HomeMy WebLinkAboutRes No 1677PLANNING COMMISSION RESOLUTION NO. 1677
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A
LIMITED MENU FAST FOOD RESTAURANT, WITHOUT DRIVE-
THRU, IN 2100 SQUARE FEET OF AN EXISTING BUILDING
IN THE PLAZA DE MONTEREY CENTER AT THE SOUTHEAST
CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE.
CASE NO. CUP 94-14
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of January, 1995, hold a duly noticed
public hearing to consider the request of MONTEREY PARTNERS, LTD., for
approval of a conditional use permit to allow the operation of a
limited menu fast food restaurant, without drive-thru, in 2100 square
feet of an existing building in the Plaza de Monterey center at the
southeast corner of Monterey Avenue and Country Club Drive; 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 has been
previously assessed; 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 location of the conditional use is in accord
with the objectives of the zoning ordinance and the purpose
of the district in which the site is located.
2. 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.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved
variances or adjustments.
4. The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted general plan.
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 94-14 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1677
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 17th day of January, 1995, by
the following vote, to wit:
AYES: FERNANDEZ, SPIEGEL, WHITLOCK, JONATHAN
NOES: NONE
ABSENT: BEATY
ABSTAIN: NONE
ATTEST:
p
*7 •
RAMON A. DIAZ, Sic ':ry
Palm Desert Planni *' Commission
2
SABBY JONAT°AN, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1677
CONDITIONS OF APPROVAL
CASE NO. CUP 94-14
Department of Community Development:
1. That the proposed Wendy's restaurant use shall be limited to a
maximum of 2100 square feet and shall be located in Building E as
indicated on the application.
2. That this CUP shall apply only to a Wendy's walk-in restaurant and
any other restaurant operator shall first require approval of the
Palm Desert Planning Commission prior to commencing operation.
3. That the restaurant hours of operation shall be limited to 10:30
a.m. until 10:00 p.m. seven days a week.
4. That delivery hours for the Wendy's restaurant shall be permitted
between 6:00 a.m. and 8:00 a.m. only.
5. That Wendy's restaurant shall install effective state of the art
odor mitigation controls.
6. That Wendy's restaurant shall utilize the existing in -ground trash
dumpster and if trash overflow of this dumpster becomes a problem,
Wendy's shall increase the number of pick-ups. If, after
increasing the number of pick-ups the trash problem persists then
staff shall direct that an additional dumpster be constructed to
also serve Wendy's.
7. That the center owner shall create and implement a program to
mitigate the existing odor producing uses at the center. Said
mitigation may be phased in over a period of years but Kenny
Rogers Roasters shall be included in the first phase and be
completed within six months.
8. An additional in -ground trash facility shall be installed at the
southwest corner or Sagewood and Country Club Drive.
3