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HomeMy WebLinkAboutPC Resolution _4839- Case 5.0949 CUPRESOLUTION NO.4839 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0949, A CONDITIONAL USE PERMIT TO ALLOW THE USE OF THE RETAIL SALES OF ALCOHOLIC BEVERAGES IN AN INDUSTRIAL ZONE AT 820 RESEARCH DRIVE, UNITS #11 AND #12, ZONE M- 1-P, SECTION 13. WHEREAS, Scott Cullens of Jacques -Wrigley Management Group LLC (the "Applicant" and "Owner") filed an application with the City pursuant to section 94.02.02 of the Zoning Ordinance for a Conditional Use Permit to allow the use of retail sales of alcoholic beverages (beer and wine) in conjunction with a warehouse/distribution center in a multi -tenant building in a Planned Research and Development Park Zone, M-1-P, and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm springs to consider an application for Conditional Use Permit 5.0949 was issued in accordance with applicable law; and WHEREAS, on April 9, 2003, a public hearing on the application for Conditional Use Permit 5.0949 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: Pursuant to CEAQ, the Planning Commission finds that this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, uses listed in the M-1 zone, Section 92.17.00 and not listed in this zone, unless otherwise prohibited, are conditionally permitted within the M-1-P zone. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use complies with the intent of the Planned Research and Development Park Zone that is to provide for and encourage planned industrial districts compatible with surrounding or abutting residential zones and which would not in any way depreciate the character of the resort community including warehousing that can be carried on in an unobtrusive manner. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted futures uses of land in the neighborhood. The project is proposed in a unit located within an existing business center with sufficient parking to accommodate the proposed use. The site forthe proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The property is located within close proximity of a secondary thoroughfare. The number of vehicles will not significantly increase due to the proposed use. Therefore the granting of this Conditional Use Permit with the conditions of approval will not adversely affect traffic. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The existing multi -tenant development conditions and the conditions imposed by this Conditional Use Permit are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0949 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 9th day of April, 2003. AYES: Klatchko, Caffery, Grence, Marantz, Shoenberger, Conrad, Matthews NOES: ABSENT: ABSTENTIONS: ATTE&: Chairman of the Pl6nningKommission CITY OF LM SPRINGS, CALIFORNIA Secretary ofthe Planning Commission