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HomeMy WebLinkAboutRes No 1801PLANNING COMMISSION RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CERTIFYING COMPLIANCE AND ADDING CONDITIONS TO AN APPROVED CONDITIONAL USE PERMIT FOR TWO RESTAURANTS WITH LIQUOR LICENSE TOTALING 8,000 SQUARE FEET TO BE LOCATED IN THE HIGHWAY 111 FRONTING BUILDING OF A 40,000 SQUARE FOOT RETAIL/OFFICE COMPLEX AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND HIGHWAY 1 1 1. CASE NO. CUP 91-9 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of April, 1997, hold a duly noticed public hearing to review the compliance with existing conditions and consider additional conditions for an existing conditional use permit . allowing two restaurants with liquor license totaling 8,000 square feet to be located in the Highway 111 fronting building of a 40,000 square foot retail/office complex at the northeast corner of Portola Avenue and Highway 1 1 1; 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. 97-18," 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 continuance of said conditional use permit with additional requirements: 1. As currently operating, the existing restaurants are in compliance with all applicable City ordinances and conditions of approval. 2. The addition of conditions regarding parking and related activities in the parking lots on both sides of Alessandro shall further insure compliance with City ordinances and policies concerning compatibility between commercial and residential uses. 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 the subject restaurants are in compliance with Conditional Use Permit 91- 9. PLANNING COMMISSION RESOLUTION NO. 1801 3. That the restaurants shall continue to be operated pursuant to Conditional Use Permit 91-9 subject to attached expanded conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of April, 1997, by the following vote, to wit: AYES: BEATY, CAMPBELL, FERNANDEZ, FERGUSON NOES: NONE ABSENT: JONATHAN ABSTAIN: NONE ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 AME O FERGUSON, Chairperson to iv PLANNING COMMISSION RESOLUTION NO. 1801 CONDITIONS OF APPROVAL CASE NO. CUP 91-9 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 & Safety permits required by any physical modification of the site. 3. Restaurant shall be limited to 8,000 square feet in area. 4. Restaurant shall participate in a commercial recycling program as approved by the Environmental Conservation Manager. 5. Proposal shall be subject to all applicable conditions of PP 89-19. 6. Restaurant garbage shall be restricted to south Alessandro parking lot trash dumpsters only. tam 7. Late night noise impacts on the San Marino Circle residential area caused by restaurant activity shall result in Planning Commission reexamination of this approval and the possible imposition of additional mitigating conditions. 8. Noise level shall be kept to a minimum in both parking lots. Valet attendants shall speak quietly and only when absolutely necessary, shall not operate radios, shall close doors quietly, avoid setting car alarms, revving of engines or excessive vehicle acceleration. 9. Deliveries to the restaurants or trash pickup shall be limited on weekdays to between the hours of 7:00 a.m. and 9:00 p.m.; weekends 8:00 a.m. and 9:00 p.m. Trucks shall not sit idling any longer than is absolutely necessary to load or unload. 10. Parking lot sweeping shall be limited to between 7:00 a.m. and 10:00 p.m. weekdays and 8:00 a.m. and 10:00 p.m. weekends. 11. Buses transporting groups to the restaurant shall not be parked in either lot or on Alessandro with their engines running. There shall be no bus pickups or drop offs on Alessandro or within the parking lots after 10:00 p.m. 3 PLANNING COMMISSION RESOLUTION NO. 1801 12. Valet parking will take place in the parking lot on the north side of Alessandro Drive excluding those areas north of Building B and along the north wall as shown on the attached map. 13. The parking lot adjacent to the restaurant will be for self parking. 14. Valet operators will begin at 9:00 p.m. to move cars from the valet lot, to the front lot adjacent to the restaurant, beginning with the cars in the northeast portion of the valet lot. 15. No restaurant employee parking is permitted in the north lot. 16. Should the valet parking services be terminated for Ruth's Chris Steakhouse, the City of Palm Desert must be notified in advance. 17. It is understood that in the event that any of the businesses located in Buildings A or B have an, evening event requiring the need for parking, the valet parking service will accommodate their needs for those evenings. 18. The valet parking service is responsible for any damage to landscaping, parking lot lighting, or other related damage due to negligence or accidents occurring in the course of valet parking. 19. Valet parking shall not commence earlier than 5:00 p.m. every evening. At the beginning of the evening all cars must be parked at the northeast part of the parking lot so as not to interfere with the function of late closing offices, if any. 20. Condition of parking areas should be maintained and kept free of any debris. 21. Valet parking attendants shall not leave any barriers or store any equipment on the premises. 22. Valet parking service shall make every effort to avoid interference with adjacent residential homeowners and shall respect their right to peacefulness and privacy. 23. Valet parking service shall immediately report any incidents or violations of these conditions to the City. 4