HomeMy WebLinkAbout18632 - RESOLUTIONS - 6/21/1995 RESOLUTION NO. 18632
' OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, OVERRULING TIIE PLANNING
COMMISSION DECISION TO DENY CONDITIONAI, USE
PERMIT 5 . 0693 FOR THE ADDITION OF A DRIVE-
THROUGH FACILITY AND 546 SQUARE FEET OF
BUILDING ADDITIONS TO AN EXISTING BURGER KING
FAST FOOD RESTAURANT, LOCATED AT 432 SOUTH
INDIAN CANYON DRIVE, C-2 ZONE, SECTION 14
WHEREAS, John Finley has submitted an application for a conditional
use permit for the purposes of adding a drive-through facility to
an existing Burger King fast food restaurant; and
WHEREAS, the conditional use permit application also includes
proposed building additions totaling 546 square feet; and
WHEREAS, on May 24, 1995, the Planning Commission denied the
request for a conditional use permit for the drive-through
facility; and
WHEREAS, the applicant submitted a letter of appeal of the Planning
Commission decision to the City Clerk;
' WHEREAS, notice of a public hearing of the City Council of the City
of Palm Springs to consider the appeal of the Planning Commission
decision to deny the subject conditional use permit was given in
accordance with applicable law; and
WHEREAS, on June 21, 1995, a public hearing on the subject appeal
for Conditional Use Permit_ 5 . 0693 was held by the City Council in
accordance with applicable law; and
WHEREAS the City Council 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 .
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS :
Section 1 : Pursuant to CEQA, the City Council finds as
follows :
a. The project is categorically exempt from the requirements of
CEQA pursuant to Section 15301, Existing Facilities .
b . Pursuant to Fish and Game Code Section 711 .4, this project has
a de minimis impact on fish and wildlife.
' Section 2 : Pursuant to Section 9402 . 00 of the Zoning Ordinance
the City Council finds that :
a. 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, a drive-through restaurant
is permitted in the C-2 Zone with a conditional use permit .
This proposed drive-through facility is an appropriate use at
R18632
Page 2
I
the subject site, such that a fast food restaurant currently
exists and the site is surrounded by other commercial uses . ,
Additionally, the site is designed such that a drive-through
facility will be screened from mostt vantage points and the
site of the size will allow .for adequate vehicular and
pedestrian circulation.
b. That the said use is necessary or desirable for the
development of the community, is in harmony with the various
elements or objectives of the General Plan, and is not
detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be
located.
'The proposed drive--through facility will enhance the existing
fast food .restaurant, is in harmony with the General Plan and
shall not be detrimental to other uses in the subject zone
since it will be screened from view due to the proposed
location and existing and proposed landscaping.
C . That 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 future
uses of land in the neighborhood.
The proposed drive- through facility design is suitable for the
t- '
subjec site, since it will be screened from adjacent
properties due to the existing building, landscaping and
walls . The drive-through will not negat..ively, impact the
required parking spaces since a surplus of spaces will exist,
nor will the setbacks, other property development standards,
or circulation be negatively impacted.
d. That 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 subject site entails an existing fast food restaurant and
the addition of a drive-through facility will not impact South
Indian Canyon Drive such that the roadway in the general
vicinity of the subject site has been improved to the ultimate
width pursuant to the General Plan.
e . That the conditions to be imposed and shown on the approved
site plan or in Exhibit A (as on file in the office of the
City Clerk) of this resolution are deemed necessary to protect
the public health, safety and general welfare and may include
minor modifications of the zone' s property development
standards .
R18632
Page 3
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
' City Council hereby overrules the Planning Commission decision and
approves Conditional Use Perniit 5 . 0693 subject to those conditions
set forth in the attached Exhibit A as on file in the office of the
City Clerk..
ADOPTED this 21st _day of June 1995 .
AYES : Members ]-lodges, Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov
NOES : None
ABSENT: None
ATTEST: CITY F PALM SP S, CALIFORNIA
O
City Clerk City M nager
REVIEWED AND APPROVED
� r
`SL2A t�`5
1