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CITI COUNCIL RFSOLUTION NO. 79- 50
A RESOLUTION OF THE CITY COUNCIL GF THE CITY
OF PAL111 DESERT, CALIFORNIA, DENYING THE APPEAL
AND UPHOLDING THE FINDInTGS OF THE CITY PLANIvING
C01111ISSION AS SPECIFIED IN PLANNING COhir4ISSION
RESOLUTION N0. 470.
CAS� NO . VAR 948 ( AhiE�ID�l1ENT )
�tiHEREAS, the City Planning Commission did consider an
amendment to Case No. VAR 948 to include a general real estate office
as a permitted use in the project known as liarrakesh Country Club
as filed by the b4arrakesh Property Owners Association; and,
j4HEREAS, the Planning Commission did after the completion of
the Public Hearing on this matter conclude by Resolution No. 470
that the appropriate use designation was a management activity with
incidental real estate activity subject to conditicns; and,
�4HEREAS, the applicant has filed a timely appeal of the
Commission's decision; and,
�tiHEREAS, after a duly noticed Public Hearing held on
D4ay 10, 1979, at which the City Council did consider all testimony
and arguments, the City Council did find that the following facts
and reasons do e�ist to justify the denial of the appeal and the
upholding of the findings of the Planning Commission:
1. The Planning Commission findings were correct in
terms of use definition and necessary conditions
to guarantee compatibility of the proposed use
with the residential character of R4arrakesh
Country Club.
2. The issue of whether the City has the jurisdiction
of power to dictate the terms of a contract between
private parties nor with whom the applicant may
contract has no standing in this matter. The
Planning Commission was �vithin its rights in deter-
mining the permitted uses for the subject property
and the terms and conditions under which said
uses could exist.
NOW, THEREFORE, 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 matter;
2. That the applicant's appeal of the Planning Commission
decision on Case No. VAR 948 (Amendment) is hereby
denied and the findings of the Planning Commission.as
specified in Planning Commission Resolution No. 470
are hereby upheld.
PASSED, �PPROVED and ADOPTED at a regular meeting of the
Palm Desert City Council, held on this 1pth day of M�, 1979, by
the following vote, to wit:
AYES: Brush,
NOES: None
ABSENT: None
ABSTAIN: None
McPherson, Newbrander, Wilson & Mullins
ATTEST:
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SHE I LA R. IZL I GAN , C�Y CLERK
CITY OF PA�,hi DESERT,��CALIFORNIA
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`EI�itiA D. mU LINS, AIAYOR
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