HomeMy WebLinkAboutRes No 2576 (2)PLANNING COMMISSION RESOLUTION NO. 2576
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVAL OF CONDITIONAL
USE PERMIT 11-386 (AMENDMENT NO. 3 TO CONDITIONAL
USE PERMIT 89-3) ELIMINATING THE RESTRICTION OF
RESTAURANT SPACE BUSINESS HOURS, LOCATED AT 74-225
HIGHWAY 111, APN: 625-112-019.
CASE NO. CUP 11-386
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of November, 2011, hold a duly noticed public hearing to consider the request
by the One El Paseo West, LLC for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on June 20, 1989, July 2, 1991 December 17, 1991, June 1, 1999 and June 15, 1999,
hold a duly noticed public hearing which was approved, and amended as approved; and
WHEREAS, the City Council of the City of Palm Desert, California, did on July
11, 1991, August 22, 1991, December 10, 1991, and July 8, 1999, hold a duly noticed
public hearing which was approved, and amended as approved; 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. 10-26 in that the Director of Community Development has determined that
the project is a Class 3 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 approval of the
said request:
1. That the proposed location of the conditional use is in accordance
with the objectives of the Zoning Ordinance and the purpose of the
district in which it is located.
The proposed location is in a General Commercial zone. The
intent and purpose of this zone is to provide a principal core
area where a series of specialty and general commercial
shopping facilities which are inherent within a resort community
can be found by the residents of the city. The type of activity
conducted at the proposed site is a community resource to the
public, and is a use associated with a shopping district so it is
appropriately located in a General Commercial zone.
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental
PLANNING COMMISSION RESOLUTION NO. 2576
to the public health, safety or welfare, or be materially injurious to
properties or improvements in the vicinity.
Specific conditions were originally placed on the development and
the proposed amendment will not add additional square footage to
the site. This project will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties
in the vicinity. Water, sanitation, public utilities and services are
already constructed throughout the building and surrounding area.
New equipment may need to be connected but will have not more
impact than another restaurant use. No new parking is proposed
or required; parking is adequate for the proposed activity, number
of staff and customers anticipated.
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 proposed use is consistent with the intent of the Zoning
Ordinance; the applicant will operate a service based use that
operates throughout the day during normal business hours and
throughout the night when most adjacent office type businesses
are closed. This use will provide a service to the community in a
location that will not cause disturbances to its adjacent neighbors.
No variances or adjustments are necessary for the project.
4. That the proposed conditional use complies with the goals,
objectives and policies of the City's General Plan.
The general plan land use designation for the site is
"Community Commercial". A primary objective stated in the
Land Use Element of the General Plan under Commercial Goals,
Policies and Programs is Goal 1, which provides for an integrated
and complementary mix of commercial land uses that meet the
day-to-day needs of local residents, fully exploit opportunities to
serve the regional retail commercial market, and provide
hospitality and tourist commercial development opportunities.
Policy 1 of the Commercial Land Use Element in the General Plan
is that sufficient lands shall be designated to provide a full range
of conveniently located convenience, neighborhood, regional and
tourist commercial services to the residents and visitors of the
community and surrounding areas for present and future years.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is
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PLANNING COMMISSION RESOLUTION NO. 2576
consistent with the General Plan in respect to the appropriate use
of a restaurant in the proposed location. The business is
compatible with surrounding land uses, where it will not cause any
disturbances to adjacent businesses.
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.
2. That approval of Conditional Use Permit 11-386 is hereby granted, subject
to conditions attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of November, 2011, by the following vote, to
wit:
AYES: CAMPBELL, DE LUNA, TANNER, DASH, LIMONT
NOES:
ABSENT:
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2576
CONDITIONS OF APPROVAL
AMENDMENT NO. 3 / CASE NO. CUP 11-386
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.
Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
3. Permits must be obtained and approved by Code Compliance for valet parking
prior set-up of such a parking arrangement.
Condition No. 4 in Resolution 1926 is hereby eliminated. No restrictions are
placed on the hours of operation for restaurant use located at 74-225 Highway
111.
5. All other previous approvals and amended conditions associated with CUP 89-3
remain in effect.
6. Should a parking problem, as determined by the Director of Community
Development, arise the applicant must provide a permitted valet parking program
during the lunch hour to mitigate any parking congestion.
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