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HomeMy WebLinkAboutCC RES 85-069� RESOLUTION NO. 85-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO PERMIT A 1500 SQUARE FOOT EXPANSION AND DELETION OF A NET 11 PARKING SPACES TO THE FORMER TULLIO'S RESTAURANT. CASE NO. CUP 03-82 Amendment WHEREAS, the City Council of the City of Palm Desert, California, did on the � 13th day of June, 1985, hold a duly noticed public hearing and continued public hearing on July 11, 1985, to review the approval by the Palm Desert Planning Commission to a request by MARTIN AXIS, INC., for above mentioned project, more particularly located � on a parcel described as: APN 627-222-053 WHEREAS, said application has cornplied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of environmental services has determined that the project has been previously assessed; and WHEREAS, at said public hearing the Palm Desert City Council felt that the request would create problems that could not be resolved and therefore instructed staff to prepare a resolution of denial; and WHEREAS, the Palm Desert City Council did reconsider said action and by adding conditions of approval set forth herein the following findings could be adopted: 1. 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 the site is located. 2. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public -. health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The difference between the parking requirements for the applicant's request and what he would be entitled to do under the provisions of the Palm Desert Municipal Code is insignificant and does not pose a danger to the health, safety, and pubiic welfare. 4. The proposed conditional use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 5. The proposed conditional use does comply with the goals, objectives, and policies of the city's adopted general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That approval of Conditiona! Use Permit 03-82 Amendment is hereby approved for reasons as stated above, and subject to the conditions setforth in exhibit A.. �-- PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this llth day of Juiy, 1985, by the following vote, to wit: AYES: BENSON, JACKSON, WILSOIV dc SNYDER NOES: NONE ABSENT: NONE � ABSTAIN: KELLY � ALTER H. SNYDER, ayor ATTEST: � SHEILA . IL IG N, C' C er [:itv �f Pa T�PSPrt_ ralifornia RESOLUTION NO. 85-69 EXHIBIT "A" Case No. CUP 03-82 l. Applicant and his successors shall agree to join a parking assessment district should parking in the area prove inadequate. 2. Should the City of Palm Desert not be able to create an assessment district as setforth in condition 1, the applicant and/or his successors shall agree to limit his hours of operation between 5:00 p.m, to 2:00 a.m.