HomeMy WebLinkAboutRes No 2216tor
PLANNING COMMISSION RESOLUTION NO. 2216
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A 900 SQUARE FOOT RETAIL WINE
STORE FOR OFF -PREMISES CONSUMPTION AND
ACCESSORY ON -SITE WINE TASTING IN AN EXISTING
MULTI -TENANT COMMERCIAL RETAIL BUILDING AT 73-
360 HIGHWAY 111 #1.
CASE NO. CUP 03-16
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 5th day of August, 2003, hold a duly noticed public hearing to a consider a request by
DANIEL J. SULLIVAN for the above mentioned; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the Califomia Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has determined
that the proposed project is a Class 1 categorical exemption per Section 15301
(Existing Facilities) of CEQA Guidelines 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 granting approval of
said conditional use permit:
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT:
1. That 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 it
is located.
• The proposed business is permitted in the C-1 zone with approval of
conditional use permit by the Planning Commission.
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.
• The proposed business use is compatible with the surrounding
businesses and will not be detrimental to the general public health, safety
and welfare or materially injurious to the properties in the vicinity.
PLANNING COMMISSION RESOLUTION NO. 2216
3. That the proposed conditional use will comply with each of the applicable
provisions of the zoning ordinance, except for approved variances or
adjustments.
• The conditional use permit as conditioned will comply with the zoning
requirements for that district.
4. That the proposed conditional use complies with the goals, objectives and
policies of the City's General Plan.
• The proposed business use is compatible with other surrounding uses
and meets all of the City's goals, objectives and policies of the General
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, Califomia, 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 the Conditional Use Permit 03-16 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 5th day of August 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
-SONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2216
CONDITIONS OF APPROVAL
CASE NO. CUP 03-16
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:
City Fire Marshal
Riverside County Health 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. All future occupants of the building shall comply with parking requirements in
Section 25.58 of the zoning ordinance.
6. The applicant shall place a sign on the front of the business informing customers
that additional customer parking is available in rear parking lot. The size, color,
materials, and location of sign shall be subject to approval by the Director of
Community Development prior to installation.
3