HomeMy WebLinkAboutRes No 1713PLANNING COMMISSION RESOLUTION NO. 1713
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, FOR APPROVAL OF A
1924 SQUARE FOOT JAPANESE RESTAURANT WITH BEER AND
WINE LICENSE AT 73-540 HIGHWAY 111.
CASE NO. CUP 95-12
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 21st day of November, 1995, hold a duly noticed
public hearing to consider the request of SHIN MATSUNAGA for approval
of a 1924 square foot Japanese Restaurant with beer and wine license at
73-540 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. 95-105," 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. Parking exists in the vicinity to accommodate the proposed
restaurant use.
2. The proposed use is consistent with the goals and objectives
of the General Commercial zone, Commercial Core Area Specific
Plan and the Palm Desert General Plan.
3. 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.
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 95-12 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1713
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 21st day of November, 1995, by
the following vote, to wit:
AYES: CAMPBELL, FERNANDEZ, BEATY
NOES: JONATHAN
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
C
PHILIP DRELL, Acting Secretary
Palm Desert Planning Commission
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PAUIL(
�EATY, Chairperon
PLANNING COMMISSION RESOLUTION NO. 1713
CONDITIONS OF APPROVAL
CASE NO. CUP 95-12
Department of Community Development:
1. Applicant shall comply with all state, county, and city
regulations concerning restaurant use.
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. Restaurant use shall be limited to 1924 square feet in area.
4. That the hours of operation shall be from 11:00 a.m. until 11:00
p.m. seven days a week.
5. That prior to opening of the business the rear paved area be
organized and appropriately striped to provide employee parking
spaces. Said parking layout to be approved by planning staff.
6. That the applicant prior to opening of the business provide the
city with a written statement agreeing to require all employees to
park at the rear of the building.
7. That the property owner prior to the opening of Tokyo Kitchen
shall provide the city with a written statement that he/she will
vigorously encourage/require other existing tenants
(operators/employees) on this property to park at the rear of the
building.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Section 3.44 the
project shall be subject to Transportation Uniform Mitigation Fees
(TUMF). The fee shall be based on the proposed change of use
(retail to restaurant) and is estimated to be $5,938.85.
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