HomeMy WebLinkAboutCC RES 09-63ACITY COUNCIL RESOLUTION NO. 09-63A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING A VARIANCE FOR AN EXCEPTION
TO PALM DESERT MUNICIPAL CODE SECTION 25.68, SIGNS, TO
PERMIT A SECOND WALL SIGN ON THE SAME BUILDING FRONTAGE
FOR CAMBRIA LOCATED AT 42-210 COOK STREET.
CASE NO. VAR 09-330
WHEREAS, the City Council of the City of Paim Desert, California, did on the 10th day of
December, 2009, hold a duly noticed public hearing to consider the request by Cambria, for the
above noted Variance; and
WHEREAS, the Planning Commission of the City of Paim Desert, California, did on the
6th day of October 2009, hold a duly noticed public hearing to consider the said request and by
its Resolution No. 2512 denied VAR 09-330; and
WHEREAS, said application is not a project under the California Environmental Quality
Act, and no further documentation is necessary; 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 request:
A. That the strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of the ordinance codified in this title.
Due to the property having visibility and frontage along Cook Street, and being
able to have another sign facing the parking lot, there is no difficulty or physical
hardship related to the property in question. Cook Street is highly traveled and
the existing signs are easily seen from Cook Street.
B. There are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not apply
generally to other properties in the same zone.
The property is not irregular shaped, and there are no extraordinary
circumstances or conditions applicable to this property. The building is located
within an existing shopping center and has excellent visibility from Cook Street.
The building is positioned at an angle allowing two frontages viewed from Cook
Street.
C. That strict or literal interpretations and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties in the same vicinity and zone.
CITY COUNCIL RESOLUTION NO. 09-63A
No other variances have been approved for signage in the vicinity. The
applicant is not deprived of any privileges that others enjoy in the same area.
D. That the granting of the variance or adjustment will not be detrimental to public
health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
The applicant received approval of two wall signs, one per frontage, that
currently exist. The applicant installed an additional sign that was not permitted
and allowed by code. The proposed sign would not be detrimental to public
health, safety or welfare, or materially injurious to the properties in the vicinity.
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
Commission in this case.
2. That Variance 09-330 is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on the 10th day of December 2009, by the following vote, to wit:
AYES: BENSON, FERGUSON, and FINERTY
NOES: BELLY and SPIEGEL
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
City of Palm Desert, California
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