HomeMy WebLinkAboutCC RES 78-043RESOLL'TION �0. 78-43
A R�SOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALn4 DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND
UPHOLDING THE FINDINGS OF THE PLANNING CO'�4h1ISSI0N
IN DEI�'YING AN APPEAL OF PLANNING COh'IMISSION RESOLU-
TION NO. 347 w'HICH D�NIED A R�f1�UEST FOR APPROVAL OF
A VARIANCE FROTZ THE REQUIR�M�NTS OF THE 1�4UNICIPAL
CODE REGARDING THE SIZE AND HEIGHT OF SIGNS IN RESI-
DENTIAL ZONES OTHER THAN SINGLE-FAl14ILY.
�
�1'HER�AS, the City Council of the City of Palm Desert, California,
did receive a verified application from DAVID FULLER, appealing Plan-
ning Commission Resolution No. 347 which denied a request for approval
of a Variance from the requirements of the b4unicipal Code regarding the
size and height of signs in residential zones other than single-family,
regarding a sign at the Seibu Apartments, and more particularly des-
cribed as:
APN 627-142-017-6
�h'HEREAS, said application has complied with the requirements of
the "City of Palm Desert Environmental Ruality Procedure Resolution No.
77-7", in that the Director of Environmental Services has determined
that the project is exempt from the requirements of CEQA as a categori-
cal exemption pursuant to Sec. 5(i) and the appeal period has expired;
and,
�VHEREAS, at said Public Hearing, upon hearing and considering
all testimony and arguments, the City Council did find the following
facts and reasons to exist to justify upholding the findings of the
Planning Commission:
l. The strict or literal interpretation and enforcement of
the adopted Sign Ordinance will not result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives of the
ordinance in that the applicant will be able to continue to use his
property in the same manner once he complies with the Sign Ordinance.
2. There are no recognizable exceptional or extraordinary cir-
cumstances or conditions apparent, that other property owners in the
same zone are not confronted with and these property owners have com-
plied with the Sign Ordinance.
3. On-site inspection of the subject property by Staff revealed
that the applicant can readily comply with the Sign Ordinance in terms
of height anu area, therefore, nullifying the applicant's claim that
lowering the sign would partially block the apartment entrance.
4. Compliance with the Sign Ordinance by modifying the exist-
ing sign or replacing it would not alter, in any way, the architectural
decor of the apartment building. Further, a new or modifed sign could
be designed to blend with the architectural decor of the apartment build-
ing.
NOZv, THEREFORE, BE IT RESOLVED by the City Council of the City
of Palm Desert, as follows:
1. That the above recitations are true and correct and consti-
tute thefindingsof the City Council in this case;
2. That the appeal by David Fuller of Planning Commission Re-
solution No. 347 is hereby denied for the reasons set forth above.
RESOLUTION N0. 78-43
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Page �ivo
PASSED, APPROVED, and ADOPTED at a regular meeting of the
City of Palm Desert City Council held on this 27th day of
April , 1978, by the following vote, to wit:
AYES: Brush, McPherson, Newbrander, Ulilson & Mullins
NOES : i�one
ABSENT : None '
ABSTAIN : None
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D. �I LLINS
ATTEST:
.�/ L� � .
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SHEILA R. GTLLIGAN City Clerk
City of Palm Desert, California
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