HomeMy WebLinkAboutCC RES 01-112RESOLUTION NO. 01-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING
THE ACTION OF THE PLANNING COMMISSION APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 1,262 SQUARE FOOT
EXPANSION THROUGH THE ENCLOSURE OF THE BREEZEWAY,
APPROVAL TO PERMIT CONVERSION OF A 1,491 SQUARE
FOOT RETAIL SPACE TO A STARBUCKS COFFEE SHOP AND A
PARKING ADJUSTMENT TO FACILITATE THE TWO REQUESTS.
THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF
EL PASEO AND SAN PABLO, 73-520 EL PASEO.
CASE NO. CUP 01-15
WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th
day of October, 2001, hold a duly noticed public hearing to consider an appeal to a decision
of the Planning Commission approving a request by John Wessman dba Wessman
Development Company on behalf of Robert Wolff for a conditional use permit for the
addition of 1,262 square feet through enclosure of the existing breezeway, approval to
permit a 1,491 square foot Starbucks coffee shop on the corner and a parking adjustment
to facilitate the above two requests; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, by its
Resolution No. 2094 has approved the requested conditional use permit and parking
adjustment; 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. 00-24," in that the Director of Community Development has determined that the project
is a Class 3 categorical exemption for purposes of CEQA; 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 denial of the approval and affirmation of
the Planning Commission approval of said conditional use permit:
1. The proposed building expansion and conversion of retail space to a coffee
shop with outdoor seating is within the general parameters of the original
approval and will not adversely impact parking availability for adjacent
businesses.
2. The promotion and encouragement of successful restaurants on El Paseo is
consistent with the goals of the Commercial Core Area Specific Plan and
General Plan.
RESOLUTION NO. 01-112
3. The project is supported by the El Paseo Business Association and the Property
Manager at the Gardens.
4. There are available parking spaces in the Gardens parking structure across El
Paseo from this center. The available parking spaces are a portion of the 200
extra parking spaces which the City paid to create at the Gardens.
5. 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.
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 City Council in this case.
2. That the appeal by Roemer, Harnik and Nethery LLP on behalf of Eltinge &
Graziadio Development Co. is hereby denied.
3. That the action of the Planning Commission approving CUP 01-15 is hereby
affirmed.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 25th day of October, 2001, by the following vote, to wit:
AYES: BENSON, KELLY, SPIEGEL, FERGUSON
NOES: CRITES
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
S ILA R. G LLIGAN, City Clerk
' ' City of Palm Desert, California
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RESOLUTION NO. 01-112
CONDITIONS OF APPROVAL
CASE NO. CUP 01-15
Department of Community Development:
1. Applicant shall comply with all state, county, and city regulations concerning
restaurant use.
2. The applicant shall obtain all necessary Architectural Review Commission and
Department of Building and Safety permits required by any physical modification of
the site.
3. That the applicant shall include terms in the leases of the two business locations
subject to this application requiring employees to park in the Gardens parking
structure. Additionally, the applicant shall provide the City with a parking
management plan for review and approval by the Director of Community
Development to assure ongoing effective parking enforcement. The plan shall require
that at least 25 employees from the subject complex park on a regular basis in the
designated employee spaces within the Gardens on El Paseo parking structure. Failure
to effectively implement and achieve the goals of the management plan shall result
in the review, modification or revocation of this conditional use permit pursuant to
Section 25.72.130 of the Zoning Ordinance.
4. That in the future should the use of the Starbucks coffee shop be changed to any
other type of restaurant use it shall first obtain approval of an amendment to his CUP
which shall specifically address the adequacy of on -site parking. This condition shall
not be construed as to limit the City's ability to review this CUP for any other
legitimate purpose.
Department of Public Works:
1. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and
79-55, shall be paid prior to issuance of a grading permit.
2. The project shall be subject to Transportation Uniform Mitigation Fees (TUMF).
Payment of said fees shall be at time of building permit issuance.
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