HomeMy WebLinkAboutCC RES 99-047RESOLUTION NO. 99-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, UPHOLDING AN APPEAL TO A
PLANNING COMMISSION DECISION APPROVING A
CONDITIONAL USE PERMIT FOR A MASTER PLAN OF
DEVELOPMENT FOR A DRIVE-THRU RESTAURANT (JACK IN
THE BOX), CONVENIENCE STORE, GAS BAR, MINI STORAGE
FACILITY, A PRECISE PLAN OF DESIGN FOR THE JACK IN THE
BOX RESTAURANT (INCLUDING DRIVE-THRU), CONVENIENCE
STORE INCLUDING SALE OF BEER AND WINE, AND NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
THERETO FOR PROPERTY AT THE NORTHWEST CORNER OF
WASHINGTON STREET AND COUNTRY CLUB DRIVE, APN 607-
070-017, 78-078 COUNTRY CLUB DRIVE.
CASE NOS. MP/CUP 99-1 AND PP 99-4
WHEREAS, the Planning Commission approved the above noted cases by its
Resolution No. 1922; and
WHEREAS, a timely appeal was filed to the decision of the Planning Commission; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of May, 1999, hold a duly noticed public hearing to consider the request of TRAVIS
ENGINEERING for approval of a master plan of development and approval of a precise plan
of design; and
WHEREAS, pursuant to Section 25.108.020 of the Freeway Commercial Overlay
Zone some of the uses in the master plan require approval of a conditional use permit; 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 to justify its actions, as described below:
1. That the project is not consistent with the Freeway Commercial Overlay
Ordinance in that it does not provide common usable public space in the form
of a picnic area, dog park or kids land as prescribed in Municipal Code Section
25.108.030 E 3.
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 case.
2. That the appeal to the Planning Commission decision is hereby upheld.
3. That approval of Master Plan/Conditional Use Permit 99-1 for the master plan
of development for Travis Engineering and Precise Plan 99-4 are hereby
denied.
RESOLUTION NO. 99-47
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 27th day of May, 1999, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
TE T:
SHEILA R. L GAN, Ci Jerk
City of Palm Desert, Cali ornia
er00
ROBERT A. SPIEG
2