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HomeMy WebLinkAboutRes No 1698PLANNING COMMISSION RESOLUTION NO. 1698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 1,500 SQUARE FOOT RETAIL AND ONSITE CONSUMPTION COFFEEHOUSE WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT THE NORTHWEST CORNER OF EL PASEO AND SAGE LANE. CASE NO. CUP 95-8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of September, 1995, hold a duly noticed public hearing to consider the request of STARBUCKS COFFEE COMPANY for approval of a conditional use permit as described above; 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 proposed restaurant use is consistent with the intent and purpose of the Palm Desert Zoning Ordinance, Commercial Core Specific Plan and General Plan. 2. The existing parking facilities are sufficient to meet the demands of the subject restaurant. 3. The proposed use will result in beneficial impacts for other retail commercial tenants in the building. 4. The proposed use will not adversely effect adjacent uses or depreciate property values in the vicinity nor will it be injurious to the general public health or 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 95-8 is hereby granted, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1698 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of September, 1995, by the following vote, to wit: AYES: BEATY, FERNANDEZ, JONATHAN NOES: NONE ABSENT: CAMPBELL ABSTAIN: NONE ATTEST: LIP"D. DRELL, Acting Secretary Palm Desert Planning Commission 2 SABBY JILATHAN, Chairperson fere PLANNING COMMISSION RESOLUTION NO. 1698 CONDITIONS OF APPROVAL CASE NO. CUP 95-8 Department of Community Development: 1. The development of property shall conform substantially with exhibits on file with the department of community development, 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 a time extension 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 City Fire Marshal 6. Approval is based on 50% restaurant, 50% retail use with a maximum indoor seating of 21 and maximum outdoor patio seating of 8. 7. Outdoor patio shall be accessible and available for use by the general public. 3