HomeMy WebLinkAboutCC RES 95-014RESOLUTION NO. 95-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, UPHOLDING AN APPEAL TO A
DECISION OF THE PALM DESERT PLANNING COMMISSION
AND DENYING A CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION OF A LIMITED MENU FAST FOOD RESTAURANT,
WITHOUT DRIVE-THRU, IN 2100 SQUARE FEET OF AN
EXISTING BUILDING IN THE PLAZA DE MONTEREY CENTER
AT THE SOUTHEAST CORNER OF MONTEREY AVENUE AND
COUNTRY CLUB DRIVE.
CASE NO. CUP 94-14
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 17th day of January, 1995, hold a duly noticed
public hearing to consider the request of MONTEREY PARTNERS, LTD., for
approval of a conditional use permit to allow the operation of a
limited menu fast food restaurant, without drive-thru, in 2100 square
feet of an existing building in the Plaza de Monterey center at the
southeast corner of Monterey Avenue and Country Club Drive; and
WHEREAS, the Planning Commission
approved the requested conditional use
and
WHEREAS, Brigitte Johnson filed a
Commission decision; and
by its Resolution No. 1677
permit subject to conditions;
timely appeal to the Planning
WHEREAS, the City Council of the City of Palm Desert, did on the
23rd day of February, 1995, hold a duly noticed public hearing to
consider the appeal filed by Brigitte Johnson; and
WHEREAS, said application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California
Environmental Quality Act, Resolution No. 80-89," in that the Director
of Community Development has determined that the project has been
previously assessed; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to
be heard, said city council did find the following facts and reasons to
exist to uphold the appeal and deny said conditional use permit:
1. There is an existing odor problem in the neighborhood from
restaurant uses which could be exacerbated by the addition of
a Wendy's Restaurant in the center.
2. There is a parking problem in the center which will be
exacerbated by the addition of a Wendy's Restaurant to the
center.
3. There is an existing trash problem in the center which could
be exacerbated by the addition of a Wendy's Restaurant.
4. The existing center is congested and the problem could be
exacerbated by the addition of a Wendy's Restaurant.
RESOLUTION NO. 44-14
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 city council in this case.
2. That the appeal filed by Brigitte Johnson is hereby upheld
for the reasons delineated above.
3. That the approval of the conditional use permit by the
planning commission is hereby reversed.
4. That Case No. CUP 94-14 is hereby denied for the reasons
delineated above.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 9th day of March , 1995, by the
following vote, to wit:
AYES: BENSON, KELLY, SNYDER, CRITES
NOES: NONE
ABSENT: NONE
ABSTAIN: SPIEGEL
/SHEILA R. GI(.LIGAN/pity Clerk
City of Palm Dese , California
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