HomeMy WebLinkAboutPC Resolution _4846- Case 5.0955 CUPRESOLUTION NO.484B
OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.0955, A
CONDITIONAL USE PERMIT TO ALLOW
THE USE OF A DRIVE -THROUGH
RESTAURANT IN A GENERAL
COMMERCIAL ZONE, ZONE C-2, SECTION
23.
WHEREAS, KFC Corporation (the "Applicant") 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 a drive -through restaurant in a General Commercial Zone, C-2, 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 5.0955 was issued in
accordance with applicable law; and
WHEREAS, on May 28, 2003, a public hearing on the application for Conditional Use
Permit 5.0955 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 that this project is
categorically exempt from the California Environmental Quality Act pursuant
to Section 15302.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission
finds that:
a. 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 C-1 zone, Section 92.14.01
and not listed in the C-2 zone unless otherwise prohibited, are conditionally
permitted within the C-2 zone.
b. 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 Sunny Dunes District is specifically discussed in the City of Palm Springs
General Plan. The Plan states,
These areas [Sunny Dunes District, et al], once on the edge of town, developed with
a mixture of auto -service and heavy commercial uses. These areas suffer from
deterioration of sub -standard structures; however, occupancy by service uses is
high and these uses provide local employment opportunities.
General Plan goal 3,28.6 states, "Encourage the renovation or replacement of
deficient structures through the full use of code enforcement and redevelopment
powers."
Therefore, the redevelopment of the parcel to include the demolition of three
buildings and the construction of one new restaurant located at the corner of South
Palm Canyon Drive and Sunny Dunes Road conforms to the objectives and goals
of the General Plan.
C. 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 on a site that conforms in adequate size and shape to
accommodate the said use.
d. The site for the 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 adjacent to a major thoroughfare. The new structure
replaces an existing structure of identical use. Conditions of approval have been
imposed that would improve the adjacent streets in order carry the type and quantity
of traffic to be generated by the drive -through facility safely.
e, 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 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 5.0955 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 28th day of May, 2003.
AYES: Klatchko, Caffery, Grence, Conrad, Matthews, Marantz,
Shoenberger
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
t" a, At'�
Ch rman of the Planni& Commission Secretary of the Planning Commission