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HomeMy WebLinkAboutRes No 1763PLANNING COMMISSION RESOLUTION NO. 1763 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE A REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A 1000 SQUARE FOOT RESTAURANT AND A.B.C. LICENSE IN THE SERVICE INDUSTRIAL ZONE AT 74-991 VELIE WAY SUITE #4. CASE NO. CUP 96-24 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider the request by DANTE NUNEZ AND SALVADOR VELAZQUEZ for the above mentioned; 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 no further documentation is necessary; 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. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. • The proposed restaurant's use is allowed as a conditional use in the service industrial district. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public, health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. • The proposed restaurant use is compatible with the surrounding uses and existing zoning. The use will not be detrimental to the general public, health, safety and welfare or materially injurious to the properties in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. PLANNING COMMISSION RESOLUTION NO. 1763 • Due to the under-utilized parking lot, the proposed restaurant and existing tenants will have sufficient parking to comply with mosii city's parking requirements. 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's general plan. • The proposed use is compatible in existing district, and meets all of the city goal's, objectives and policies of the 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 96-24 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: P ILIP DRL, ecretary Palm Deser Planning Commission 2 PAUL R. BEATY, Chairpe on PLANNING COMMISSION RESOLUTION NO. 1763 CONDITIONS OF APPROVAL CASE NO. CUP 96-24 Department of Community Development: 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. 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. 3. 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. 4. That the restaurant shall be limited to a maximum of 1000 square feet and a maximum of 20 seats. 3