HomeMy WebLinkAboutCC RES 78-034RE SOLUT I ON 7 8- 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PAL:vI DESERT, CALIFOR,NIA, ANNOUNCING ITS FINDIi�1GS
AND DENYING THE APPEAL OF CAL-AMERICAN INCOI�4E PRO-
PERTIES I'UND OF PLANNING COAiD1ISSION RESOLUTION
NO. 335 `VHICH APPROVED CASES NOS. DP 02-78 AND 72C.
i�'HEREAS, the Planning Commission of the City of Palm Desert,
California, did review the application of Robert H. Ricciardi for ap-
proval of a Development Plan and Preliminary Design Review for 5 com-
mercial structures to be located on approximately 3.5 acres at the
southwest corner of Highways 111 and 74; and,
�yTHEREAS, the Planning Commission did by Resolution No. 335, ap-
prove the applicant's request; and,
�ti�HEREAS, CAL-AMERICAN INCOh1E PROPERTIES FUND has filed an appeal
in a timely manner of the decision of the Planning Commission; and,
�ti'HEREAS, the City Council did at the regularly scheduled meeting
of April 13, 1978, consider the appeal; and,
jti'HEREAS, after hearing all the testimony regarding this matter
did find the following facts to exist to justify upholding the findings
of the Planning Commission and denying the appeal:
l. In sending out the legal notices of the public hearing, the
Staff of the Dept. of Environmental Services used the most
current Assessor's Tax Role in obtaining the appellant's
Mailing address which is all that is required according to
the City Attorney to fulfill the requirements for correct
legal noticing.
2. I�1r. �Villiams' letter of February 23, 1978 to the appellant
indicatedthat the Public Hearing might be continued, but
should not have been construed as approving a continuance
as only the Planning Commission has the authority to continue
a public hearing.
3. Staff finds absolutely no justification in the appellant's
claim that the proposed development will impair the desira-
bility of investment or occupation in the neighborhood and
create traffic hazards and congestion.
4. The proposed development does not violate adopted develop-
ment standards with regard to the obstruction of scenic views.
5. I�Iinimum site size standards for speciality commercial centers
standards are irrelevant in this case as the property was al-
ready zoned P.C.(3), S.P. at the time the application was
filed so that the appellant's claim that the proposed develop-
ment violates adopted development standards is unwarranted.
N0�1', TH�REI'ORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute
the findings of.the Council in this case;
2. The requested appeal is hereby denied.
RESOLUTION 78-34
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Page �vo
PASSED, APPROVED, and ADOPTED at a regular meeting of the
Palm Desert City Council, held this 13th day of April, 1978, by
the following vote, to u-it:
AYE S: Brush, Newbrander, Wilson & McPherson
NOES : None
ABSENT : Mul 1 i ns
ABSTAIN : None
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ED�YARD D. 4ULLINS, I�'1'ayor
BY:--�3 . McPHERSON, MAYOR PRO-TEMPORE
ATTEST:
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SHEILA R. G IGAN, Ci Clerk