HomeMy WebLinkAboutRes No 1802PLANNING COMMISSION RESOLUTION NO. 1802
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT ALLOW! THE
EXPANSION OF AN APPROVED 2760 SQUARE FOOT
RESTAURANT TO 5000 SQUARE FEET (NET AREA) LOCATED
AT THE SOUTHWEST CORNER OF EL PASEO AND PRICKLY
PEAR LANE.
CASE NO. CUP 95-1 1 AMENDMENT
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 consider the request of
DENISE ROBERGE for the above mentioned amendment; 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
has been previously assessed in connection with the original approvals and no additional
documentation is deemed 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 amendment:
1. The proposed expanded restaurant will stimulate additional commercial activity
on the east end of El Paseo consistent with the objectives of the Commercial
Core Specific Plan and the economic development and land use goals of the
City's General Plan.
2. The physical location of the expanded restaurant and the conditions under
which it will be operated and maintained are appropriate and will not be
detrimental to the public health, safety and general welfare or be materially
injurious to properties or improvements in the vicinity.
3. Adequate additional parking shall be provided to accommodate the expanded
restaurant use.
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.
PLANNING COMMISSION RESOLUTION NO. 1802
2. That Conditional Use Permit 95-1 1 Amendment is hereby approved, subject
to 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, ' ecretary
Palm Desert Planning Commission
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ON, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1802
CONDITIONS OF APPROVAL
CASE NO. CUP 95-11 AMENDMENT
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the department of community development/planning, 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. 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:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the department of building and safety at the time of issuance of a building permit for
the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by applicable trash company and department of
community development.
6. All future occupants of the buildings shall comply with parking requirements of the
zoning ordinance.
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PLANNING COMMISSION RESOLUTION NO. 1802
7. A detailed parking lot and building lighting plan shall be submitted to staff for
approval, subject to applicable lighting standards, plan to be prepared by a qualified
lighting engineer.
8. All sidewalk plans shall be reviewed and approved by the department of public works
prior to architectural review commission submittal.
9. Project is subject to Art in Public Places program per Palm Desert Municipal Code
Chapter 4.10.
10. Final landscape plans shall comply with proposed August 24, 1989 parking lot tree
planting master plan.
11. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said landscaping
for the life of the project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that this condition and
agreement run with the land and bind successors and assigns.
12. Applicant, with approval of the Department of Public Works, shall delineate the on -
street curb side parking spaces shown on the plan.
13. Applicant shall provide 49 onsite parking spaces. Rear parking shall be redesigned
to eliminate the dead-end parking and provide through circulation as approved by the
architectural review commission.
14. If in the future parking demands of the project, as determined by the Planning
Commission, consistently exceed the supply (both onsite and curb side) to the
detriment of the surrounding area, then applicant shall be required to submit plans to
the city for approval and construct additional on -site parking consistent with those
demands or face revocation of this conditional use permit.
15. The following issues shall be subject to further planning commission review if, as a
result of staff concern or public complaint, are identified as problems: merchandise
deliveries, trash pickup (hours and general logistics), exterior lighting, restaurant odor
control, hours of operation, and unforeseen noise impacts.
16. Construction of the 33 space parking lot as described by CUP 96-15 (the remote lot)
shall be required as a condition of this approval and shall be completed prior to the
issuance of a Certificate of Occupancy for the restaurant. A parking easement shall
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PLANNING COMMISSION RESOLUTION NO. 1802
be recorded on the remote lot which restricts its use to parking for the restaurant and
prevents sale or change in use without City consent.
17. All employees of businesses occupying space within the area covered by PP 95-7
shall be required to park in the remote lot prior to 5:00 p.m.
18. If condition number 17 cannot effectively manage available parking resources, the
property owner may be required by the Planning Commission to arrange for an
alternative parking program to address any deficiency.
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