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HomeMy WebLinkAboutRes No 1926PLANNING COMMISSION RESOLUTION NO. 1926 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A 17,000 SQUARE FOOT MEDICAL/DENTAL OFFICE LOCATED AT 74-235 HIGHWAY 111. CASE NO. CUP 99-5/CUP 89-3 AMENDMENT NO. 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of June, 1999, hold a duly noticed public hearing to consider the request by ONE EL PASEO LLC 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. 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 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. 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. 3. That the proposed conditional use and the conditions under which it will operate will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's 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. 1926 2. That approval of Conditional Use Permit 99-5 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 1st day of June, 1999, by the following vote, to wit: AYES: CAMPBELL, LOPEZ, JONATHAN NOES: FINERTY ABSENT: BEATY ABSTAIN: NONE ATTEST: PHILIP DRELL, secretary Palm Desert PI . nning Commission 2 SABBY JOAN, Chairperson PLANNING COMMISSION RESOLUTION NO. 1926 CONDITIONS OF APPROVAL CASE NO. CUP 99-5/CUP 89-3 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. That the restaurant known as L.G.'s Steakhouse or its successors, 74-225 Highway 1 1 1, shall not open for business before 5:00 p.m., , *except to allow L.G. 's Steakhouse to be open for brunch on weekends and federally recognized holidays when offices on the site are closed. 5. That the hours of operation for the medical/dental office building (the building at 74- 235 Highway 111) shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday. The property owner shall impose said condition on all leases in said building. 6. * *That the applicant shall install a six-foot masonry wall along the southwest, south and east property lines except where the property is adjacent to an existing driveway to the southwest. If the overflow parking problem becomes significant in the future, the applicant or adjacent property owner may request an amendment to this condition to install a wall or gate system across the driveway to separate the properties. 7. Applicant shall submit a parking management plan to delineate employee parking areas, valet areas and hours, and other parking related issues to the satisfaction of the Director of Community Development. *Amended by Planning Commission June 15, 1999. **Amended by City Council Resolution No. 99-75 on July 8, 1999. 3