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HomeMy WebLinkAboutRes No 2401PLANNING COMMISSION RESOLUTION NO. 2401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN INTERNET CAFE AND PERSONAL COMPUTER REPAIR BUSINESS WITH FORTY COMPUTERS WITHIN AN EXISTING COMMERCIAL SUITE LOCATED AT 72-695 HIGHWAY 111, SUITE A2. CASE NO. CUP 06-07 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 20th day of June, 2006, hold a duly noticed public hearing to consider the request by DAVID O. FERNANDEZ for 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 Califomia Environmental Quality Act", Resolution No. 06-78, in that the Director of Community Development has determined that the 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 the granting of said conditional use permit: 1 That proposed business is permitted with approval of conditional use permit by the Planning Commission. 2. That 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 conditional use permit as conditioned will comply with the zoning requirements for that district. 4. 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, 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 06-07 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2401 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this day June 20, 2006, by the following vote, to wit: AYES: CAMPBELL, TANNER, TSCHOPP, LOPEZ NOES: NONE ABSENT: FINERTY ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission JA LOPE "rperson 2 PLANNING COMMISSION RESOLUTION NO. 2401 CONDITIONS OF APPROVAL CASE NO. CUP 06-07 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. 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. 3. The days and hours of operation for the business shall be as follows: Monday thru Thursday: 9:00 a.m. to 11:00 p.m. Friday & Saturday: 9:00 a.m. to 12:00 a.m. Sunday: 12:00 p.m. to 9:00 p.m. 4. The applicant is limited to 40 computer terminals at this location. Any additional computer stalls will require an amendment to this Conditional Use Permit. Fire Department: 1. Prior to opening, the applicant shall contact the Fire Marshall's office to schedule an appointment for a fire Life Safety inspection. The applicant and the contractor must be present at the time of inspection. The applicant shall also submit a tenant improvement plan for review and approval to the Fire Department prior to opening. 2. It is prohibited to use/process or store any materials in this occupancy that would classify it as "h" occupancy per Sec. 307 of the CBC. 3. All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the Fire Marshal's Office for submittal requirements. 4. Applicant/Developer shall be responsible for installing a fire alarm system. Plans must be submitted to the Fire Marshall's Office prior to installation. 5. Shelving, counters, etc. must be in place; however, no merchandise may be placed in the building prior to inspection. 6. A minimum 2A1OBC Fire Extinguisher (State Fire Marshal Approved) must be mounted in a visible location within 75' walking distance from any point in your building or suite. Fire extinguishers can be installed by a licensed company with a State Fire Marshall service tag attached to the extinguisher, or purchased separately from a retail store with a sales receipt attached. A licensed company must service 3 PLANNING COMMISSION RESOLUTION NO. 2401 extinguishers yearly. All electrical breakers must be labeled, having a clearance of not less than 36 inches and must be maintained around the panel at all times. 7. A durable sign stating "This Door to Remain Unlocked Whenever the Building is Occupied" shall be placed on or adjacent to the front exit doors. The sign shall be in letters not less than one inch high on a contrasting background. All questions regarding the meaning of these conditions should be referred to the Palm Desert Fire Marshal's Office at (760) 346-1870, located at 73-710 Fred Waring Drive, Suite 102, Palm Desert, CA 92260. Palm Desert Police Department: 1. The three video camera system proposed for the business shall be a digital system of such quality that persons may be identified through direct viewing or later review of the recording system. Also, the video system shall be capable of viewing people entering and leaving the business. 2. The lights in front and rear of the business shall provide light of sufficient wattage so as to provide illumination to make clearly visible the presence of any person on or around the property during the hours of darkness. 3. An alarm service is required for the business. This alarm shall have a "robbery in progress" feature. An emergency contact record shall be on file with the alarm company and the Riverside County Sheriffs Department identifying persons who are available to respond in the event of an emergency. // 4