HomeMy WebLinkAboutCC RES 84-111RESOLUTION NO. 84-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, DEIYYIIYG A
CONDITIONP�L USE PERMIT FOR A RESTAURAIVT IN
THE C-1 ZONE, LOCATED WEST OF HIGHWAY 111, 300
FEET NORTHWEST OF PAINTERS PATH.
CASE NO. CUP 84-1
WHEREAS, an application for a conditional use permit was filed with the City of
Palm Desert on March 9, 1984, requesting a permit to construct a 12,000 square foot
restaurant in a general commerciai zone, and a negative declaration of environmental
impact as it pertains thereto, located on a 13.1 acre site west of Highway 111, 300 feet
northwest of Painters Path, more particularly described as APN 640-002-003; hereafter
referred to as CUP 84-1.
WHEREAS, said application was filed by DONALD McMILLAN.
WHEREAS, the City of Palm Desert Planning Commission held a duly advertised
public hearing on May 1, 1984, and continued io �une 5, 1984; and
WHEREAS, after excepting testimony in favor and opposed to said application, the
planning commission approved findings and adopted a resolution conditionally approving
CUP 84-1; and
WHEREAS, saic! decision was called up for review by ihe Palm Desert City Council
and a duly advertised public hearing was held on June 28, 1984, and continued to 7uly 26,
1984, to permit the Palm Desert Planning Commission to review its recommendation
pertaining to the negative declaration of environmental impact for CUP 84-1; and
WHEREAS, previous said planning commission reviewed and modified its previous
recommendation at its regularly scheduled meeting of July 17, 1984.
WHEREAS, the Palm Desert City Council, after receiving public testimony at its
June 28, 1984, public hearing, receiving the report of the Palm Desert Planning
Commission, and further testimony at its July 26, 1984, meeting did find that the
application cannot meet the required findings needed for approvai of a conditional use
permit as set forth in Section 25.72.070 of the Paim Desert Municipal Code.
NOW, THEREFORE, BE I7' RESOLVED by the City Council of the City of Palm
Desert, that the following findings constitute the basis of its decision denying CUP 84-1:
1. The proposed location of the �onditional use would be detrimental to the
public health, safety, and welfare in that a hillside scenic vista would be
irreparably destroyed by said proposal.
2. The proposal does not comply with the goals, objectives, and policies of the
city's adopted general plan in that:
a. The hillside is an important natural feature within Palm Desert and
its preservation increases the overall visual quality of Palm Desert by
enhancing visual identity, diversity, and interest of the area.
b. The city's adopted general plan requires "the preservation of scenic
vistas as an integral factor in all land development decisions over
whi�h the city has jurisdiction." The disruption or destruction of said
vistas which would result by this proposal is inconsistent with this
policy.
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RESOLUTION NO. 84-111
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NOW, THEREFORE, BE IT RESOLVED that based on said findings, Conditional Use
Permit 84-1 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 9th day of August, 1984, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
KELLY, SNYDER
JACKSON
PULUQI, WILSON
NONE
SHEILA R. GI IGAN, Ci lerk
City of Palm Desert, Cali rnia
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WALTER H. SNYDE ayor
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