HomeMy WebLinkAboutRes No 2055PLANNING COMMISSION RESOLUTION NO. 2055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT
TO AN EXISTING CONDITIONAL USE PERMIT TO PERMIT A
1308 SQUARE FOOT EXPANSION (880 SQUARE FEET DINING,
428 SQUARE FEET OFFICE) OF THE EXISTING CASTELLI'S
ANDREINOS RESTAURANT AT 73-098 HIGHWAY 1 1 1.
CASE NO. CUP 94-2 AMENDMENT #1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of March, 2001, hold a duly noticed public hearing which was continued to
April 3, 2001, to consider the request of MICHAEL CASTELLI for approval of an amendment
to a Conditional Use Permit to permit the above noted expansion of an existing restaurant
at 73-068 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. 00-24," in that the Director of Community Development has determined that the project
is a Class 1 categorical exemption; 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 use and design of the expansion is consistent with the goals and
objectives of the general commercial zone, the Commercial Core Area Specific
Plan and Palm Desert General Plan.
2. The project will not depreciate values, restrict the lawful use of adjacent
properties or threaten the public health, safety or general welfare.
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 approval of Conditional Use Permit 94-2 Amendment #1 is hereby
granted, subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2055
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 3rd day of April, 2001, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ
NOES: NONE
ABSENT: FINERTY
ABSTAIN: TSCHOPP
ATTEST:
PHILIP DRELL,lSecretary
Palm Desert PI nning Commission
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PLANNING COMMISSION RESOLUTION NO. 2055
CONDITIONS OF APPROVAL
CASE NO. CUP 94-2 AMENDMENT #1
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. Prior to the issuance of a building permit for construction of any uses contemplated
by this approval, the applicant shall first complete all the procedural requirements of
the city which include, but are not limited to, architectural commission and building
permit procedures.
3. 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.
4. 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.
5. 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:
Riverside County Department of Health
Palm Desert Architectural Commission
City 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.
6. That prior to issuance of a building permit the owner (developer) provide the city with
evidence that he has paid the required school mitigation fee.
7. That applicant shall provide evidence annually of the existence of lease agreements
which will provide for not Tess than 40 parking spaces in a location acceptable to the
Director. This requirement may be lowered by the City in connection with the
development of public parking as described in the Commercial Core Specific Plan.
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PLANNING COMMISSION RESOLUTION NO. 2055
8. That the applicant shall pay the required Transportation Uniform Mitigation Fee
(TUMF) in an amount to be determined pursuant to Ordinance No. 573.
9. That all conditions of the original case CUP 89-14 and VAR 89-7 and case CUP 94-2
shall continue in effect.
10. The restaurant shall not be permitted to open for business before 5:00 p.m. daily.
11. Prior to Certificate of Occupancy, applicant shall make an irrevocable offer of
dedication acceptable to the City Attorney of an easement for public parking
purposes for Lot 27 of Palma Village Unit No. 7, APN 627-071-014.
12. That the restaurant operator shall require that all of his employees park only on
parking sites leased by or owned by the applicant.
13. That the restaurant operator shall direct and enforce a requirement that glass
products shall not be deposited into exterior trash containers between the hours of
8:00 p.m. and 8:00 a.m.
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