HomeMy WebLinkAboutRes No 2585PLANNING COMMISSION RESOLUTION NO. 2585
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, REVOKING AMENDMENT NO. 1 OF
CONDITIONAL USE PERMIT 96-20 ALLOWING THE APPLICANT TO
OPERATE AS A EUROPEAN STYLE WINE BAR AS WAS ORIGINALLY
APPROVED IN 1996, RATHER THAN A RESTAURANT/BAR, IN A
GENERAL COMMERCIAL ZONE LOCATED AT 73-900 EL PASEO #2.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of March, 2012, hold a duly noticed public hearing to consider the request by the City
of Palm Desert for approval of the above noted; 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 will
not have a negative impact on the environment and that the application is a Class 3
Categorical Exemption for purposes of CEQA, and therefore 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 exist to justify the approval of said request:
Findings for Revocation of Amendment No. 1 to CUP 96-20:
1. That on January 14, 2012 (11:00 p.m.), February 15, 2012 (11:25 p.m.), and
February 23, 2012 (10:20 p.m. and 11:50 p.m.), that the restaurant/bar has
failed to comply with condition of approval No.5 imposed by Conditional Use
Permit 96-20 Amendment No.1, that the business owner must provide a
certified licensed security guard who has no other affiliation with the
restaurant/bar from 10:00 pm to 12:00 am.
2. That on January 15, 2012 (12:30 a.m.), February 10, 2012 (12:15 a.m.),
February 17, 2012 (12:10 a.m.), and February 24, 2012 (12:15 a.m.), that the
restaurant/bar has failed to comply with condition of approval No.4 imposed
by Conditional Use Permit 96-20 Amendment No. 1, that hours of operation
are from 11:00 am to 12:00 am, seven days a week.
3. That the restaurant/bar has failed to comply with condition of approval No.8,
that the applicant must submit a seating plan, including furnishings to
determine the maximum building occupancy for the restaurant to be
determined by the Building Official and Fire Marshal.
4. The existing business with a full bar, has in the past generated complaints
leading to a large number of calls for police service, vandalism to surrounding
properties, and public health concerns for urination in parking lots and public
rights -of -way. By virtue of reducing the number of patrons and the amount of
liquor consumed, the European style wine bar as proposed is likely to reduce
the number of calls for service, incidents of vandalism, and public urination.
PLANNING COMMISSION RESOLUTION NO. 2585
The nature of the business would change significantly by allowing a maximum
of 30 people, and only selling beer and wine.
5. The revocation of Amendment No. 1 of Conditional Use Permit 96-20, will
allow the applicant to provide a service to the neighborhood in a location that
will not cause disturbances to its adjacent business owners, since the use is
going from a restaurant/bar to a European style wine bar, with a maximum of
30 people.
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 the Planning Commission does hereby grant revocation of Amendment
No. 1 of Conditional Use Permit 96-20, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 20th day of March 2012, by the following vote, to wit:
AYES: DASH, DE LUNA, TANNER
NOES: NONE
ABSENT: CAMPBELL, LIMONT
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
-"SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2585
CONDITIONS OF APPROVAL
CASE NO. CUP 96-20
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. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
4. Hours of operation are from 11:00 am to 12:00 am. Monday through Sunday.
5. The business owner is responsible to clean public areas including street, sidewalks,
landscape areas, parking areas, and El Paseo median of trash, broken bottles,
bodily fluids, and other debris within thirty minutes of the close of business to a
distance of 100 feet from the business entrance.
6. No more than 12 seats are allowed on the outdoor patio.
7. The European style wine bar shall have a maximum building occupancy of 30 people
inside and outside on the patio of the restaurant.
8. The business owner must submit an Entertainment Site Plan for review by the
Community Development/Planning Department for any indoor music or any other
form of entertainment.
9. The restaurant shall have a maximum of 5 employees.
10. The restaurant must be current and approved by the Department of Alcohol
Beverage Control (ABC) to serve beer and wine at all times.
11. The restaurant shall only serve beer, wine, and any non-alcoholic drinks.
12. No outside entertainment is allowed.
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