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HomeMy WebLinkAboutCC RES 95-029�3--00'� RESOLUTION NO. 95-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING A DECISION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A 6,000 SQUARE FOOT RESTAURANT WITH 1350 SQUARE FOOT OUTDOOR DINING PATIO AND FULL LIQUOR LICENSE WITHIN AN EXISTING COMMERCIAL BUILDING AND DEVELOPMENT OF A PARKING LOT LOCATED AT THE NORTHEAST CORNER OF EL PASEO AND HIGHWAY 74. CASE N0. CUP 95-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of April, 1995, hold a duly noticed public hearing to consider an appeal by Stanley B. Rose Company and Restaurants Unlimited, Inc., of an approval of a conditional use permit and negative declaration as described above; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implernentation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project as conditioned will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; 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 city council did find the following facts and reasons to exist to justify the affirming approval of said conditional use permit: 1. The proposed restaurant use as conditioned meets all policies, requirements and standarc3s of the Palm Desert Zoning Ordinance, Commercial Core Specific Plan and General Plan. 2. The new parking lot and valet parking program required by this approval will meet the parking demands generated by the restaurant. 3. The proposed use will result in beneficial impacts for other retail commercial tenants in the vicinity. 4. The proposed use will not adversely effect adjacent uses or depreciate property values in the vicinity nor will it be injurious to the general public health or welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: RESOLUTION NO. 95-29 1. That the above recitations are true and correct and constitute the findings of the council in this case. 2. That approval of Conditional Use Permit 95-2 and Negative Declaration of Environmental Impact attached hereto as Exhibit "A", are hereby granted subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 25th day of May, 1995, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTE � . � ' �"� ��/ / �i SHEILA . GILLI City of Palm De BENSON, KELLY, SNYDER, SPIEGEL, CRITES NONE NONE NONE C �/_� -/- -- ------- --- BUFORD Py�'CRITES, Mayor � �City Clerk , California 2 RESOLUTION NO. 95-29 CONDITZONS OF APPROVAL CASE NO. CUP 95-2 Department of Community Development: 1. The development of property shall conform substantially with exhibits on file with the department of community development, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the city which include, but are not limited to, architectural commission and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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. 5. 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: Riverside County Department of Health Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Palm Desert Property Owners Association 6. Prior to issuance of a certificate of occupancy for the restaurant, applicant shall demonstrate the availability of at least 71 additional parking spaces for E1 Paseo north customers. Their space can include new spaces developed in the north parking lot and up to 50 spaces within the E1 Paseo Collection (south) parking lot served by a curb side El Paseo valet program. Valet program must be approved by city technical traffic committee. Valet program shall include a long term agreement guaranteeing availability of the south parking spaces for the life of the restaurant use. 7. Restaurant employees shall park in designated remote areas and a plan for evening employees to have valet assistance as approved by the director of community development. 3 RESOLUTION NO. 95-29 8. Landscaping and design of the parking lot shall be reviewed by the planning commission. City Council Conditions: 1. Valet parking shall be served from the rear of the restaurant (north side of building) only. 2. Applicant shall explore with other businesses the establishment of a central valet service. 3. Applicant will reasonably attempt to keep customer parking in center parking area north of overall development. Overflow parking by valet shall use Ocotillo for access to parking area south of E1 Paseo. 4. Applicant shall install landscaping and public art in area immediately north of restaurant location abutting Highway 74. 4 RESOLUTION NO. 95-29 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: CUP 95-2 APPLICANT/PROJECT SPONSOR: Churchill Management 73-061 E1 Paseo, Suite 205 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: A 6,000 square foot restaurant with 1350 square foot outdoor dining patio and full liquor license within an existing commercial building, and development of a parking lot located at the northeast corner of El Paseo and Highway 74. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. • . � Ma 25 1995 RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT 5