HomeMy WebLinkAboutRes No 1882PLANNING COMMISSION RESOLUTION NO. 1882
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO THE CONDITIONAL USE PERMIT ALLOWING THE TRANSFER
OF 640 SQUARE FEET FROM AN EXISTING 1,280 SQUARE
FOOT ENTITLEMENT (74-990 VELIE WAY) TO AN EXISTING
2,000 SQUARE FOOT ADJACENT MINI-MART/DELI FOR SIT
DOWN DINING WITH ON -SALE BEER AND WINE LICENSE,
LOCATED AT 42-005 COOK STREET #106 .
CASE NO. CUP 92-3 Amendment # 2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of August, 1998, hold a duly noticed public hearing to consider the request of
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 1 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. The proposed location of the conditional use is in accord with the objectives
of the zoning ordinance and the purpose of the district in which the site is
located.
2. 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 materially injurious to properties or improvements
in the vicinity.
3. The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. The proposed conditional use will comply with the goals, objectives, and
policies of the city's adopted 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.
PLANNING COMMISSION RESOLUTION NO. 1882
2. That approval of Conditional Use Permit 92-3 Amendment #2 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 4th day of August, 1998, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, FINERTY, CAMPBELL
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
TTEST•
PHILIP DRELL, ecretary
Palm Desert Pla ning Commission
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ONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1882
CONDITIONS OF APPROVAL
CASE NO. CUP 92-3 Amendment #2
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. 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:
Building and Safety
CVWD
Fire Marshal
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. The new restaurant use shall be limited to 640 square feet, with on -sale beer and
wine license.
6. Conditions set forth Resolutions 1605 for Conditional Use Permit 92-3 Amendment
#1, shall continue to be in effect.
7. Applicant shall submit a scaled floor plan indicating the location and number of seats.
8. The restaurant use shall be limited to a maximum of 42 seats, as prescribed by the
Uniform Building Code maximum occupancy.
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