HomeMy WebLinkAboutRes No 1840PLANNING COMMISSION RESOLUTION NO. 1840
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT ALLOWING
ENCLOSURE OF A 538 SQUARE FOOT PATIO, LOCATED AT 73-
101 HIGHWAY 1 1 1, PALOMINO EURO BISTRO.
CASE NO. CUP 09-78 AMENDMENT #2B
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of December, 1997, hold a duly noticed public hearing to consider the request
by THE STANLEY B. ROSE COMPANY and PALOMINO EURO BISTRO (RUI ONE CORP.) for
approval of an amendment to an existing conditional use permit to allow enclosure of a 538
square foot patio at 73-101 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 1 categorical exemption for the 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 amendment is in compliance with the intent of the original
conditional use permit, the zoning ordinance and the city's general plan.
2. The proposed use and the conditions under which it will be operated will not
be detrimental to the public health, safety or general welfare, and will not be
materially injurious to other tenants or property owners within the Palms to
Pines Village.
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 Amendment #2b to CUP 09-78 as described in the staff report and this
resolution is hereby approved, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1840
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 2nd day of December, 1997, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
/lJLJ
PHILIP DRELL, ecretary
Palm Desert Pla ning Commission
SONIA M. CAMPBELL, Acting Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1840
CONDITIONS OF APPROVAL
CASE NO. CUP 09-78 AMENDMENT #2B
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. 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.
3. Applicant shall execute agreement and financially participate in the construction of
at least eight parking spaces in the public parking lot being constructed adjacent to
the restaurant by the Palm Desert Redevelopment Agency. Should the applicant
participate in the construction of the public parking lot in excess of eight parking
spaces the excess space(s) shall be available to any future conditional use permit
amendment application of The Stanley B. Rose Company and Palomino Euro Bistro
(RUI One Corp.).
4. Issuance of a building permit and commencement of construction pursuant to the
approval shall occur within one year of the effective date. Otherwise said approval
shall become null and void unless an extension of time is granted by the Planning
Commission. Participation in the public parking lot required by condition no. 3 shall
be construed as satisfaction of this condition and shall vest the applicant in this
approval without the need for future time extensions.
5. That all previous conditions associated with CUP 09-78 shall continue in effect, save
and except those amended by this approval.
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