HomeMy WebLinkAboutRes No 1641PLANNING COMMISSION RESOLUTION NO. 1641
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM DESERT, CALIFORNIA,
APPROVING AN AMENDMENT TO AN EXISTING
CONDITIONAL USE PERMIT TO PERMIT AN 1800
SQUARE FOOT EXPANSION OF THE EXISTING
ANDREINOS RESTAURANT.
CASE NO. CUP 94-2, AMENDING CUP 89-14
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 5th day of April, 1994, hold a duly noticed
public hearing to consider the request of MICHAEL CASTELLI for approval
of an amendment to a conditional use permit to permit an 1800 square
foot expansion of an existing restaurant at 73-098 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 1
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 use and design of the expansion is consistent
with the standard goals and objectives of the general
commercial zone, the Commercial Core Area Specific Plan and
Palm Desert General Plan.
2. The project will not depreciate values, restrict the lawful
use of adjacent properties or threaten 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 94-2 amending
Conditional Use Permit 89-14 is hereby granted, subject to
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 5th day of April, 1994, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BEATY, JONATHAN, WHITLOCK, SPIEGEL
NONE
NONE
NONE
RAM A. DIAZ, 9iec -' ary
Palm Desert Planni•- Commission
PLANNING COMMISSION RESOLUTION NO. 1641
CONDITIONS OF APPROVAL
CASE NO. CUP 94-2, AMENDING CUP 89-14
Department of Community 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. 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.
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. 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.
5. 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
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.
6. That prior to issuance of building permit the owner (developer)
provide the city with evidence that he has paid the required
school mitigation fee.
7. Applicant shall execute and maintain a lease for valet parking for
at least 11 additional spaces within a minimum 300 feet of the
restaurant.
8. That the applicant shall pay the required transportation uniform
mitigation fee (TUMF) in an amount to be determined pursuant to
Ordinance No. 573.
9. That all conditions of the original case CUP 89-14 and VAR 89-7
shall continue in effect.
10. The restaurant shall not be permitted to open for business before
5:00 p.m. daily.
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