HomeMy WebLinkAboutCC RES 78-103RESOLUTION N0. 78-103
A RESOLUTION OF THE CITY COU�CIL OF THE CITY OF
PAL?t�1 DESERT, CALIFORNIA, ANNOU�CING ITS FINDINGS
AND DENYING THE APPEAL �VITHOUT PREJUDICE OF TERRA
INDUSTRIES OF THE PLANNING C0��4ISSION DENIAL OF
CASE NOS. DP 05-78 AND 117P,iF.
LVHEREAS, the Planning Commission of the City of Palm Desert,
California, did review the application of TERRA INDUSTRIES for approval
of a Development Plan and Preliminar5 Design Review for a 200-unit
condominium project on approximately 33 acres at the northwest corner
of Fairhaven Drive and Avenue 44; and
WHEREAS, the Planning Commission did, by Resolution No. 373,
deny the applicant's request; and
and
�9HEREAS, the applicant has filed an appeal in a timely manner;
�VHEREAS, the City Council did, at their regularly scheduled
meeting of August 10, 1978, consider the appeal; and
jUHEREAS, after hearing all the testimony regaiding this matter
did find the following facts to exist to justify upholding the findings
of the Planning Commission and denying the appeal without prejudice:
1. The Planning Commission had sufficient information to
evaluate the Development Plan and subsequently make a
reasonable judgment.
2. Additional Staff examination of the case had determined
that the Planning Commission's original findings remain
valid, namely:
a) The design of the proposed development is not in
keeping with the character of the surrounding
neighborhood and would be detrimental to the
harmonious, orderly and attractive development
contemplated by the Zoning Ordinance and the
General Plan.
b) The design of the proposed development would not
provide a desirable environment for its occupants.
The site plan proposed will not function well for
either residents of the project or guests and
visitors.
c} The proposed development does not adhere to every
element of the Zoning Ordinance: namely, the
requirements of a minimum 20 foot setback between
structures within the Planned Residential Zone Dis-
trict. Adherance to this requirement will require
substantial modification to the site plan.
NO�U, THEREF4RE, BE IT RESOLVED by the City Council of the City
of Palm Desert, California, as.follows:
l. That the above recitations are true and correct and consti-
tute the findings of the Council in these cases; and
2. The requested appeal is hereby denied without prejudice.
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78-103
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Palm Desert, California, at their regular meeting held on the lOth
day of August, 1978, by the follo�ving vote, to wit:
AYES: Brush, Newbrander, & "��cPherson
NOES: None
aBSENT: �Yilson & :�4ullins
ABSTAIN: None
ATTEST:
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SHEILA R. GILLIGAN, CIT CLERK
City of Palm Desert, alifornia
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78-103