HomeMy WebLinkAboutRes No 2368PLANNING COMMISSION RESOLUTION NO. 2368
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, FINDING AND DETERMINING
THAT CERTAIN CONDITIONS OF APPROVAL HAVE BEEN
SATISFACTORILY ADDRESSED REGARDING PROPERTY
LOCATED AT 73-950 ALESSANDRO.
CASE NO. PP 99-20
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
20th day of December, 2005, hold a duly noticed public hearing to determine if the City issued
Building Permit/Certificate of Occupancy should be declared "null and void" pursuant to
Municipal Code Section 25.73.015; 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 as follows:
1. That with respect to Condition Nos. 17 and 19 of City Council Resolution No. 00-
21 the owner has complied with the intent of the conditions.
2. That the occupancy of the building by a personal services/skin care clinic and
certain medical offices are approved uses in the O.P. zone.
3. That the mesh portion of the screening system on the second floor landing if
modified to provide an effective, opaque barrier will meet the intent of the
Condition Nos. 13 and 14 of City Council Resolution No. 00-21.
4. That considering the ambiguity of the condition with respect to the wall height and
where it should be measured, the original apparent acceptance of the wall by the
previous owner of the property to the north, the limited ability to increase the wall
height in an architecturally acceptable manner, and the extent of the fill in of the
landscape planter, the Commission determines that the wall as constructed on the
north property line has reasonably fulfilled the intent of Condition No. 11 of City
Council Resolution No. 00-21 provided that the property owner agrees in writing
to allow the landscape material to continue to fill in and if there are open areas,
then additional tree/shrub material will be installed to the satisfaction of the City
Landscape Manager.
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 with respect to Condition Nos. 17 and 19 of City Council Resolution No. 00-
21 the owner has complied with the intent of the conditions.
PLANNING COMMISSION RESOLUTION NO. 2368
3. That the occupancy of the building by a personal services/skin care clinic and
certain medical offices are approved uses in the O.P. zone.
4. That the mesh portion of the screening system on the second floor if modified to
provide an effective, opaque barrier will meet the intent of the Condition Nos. 13
and 14 of City Council Resolution No. 00-21.
5. That considering the ambiguity of the condition with respect to the wall height and
where it should be measured, the original apparent acceptance of the wall by the
previous owner of the property to the north, the limited ability to increase the wall
height in an architecturally acceptable manner, and the extent of the fill in of the
landscape planter, the Commission determines that the wall as constructed on the
north property line has reasonably fulfilled the intent of Condition No. 11 of City
Council Resolution No. 00-21 provided that the property owner agrees in writing
to allow the landscape material to continue to fill in and if there are open areas,
then additional tree/shrub material will be installed to the satisfaction of the City
Landscape Manager.
6. That if the modifications to the screening of the landing and the landscape
agreement referred to in items 4 and 5 above have not been completed by March
31, 2006 to the satisfaction of the Director of Community Development, then the
Building Permit/Certificate of Occupancy shall be declared "null and void" and the
matter be tumed over to the City Attorney for action.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 20th day of December, 2005, by the following vote, to wit:
AYES: JONATHAN, LOPEZ, TSCHOPP
NOES: FINERTY
ABSENT: CAMPBELL
ABSTAIN: NONE
`^A�i�sSTt
PHILIP DRELL,tSecretary
Palm Desert Planning Commission
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DAVID E. TSCHOPP, Chair
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