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HomeMy WebLinkAboutCC RES 04-099RESOLUTION NO. 04-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL TO A DECISION OF THE PLANNING COMMISSION WHICH DENIED A REQUEST FOR APPROVAL OF A CHANGE OF ZONE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO OFFICE PROFESSIONAL (O.P.) AND A PRECISE PLAN OF DESIGN FOR A 14,115 SQUARE FOOT TWO-STORY OFFICE BUILDING ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF PORTOLA AVENUE AND CATALINA WAY KNOWN AS 44-277 PORTOLA AVENUE. CASE NOS. C/Z 04-02 AND PP 04-20 WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of September, 2004, hold a duly noticed public hearing to consider the appeal filed by PORTOLA PROPERTIES/CHRIS McFADDEN, to a decision of the Planning Commission denying the above described project; 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 its actions, as described below: CHANGE OF ZONE: 1. The General Plan dual designates this property medium density residential/office professional. 2. The applicant has not made a compelling argument through the design of his project that the appropriate use is office professional. PRECISE PLAN: 1. Without approval of the change of zone, the proposed office complex is not consistent with the zoning. 2. The two-story project as designed does not comply with the General Plan Community Design Element Program 10 B policy which requires that office projects in this area be compatible with the single story surrounding residential area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: RESOLUTION NO. 04-99 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 231$iay of September , 2004, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Asio, ROBERT A. SPIEGELvMaybr 1