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HomeMy WebLinkAboutCC RES 99-075RESOLUTION NO. 99-75 .-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, GRANTING IN PART AN APPEAL BY �,,,, GREGORY A. SWAJIAN TO A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST BY ONE EL PASEO LLC FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW MEDICAL/DENTAL OFFICE USE OF A 17,000 SQUARE FOOT BUILDING IN THE C-1 ZONE ON THE SOUTH SIDE OF HIGHWAY 1 1 1, EAST OF EL PASEO (EAST), 74-235 HIGHWAY 1 1 1. CASE NO. CUP 99-5/CUP 89-3 AMENDMENT NO. 2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 st day of June, 1999, hold a duly noticed public hearing to consider the request by ONE EL PASEO LLC for the above noted conditional use permit; and WHEREAS, the Planning Commission has by its Resolution No. 1926 as amended approved the requested conditional use permit subject to conditions; and WHEREAS, Gregory A. Swajian on June 1 1, 1999 filed a timely appeal; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day �- of July, 1999, hold a duly noticed public hearing to consider the appeal by Gregory A. Swajian; 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 granting said appeal: 1. That the proposed location of the conditional use is in accord with the objectives of zoning ordinance and the purpose of the district in which it is located. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public, health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use and the conditions under which it will operate will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. � 4. That the proposed conditional use complies with the goal's, objectives and the policies of the city's general plan. r.. RESOLUTION NO. 99-75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 2. That the above recitations are true and correct and constitute the findings of the City Council in this case. That the appeal dated June 10, 1999 filed by Gregory A. Swajian is hereby granted in part. 3. That Condition No. 6 of Planning Commission Resolution No. 1926 is amended to read as follows: "That the applicant shall install a six-foot masonry wall along the southwest, south and east property lines except where the property is adjacent to an existing driveway to the southwest. If the overflow parking problem becomes significant in the future, the applicant or adjacent property owner may �equest an amendment to this condition to install a wall or gate system across the driveway to separate the properties." PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of July, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: AI�T,EST: � BENSON, CRITES, KELLY, SPIEGEL NONE FERGUSON NONE SHEILA Ry�xi"LLIGAf)I;�ity Clerk City of Palm Desert(, alifornia . ` I � I'�t�' .�� � . � P� � �