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HomeMy WebLinkAboutCC RES 06-042RESOLUTION NO. 06-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL TO A DECISION BY THE PLANNING COMMISSION APPROVING AN AMENDMENT TO AN APPROVED PRECISE PLAN OF DESIGN TO ALLOW LIMITED OUTDOOR DISPLAY OF MERCHANDISE AT LOWES HOME IMPROVEMENT CENTER AT 35-850 MONTEREY AVENUE. CASE NO. PP 04-13 AMENDMENT #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21 st day of February, 2006, adopt its Resolution No. 2378 approving the above noted amendment, subject to conditions; and WHEREAS, a timely appeal was filed by Regency Homes/Versailles on March 3, 2006; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 23rd day of March, 2006, hold a duly noticed public hearing to consider the appeal to the decision of the Planning Commission; and WHEREAS, Lowes HIW, Inc. has provided plans showing four (4) areas of limited outdoor display of merchandise; 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 denial of said appeal: 1. The proposed outdoor displays of merchandise will be limited to areas immediately adjacent to the building and will be limited to specific types of merchandise in each area. 2. The proposed outdoor displays of merchandise as conditioned will not be visible from a public street or nearby properties. 3. The proposed amendment to the precise plan, as conditioned, will not substantially depreciate property values and will not be materially injurious to the properties or improvements in the vicinity and will not endanger the public peace, health, safety or general welfare. 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. RESOLUTION NO. 06-42 2. That the appeal by Regency Homes/Versailles is hereby denied for reasons specified above. 3. That the decision of approval of the Planning Commission at its February 21, 2006 meeting is hereby affirmed. 4. That the conditions of approval are hereby amended and approved as attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 23rd day of March, 2006, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA HELL D. KLASSEN(City Clerk City of Palm Desert, California RESOLUTION NO. 06-42 CONDITIONS OF APPROVAL CASE NO. PP 04-13 AMENDMENT #1 Department of Community Development: 1. That all conditions of approval delineated in City Council Resolution No. 04-87 shall continue in full force and effect except that Condition No. 15 is amended to permit the limited outdoor display of merchandise as shown on plans dated January 20, 2006 on file with the Department of Community Development and as limited further by the following conditions. 2. The applicant at all times shall maintain a minimum seven (7) foot wide walkway across the front of the building. 3. That with respect to the display of building materials outside the indoor lumber yard, the display shall not exceed a height of six -feet and shall be limited to a maximum of four pallets at any one time. To define the area of the display, the applicant shall install wing walls extending out four feet from the building a minimum of 48 inches in height. Alternatively, the applicant may design a trellis/vine system on the west side of the porte couchere to be approved by the Architectural Review Commission. If this solution is implemented, the above limitations on height and amount of material shall be waived. 4. That prior to placement of any storage sheds in the area at the north end of the building, the applicant shall first obtain approval of a landscape plan amendment from the City's Landscape Manager and shall implement any required changes. Said amended plan to provide access to the area and screening of the area through a combination of planting and walls. 5. That the display of live plant material associated with the garden center is limited to plant material only. Fertilizer, bags of soil, grass seed, potting containers and the like are not permitted under this amendment. 6. That Lowes agrees to correct any violation of the outdoor display conditions within 24 hours of being notified by the City of such a violation.