HomeMy WebLinkAbout11/28/2001 - STAFF REPORTS (6) RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, OVERRULING, THE PLANNING
COMMISSION DENIAL AND APPROVING CASE 5.0858, A
CONDITIONAL USE PERMIT, AND ARCHITECTURAL
APPROVAL FOR A RESTAURANT WITH A DRIVE-
THROUGH, LOCATED AT THE NORTHEAST CORNER OF
S. PALM CANYON DRIVE AND SUNNY DUNES ROAD, C-2
AND C-M ZONES, SECTION 23.
WHEREAS, Lyons Warren & Associates (the "Applicants") filed an application with the City
pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit and
architectural approval to allow a freestanding drive-thru restaurant for the property located at
the northeast corner of South Palm Canyon Drive and Sunny Dunes Road, C-2 and C-M
Zones, Section 23; and
WHEREAS, community meetings were conducted to provide for early public participation and
input; 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 5.0858 was issued in accordance with
applicable law; and
WHEREAS, on September 12, 2001, a public hearing on the application for Conditional Use
Permit 5.0858 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission 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; and
WHEREAS,on September 12, 2001,the Planning Commission voted,3-2,to deny the project
without prejudice; and
WHEREAS, on September 21, 2001, the applicant filed with the City Clerk, an appeal to the
City Council requesting that the City Council consider the appeal and overrule the decision of
the Planning Commission and approve the conditional use permit; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
an appeal of the Planning Commission denial of the application for Conditional Use Permit
5.0858 was issued in accordance with applicable law; and
WHEREAS, on November 7,2001, a public hearing on the appeal of the Planning Commission
denial of Conditional Use Permit 5.0858 was held by the City Council in accordance with
applicable law; and
WHEREAS, the City Council 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; and
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THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to Section 15303 of the California Public Resources Code, the
California Environmental Quality Act Guidelines, New Construction of Small
Structures (Class 3), the City Council finds that this project is categorically
exempt from further environmental review.
Section 2: Pursuant to Zoning Ordinance Section 9402.00, the City Council 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, a drive-thru restaurant is a use that is conditionally
permitted in the C-2 and C-M zones. The Conditional Use Permit process is intended
for those types of uses which require special consideration in a particular zone due
to the size of the area needed for full development of such use; the unusual traffic,
noise, vibration, smoke or other problems incidental to its operation; special location
requirements not related to zoning, or to the effect that such uses may have on
property values, health, safety and welfare in the neighborhood or in the community
as a whole.
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 proposed project is desirable in that it will enhance the area in which the project is
proposed. The project is consistent with the objectives of the General Plan Resort-
Commercial(R-C)designation,as the project is oriented towards the provision of visitor-
oriented services.The proposed uses and improvements are necessary and desirable
forthe development of the community and will enhance the existing pedestrian-oriented
village atmosphere of the area. The proposed project will provide additional or new
services for travelers to and residents within the City that are not presently available
within the immediate vicinity of the site.
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 future uses of land in the
neighborhood.
The site is adequate in size and shape to accommodate the proposed drive-through
restaurant facility. The proposed development and uses will not conflict with existing or
future uses either adjacent to the property or in the vicinity.
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.
Adjacent to the project site South Palm Canyon Drive is designated as a Major
Thoroughfare. Adjacent to the project site Sunny Dunes Road is designated as
Secondary Thoroughfare The intersection is signalized.
A Traffic Study for the Jack in the Box Development, dated July 16,2001 was prepared
by Katz, Okitsu and Associates. The study evaluated traffic which would occur as a
result of the proposed project. The study found that local roadways would continue to
operate at acceptable levels of service with the proposed project; the southbound left
turn pocket at the Palm Canyon Drive/Sunny Dunes Road intersection is sufficient to
accommodate increased demand resulting from the project; the proposed parking
supply meets City code requirements; and that prohibiting vehicles from area
businesses from parking on site will ensure that on-site parking is adequate to met
demand. Therefore, a traffic report has been prepared which indicates that both
corridors are adequate to accommodate vehicular trips generated by the project.
Section 3:
Based upon the evidence presented at the meeting of November 7, 2001, the City
Council finds that the site for intended use is not in conflict with the adjacent residential
neighborhood of Vista Santa Rosa.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby overrules the decision of Planning Commission; approves Conditional Use Permit
5.0858 with conditions;the related architectural application; and refers the final landscape plan
and sign program back to the Planning Commission for its review and approval.
ADOPTED this 7" day of November, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM jnRL
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EXHIBIT A
CASE 5.0858-CUP
LYONS, WARREN & ASSOCIATES
CONDITIONS OF APPROVAL
December 5, 2001
Before final acceptance of the project, all conditions listed below shall be completed
to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a
form approved by the City Attorney,
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of Palm
Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.0858. The City of Palm Springs will promptly notify the
applicant of any such claim, action, or proceeding against the City of Palm
Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the
matter by the City Attorney. If the City of Palm Springs fails to promptly notify
the applicant of any such claim, action or proceeding or fails to cooperate fully
in the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgement or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
2. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is
required. This project has a de minimus impact on fish and wildlife, and a
Certificate of Fee Exemption shall be completed by the City and two copies
filed with the County Clerk. This application shall not be final until such fee is
paid and the Certificate of Fee Exemption is filed. The fee shall be in the form
of a money order or cashier's check payable to Riverside County.
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3. The appeal period fora Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal
period has concluded.
4. Conditional Use Permit approval shall be valid for a period of two (2) years.
Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
5. Final details of all property line and screening walls, including location, colors
and materials, shall be submitted for review and approval by the Director of
Planning and Building prior to the issuance of a building permit. Additionally,
walls shall be designed, installed and maintained in compliance with the corner
cutback requirements as required in Section 93.02.00.D.
6. Final landscaping, irrigation, and fencing plans shall be submitted and
approved by the Planning Commission prior to issuance of a building permit.
A. Revisions to the landscape plan shall include additional trees and
shrubs for incorporation into the existing landscaping along South Palm
Canyon Drive and Sunny Dunes Road and in the parking lot to provide
additional shade. The landscape plan shall also be revised to
adequately screen the drive through area and related "preview and
order" menus.
B. The landscape plan shall be approved by the Riverside County
Agricultural Commissioners Office.
C. Additional parking lot shade tress shall be required to achieve parking
lot shading requirements of fifty percent (50%),pursuant to Section
9306.00 of the Zoning Ordinance.
D. All landscaping shall be allowed to grow and mature in a natural form
and shape and shall not be trimmed excessively.
E. All proposed trees within the public right-of-way and within 10 feet of
the public sidewalk and/or curb shall have City approved deep root
barriers installed per City of Palm Springs Engineering specifications.
7. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of
an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the
total building permit valuation as calculated pursuant to the valuation table in
the Uniform Building Code, the fee being 0.5% for commercial projects total
building permit valuation. Should the public art be located on the project site,
said location shall be reviewed and approved by the Director of Planning and
Building and the Public Arts Commission, and the property owner shall enter
into a recorded agreement to maintain the art work and protect the public
rights of access and viewing.
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8. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Building for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of
the Municipal Code for specific requirements.
9. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter
8.50 of the Municipal Code for specific requirements.
10. The grading plan shall show the disposition of all cut and fill materials. Limits
of site disturbance shall be shown and all disturbed areas shall be fully
restored or landscaped.
11. A sign program shall be submitted and approved by the Planning Commission
priorto the issuance of building permits. Separate permits shall be required for
all signs.
12. No sirens, outdoor paging systems or any other type of signalization will be
permitted, except for approved alarm systems.
13. Not used.
14. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipmentto be located on the roof of the building,the equipment heights,and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
15. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and
commercial areas.
16. The parking lot shall be signed to prohibit area businesses from utilizing the
parking area.
17. A revised wall and screening plan shall be submitted and approved by the
Planning Commission, priorto issuance of a building permit.The drivethrough
screen wall along Sunny Dunes shall be upgraded with the setback varied,the
addition of cap and pilasters,the wall height increased adjacent to service side
of building and the service area completely closed off and separate from patio
area. Perimeter walls shall be designed, installed and maintained in
compliance with the corner cutback requirements as required in Section
9302.00.D.
18. The street address numbering/lettering shall not exceed eight inches in height.
19. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning &Building prior to the issuance of building
permits. A photometric study and manufacturer's cut sheets of all exterior
lighting on the building, in the landscaping, and in the parking lot shall be
submitted for approval prior to issuance of a building permit. If lights are
proposed to be mounted on buildings, down-lights shall be utilized. Parking lot
light fixtures shall not exceed eighteen (18) feet in height from grade to top of
fixture.
20. Not used.
21. Parking lot light fixtures shall align with stall striping and shall be located two
to three feet from curb face.
22. No outside storage of any kind shall be permitted except as approved as a part
of the proposed plan.
23. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
24. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s)of the project. Said transformer(s)must
be adequately and decoratively screened.
25. Loading space facilities shall be provided in accordance with Section 9307.00
of the Zoning Ordinance. Said facilities shall be indicated on the site plan and
approved prior to issuance of building permits.
26. The applicant shall revise the sign program, per the direction of the City
Council and eliminate signs A-2, C-1 and C-4 and redesign signs C-2 and C-3
to a stacked sign to reduce the width of the proposed 4'-0" tall sign from 3'-2"
to 1'-7."The final sign program shall be submitted to the Planning Commission
for review and approval.
27. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "Ll"design. Individual wheel stops shall be prohibited; a continuous
6" barrier curb shall provide wheel stops.
28. Concrete walks with a minimum width of two(2)feet shall be installed adjacent
to end parking spaces or end spaces shall be increased to eleven (11) feet
wide.
29. Tree wells shall be provided within the parking lot and shall have a planting
area of six feet in diameter/width.
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30. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall
be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the
parking space; two (2) handicap spaces can share a common walkway. One
in every eight(8) handicap accessible spaces, but not less than one (1), shall
be served by an 8 foot walkway on the right side and shall be designated as
.'van accessible".
31. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the building
due to the future grading plans for the property.
32. Compact and handicapped spaces shall be appropriately marked per Section
9306.000 10.
33. Curbs shall be installed at a minimum of five(5)feet from face of walls,fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
34. All patio covers shall be maintained and periodically cleaned.
ENGINEERING DEPARTMENT:
STREETS
35. Any improvements within the street right-of-way requires a City of Palm
Springs Encroachment Permit. Work shall be allowed according to Resolution
17950 - Restricting Street Work on Major and Secondary Thoroughfares,
PALM CANYON DRIVE SOUTH
36. All broken off grade CURB, GUTTER,AC PAVEMENTAND SIDEWALK shall
be repaired or replaced.
SUNNY DUNES ROAD EAST
37. All broken off grade CURB, GUTTER,AC PAVEMENTAND SIDEWALK shall
be repaired or replaced.
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SANITARY SEWER
38. Connect all sanitary facilities to the City sewer system. Lateral shall not be
connected at manhole.
GRADING
39. A copy of a Title Report prepared/updated within the past 3 months and copies
of record documents shall be submitted to the City Engineer with the first
submittal of the Grading Plan,
40. Submit a Grading Plan prepared by a Registered Professional to the
Engineering Department for plan check. Grading plan shall be submitted to
the Planning Department for comments prior to submittal to the Engineering
Department. Grading Plan shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of Planning Department comments regarding the grading plan.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning
Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
41. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide
and 6" deep - to keep nuisance water from entering the public streets,
roadways, or gutters.
42. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the
developer shall post with the City a cash bond of two thousand dollars
($2,000.00) per acre for mitigation measures of erosion/blowsand relating to
his property and development.
43. A soils report prepared by a licensed Soils Engineer shall be required for and
incorporated as an integral part of the grading plan for the proposed site. A
copy of the soils report shall be submitted to the Building Department and to
the Engineering Department along with plans, calculations and other
information subject to approval by the City Engineer prior to the issuance of
the grading permit.
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44. Contact the Building Department to get PM10 requirements prior to request for
grading permit.
45. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving an engineered grading plan and the
export of native soil from the site will be required to present a clearance
document from a Department of Food and Agriculture representative in the
form of an approved "Notification of Intent to Move Soil From or Within
Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA
Form CA-1)or a verbal release from that office priorto the issuance of the City
grading permit. The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
46. The developer shall accept all flows impinging upon his land and conduct
these flows to an approved drainage structure. On-site retention/detention or
other measures approved by the City Engineer shall be required if off-site
facilities are determined to be unable to handle the increased flows generated
by the development of the site. Provide calculations to determine if the
developed Q exceeds the capacity of the approved drainage carriers.
47. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is$9,212.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
ON-SITE
48. The minimum pavementsection forall on-site parking areas shall bet-1/2inch
asphalt concrete pavement over 4-inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction OR equal. The pavement
section shall be designed, using "R" values, determined by a licensed Soils
Engineer and submitted with the Fine Grading Plan to the City Engineer for
approval.
49. The on-site parking lot shall be constructed in accordance with City of Palm
Springs Zoning Ordinance, Section 9306.00.
50. Adjacent auto related business parking shall be prohibited from parking on the
project site.
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GENERAL
51. Any utility cuts in the existing off-site pavement made by this development
shall receive trench replacement pavement to match existing pavement plus
one additional inch. See City of Palm Springs Standard Drawing No. 115.
Pavement shall be restored to a smooth rideable surface.
52. All proposed utility lines on/or adjacent to this project shall be undergrounded
prior to issuance of a Certificate of Occupancy.
53. All existing utilities shall be shown on the grading plans. The existing and
proposed service laterals shall be shown from the main line to the property
line. The approved original grading plans shall be as-built and returned to the
City of Palm Springs Engineering Department prior to issuance of the
certificate of occupancy.
54. Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance perCityof Palm Springs Standard Drawing No.203.
55. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Engineering specifications.
TRAFFIC
56. The developer shall provide a minimum of 48 inches of sidewalk clearance
around all street furniture, fire hydrants, and other above-ground facilities for
handicap accessability. The developer shall provide same through dedication
of additional right-of-way and widening of the sidewalk or shall be responsible
for the relocation of all existing traffic signal/safety light poles, conduit, pull
boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH
and SUNNY DUNES ROAD EAST frontages of the subject property.
57. Construction signing, lighting, and barricading shall be provided for on all
projects as required by City standards or as directed by the City Engineer. As
a minimum, all construction signing, lighting, and barricading shall be in
accordance with State of California, Department of Transportation, "MANUAL
OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE OF
WORK ZONES" dated 1996, or subsequent additions in force at the time of
construction.
58. This property is subjectto the Transportation Uniform Mitigation Fee based on
the STAND-ALONE FAST FOOD RESTAURANT ITE Code A land use.
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POLICE DEPARTMENT:
59. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT:
60. Prior to any construction on-site, all appropriate permits must be secured.
FIRE:
61. Premises Identification:Approved numbers or addresses shall be provided for
all new and existing buildings in such a fashion as to be plainly visible from the
street or road fronting the property.
62. Vertical Fire Apparatus Clearances: Palm Spring Fire Apparatus require an
unobstructed vertical clearance of not less than 14'-6".
63. Construction shall be in accordance with the 1998 California Fire Code, 1998
Building Code, Desert Water Agency requirements, NFPA standards plus
UUCSFM listings and approvals.
64. Fire Department access shall be in accordance with the 1998 California Fire
Code.
65. A portable fire extinguisher and a domestic water hose equipped with an
adjustable spray nozzle shall be provided covering all areas of combustible
construction.
66. A Commercial H-2 type Fire Hydrant is required. Installation shall be in
accordance with Desert Water Agency engineering standards and
requirements.
67. A fire sprinker system with 24 hour monitoring is required in accordance with
NFPA Pamphlet 13.
68. Portable fire extinguishers shall be installed in accordance with the 1998
California Fire Code and UL-300.
69. A ventilating hood & duct system is required in accordance with NFPA 17A
and 96 plus UL-300.
70. A hood & duct fire extinguishing system is required per NFPA 17A, 96, and
U L-300.
71. A fire alarm system is required per NFPA 71, 72, and 760.
72. Flame retardant treatments and standards shall be in accordance with the
1998 California Fire Code and 1998 California Building Code.
73. Floor level exist signs are required. Signs shall be internally or eternally
illuminated or self luminous. The bottom of the sign shall not be less than 6' or
more than 8'above the floor level and shall indicate the path of exit travel.Sign
locations shall be determined by the fire inspector.
74. Floor wall ceiling coverings: Textile floor, wall and or ceiling coverings shall
meet the requirements of the 98 CFC and 98 CBC. Submit critical flux data,
certificates and listing to the Fire Inspector.
75. Business Hour Unlocked Sign: Provide a sign with 1"high letters stating"THIS
DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS."Poston door
directly above doorway.
`1.4 A
PROOF OF PUBLICATION This is space fo, County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA _
County of Riverside -- -"--- -- - - -- ---
--------------------------------------------
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen
ears,and not a party t0 Or interested Ill the No 91 W
Y p• Y CITY OF PALM SPRINGS
shove-entitled matter.I am the principal clerk of a NOTICE OF PUBLIC HEARING
PALM SPRINGS PLANNING COMMISSION
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, 694 son Palm canyon Drive
printed and published in the city of Palm Springs, NQTICE IS HEREBY GIVEN that the Planning
County of Riverside,and which newspaper has been commission of the City of Palm Springs, Col lor-
nia, will held a public hearing at its meeting of
adjudged a newspaper of general circulation by the September 12, 2001, The Planning Commission
Superior Court of the County of Riverside,State of Ingebeginnmg at 2 000 m�m tth tCoun public heri
California under the dale of March 24, 1988.Case hers at sty -laid, a2o�'E. Tangwtz canyon way,
Palm Springs.
Number 191236;that the notice,of which the The purpose of the healing is to consider a re-
annexed is a printed copy(set in type not smaller quest for a Conditional Use Permit for a Drive
wrest
Facility J n
ack-In-The-Box Restaurant) o
than non pariel,has been published in each regular preptutoe C-2, Section 23.' locate at 394 South Palm Canyon
Dn
and entire issue of said newspaper and not in any rive, Z
supplement thereof on the following dates,to wit:
September list
----------------------------------------------------------------
y:
All in the year 2001
\,
I certify(or declare)under penalty of perjury that the i ="
foregoing is true and correct.
Dated at Palm Springs,California this--------------day
September In accordance with Section 15332 of the Califor-
nia Environmental Quality Act(CEQA), Infill Devel-
of---------------------------------->2001 t t
opment Protects are categorically exemp rem an
environmental asaeesment
If any individual or group challenges the action in
court, issues raised may be limited to only those
issues raised at the public hearing described m
This notice or In written correspondence at or on-
Signature or to the Planning Commission hearing. An op-
portur ty will be given at said hearing for all inter
'eded persons to be heard Questions regarding '
this case may be directed to I-lope V. Sullivan,
Department of Planning and Building, 760/323-
8245.
DOUGLAS R EVANS
Direi of Planning and Building
PUB: September 1, 2u01