HomeMy WebLinkAboutRes No 2575PLANNING COMMISSION RESOLUTION NO. 2575
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING A VARIANCE TO PERMIT FOUR
ADVERTISING FLAGS WHICH RESEMBLE THE UNITED STATES OF AMERICA
FLAG IN FRONT OF THE MAIN ENTRANCE OF SPANISH WALK ALONG
GERALD FORD DRIVE.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of November, 2011, hold a duly noticed public hearing to consider the request by
D.R. Horton for the above noted variance; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act", Resolution
No.10-26, in that the Director of Community Development has determined that the project will
not have a negative impact on the environment and that the application is a Class 3
Categorical Exemption for purposes of CEQA, and therefore no further documentation is
necessary; 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 and reasons exist to justify the denial of said request:
Findings of Approval:
A. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the ordinance codified in this title.
Due to the property fronting on Frank Sinatra Drive and Gerald Ford Drive
and the generous size of the property there is no difficulty or physical
hardship related to the property, in question. The Palm Desert Municipal
Code, Section 25.68.090 Temporary Signs, allows one two-sided realty sign
that is 32 square feet and six feet in height per frontage, and if the applicant is
requesting flags Section 25.04.750 Sign, D allows the flag of the State or of
the United States or any official flag of any other state or country.
B. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the property, that
do not apply generally to other properties in the same zone.
The property is not of a highly irregular shape, and there are no extraordinary
circumstances or conditions applicable to this property The Code
Enforcement Division has cited other residential developments that have
placed advertising flags that do not meet code. There is no justification for
setting precedent by approving the applicant's request, when the zoning code
allows signage.
PLANNING COMMISSION RESOLUTION NO. 2575
C. That strict or literal interpretations and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
No other variances have been approved for signage in the vicinity. The
applicant is not deprived of any privileges that others enjoy in the same area.
D. That the granting of the variance or adjustment will not be detrimental to
public health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The proposed advertising flags which resemble the United States of America
flag would not be detrimental to public health, safety or welfare, or materially
injurious to the properties in the vicinity.
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 the Planning Commission does hereby grant denial of Variance 11-313,
subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of November 2011, by the following vote, to wit:
AYES:
NOES• CAMPBELL, DE LUNA, TANNER, DASH, LIMONT
ABSENT:
ABSTAIN:
'SONIA CAMPBELL, Chairper on
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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