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HomeMy WebLinkAboutRes No 2321PLANNING COMMISSION RESOLUTION NO. 2321 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A PATIO WITH 30 SEATS AT 73-075 HIGHWAY 111, APN 627-192-041 CASE NO. CUP 04-21 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of February, 2005, hold a duly noticed public hearing to consider the request of Vicorp Restaurants/Bakers Square for approval of the above noted conditional use permit; 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. 04-106," in that the Director of Community Development has determined that the project is a Class 32 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 granting approval of said conditional use permit: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT: 1. The proposed patio addition use is a permitted conditional use in the commercial zone district. 2. That the 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 will comply with each of the applicable provisions of the Zoning Ordinance. 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 Planning Commission in this case. PLANNING COMMISSION RESOLUTION NO. 2321 2. That approval of Conditional Use Permit 04-21 is hereby granted, 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 February, 2005, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE � I / SA B ONA AN, Chairperson ATTEST: PHILIP DRELL, ecretary Palm Desert Pla ning Commission PLANNING COMMISSION RESOLUTION NO. 2321 CONDITIONS OF APPROVAL CASE NO. CUP 04-21 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: Palm Desert Architectural Commission City Fire Marshal Public Works 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. Applicant shall apply for a business license with the City's Finance Department for the subject business. A valid business license shall be maintained at all times during the operation of the subject business. 6. Applicant shall restripe parking lot and add directional signage as approved by the Director of Community Development. //