HomeMy WebLinkAboutCC RES 97-003(�-, � - �C� ��,
RESOLUTION NO. 97-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL AND APPROVING
A REQUEST BY McFADDEN/McINTOSH ARCHITECTS ON
BEHALF OF CAM NEVINS FOR A CONDITIONAL USE PERMIT
AND PRECISE PLAN TO ALLOW CONSTRUCTION AND
OPERATION OF A FUEL STATIONICONVENIENCE STORE AND
ACCESSORY USES ON PROPERTY AT THE NORTHWEST
CORNER OF HIGHWAY 11 1 AND DEEP CANYON ROAD.
CASE NO. CUP/PP 96-18
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of November, 1996, hold a duly noticed public hearing to consider the request
of McFadden/Mclntosh on behalf of Cam Nevins for approval of a conditional use permit to
allow the construction and operation of a fuel station/convenience store with the sale of
beer and wine and accessory uses on the property located at the northwest corner of
Highway 111 and Deep Canyon Road; and
WHEREAS, the Planning Commission by its Resolution No. 1772 has approved the
request subject to conditions; and
WHEREAS, a timely appeal has been filed to the approval of the Planning
Commission; and
WHEREAS, the City Council of the City of Palm Desert did hold on the 9th day of
January, 1997, a duly noticed public hearing and continued public hearing on January 23,
1997, to consider said appeal; 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. 95-105," in that the Director of Community Development has determined that the
project will not have an adverse negative impact on the environment and a negative
declaration has been prepared; 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 justify the granting of said conditional use
permit/precise plan:
1. The proposed location of the conditional use is in accord with the objectives
of the zoning ordinance and the purpose of the district in which the site is
located.
RESOLUTION NO. 97-3
2. The proposed location of the conditional use and the conditions under which
it will be operated and maintained will not be detrimental to the public health,
safety or general welfare, or be materially injurious to properties or
improvements in the vicinity.
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The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
The proposed conditional use complies with the goals, objectives, and policies
of the city's adopted general plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
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That the above recitations are true and correct and constitute the findings of
the Council in this case.
That the appeal filed by Dennis Godecke dated December 4, 1996 is hereby
denied.
That the action of the City of Palm Desert Planning Commission dated
November 19, 1996 in the matter of Case No. CUP/PP 96-18 is hereby
affirmed.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 23rd day of January, 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
BENSON, CRITES, SNYDER, SPIEGEL, KELLY
NONE
NONE
NQNE
SHEILA R. C3'fLL'1GAN,
City of Palm Desert, (
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Clerk
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