HomeMy WebLinkAboutRes No 2099PLANNING COMMISSION RESOLUTION NO. 2099
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, DENYING A PRECISE PLAN OF
DESIGN FOR A McDONALD'S RESTAURANT WITH DRIVE-THRU
SERVICE ON PAD 10 AT THE NORTHWEST CORNER OF
HARRIS LANE AND COUNTRY CLUB IN THE DESERT COUNTRY
PLAZA.
CASE NO. PP 01-09
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of September, 2001, hold a duly noticed public hearing which was continued
to September 18, October 2 and October 16, 2001, to consider the request of Kerr Project
Services on behalf of McDonald's for approval of the precise plan of design; and
WHEREAS, by its Resolution No. 99-14 the City Council did on January 28, 1999
approve a master plan of development which included a 2,500 square foot restaurant with
drive-thru service on this pad; and
WHEREAS, a restaurant with drive-thru service was assessed for compliance with
CEQA as part of the review of the master plan of development; 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 Planning Commission
did find the following facts to exist to justify its actions as described below:
1. The applicant has increased the building size from 2,500 square feet to 3,395
square feet or 35.8% without increasing the pad size, therefore, the precise
plan is inconsistent with the approved master plan per City Council Resolution
No. 99-14 and previous CEQA determination.
2. The applicant has not provided any usable open space as required in the
Freeway Commercial Overlay Ordinance.
3. The project does not provide any "special" attributes which were expected
when the city established the Freeway Commercial Overlay District. In fact,
this project would provide less landscape depth measured on the south
setback area then the building immediately adjacent to the east of the main
access driveway.
4. The findings necessary to approve a precise plan request cannot be affirmed.
PLANNING COMMISSION RESOLUTION NO. 2099
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That Case No. Precise Plan 01-09 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 16th day of October, 2001, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert PIaning Commission
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