Robert Cunard's Restaurant located at 73-101 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 the 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 proposed amendment is in substantial compliance with the intent of the original conditional use permit, the zoning ordinance and the city's general plan. 2. The proposed use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare and will not be materially injurious to other tenants or property owners within the Palms to Pines Village. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission City of Palm Desert, California, as fellows: of the 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That Amendment #2 to CUP 09-78 as described in the staff report and this resolution is hereby approved, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1628 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of August, 1993, by the following vote, to wit: r/ AYES: BEATY, COX, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RAMIN A DIAZ, '-c -ary ROBERT A. SPIEGairman 2 PLANNING COMMISSION RESOLUTION NO. 1628 CONDITIONS OF APPROVAL CASE NO. CUP 09-78 AMENDMENT #2 Department of Community Development/Planning: 1. The development of the property shall conform substantially with exhibits on file with the department of community development, 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 the proposed patios 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. That maximum total seating capacity indoors and outdoors shall be 235 seats as delineated on the plans, sheet A-2-1 and dated June 30, 1993 and on file with department of community development. 5. That the outdoor dining areas shall not be enclosed. 6. If the owner wishes to implement a valet parking program, a valet parking plan/application must be submitted to the Technical Traffic Committee for review and approval pursuant to Ordinance No. 705. SRS/tm 3