HomeMy WebLinkAboutCC RES 09-68RESOLUTION NO. 09-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING RESOLUTION NO. 06-69 REMOVING
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION NUMBER
11 REQUIRING THE THREE -SERVICE BAY DOORS FACING CABRILLO
AVENUE TO BE CLOSED AT ALL TIMES AND ONLY OPENED WHEN
VEHICLES ARE EXITING THE FACILITY. THE PROPERTY IS LOCATED
AT 74-180 HIGHWAY 111.
CASE NOS. PP/CUP 05-05 AND VAR 05-04 AMENDMENT 1:
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th
day of August 2009, hold a duly noticed public hearing to consider a request by
FASTLANE OIL CHANGE/CHRIS JONES for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Acr,
Resolution No. 06-78, in that the Director of Community Development has determined
that the request is not a project under CEQA; 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
find the following facts and reasons to exist to approve said request:
1. The condition requiring the service bays to be closed causes a financial
hardship on the business owner by giving the appearance that the
business is not open and operational.
2. That keeping the doors closed during open business hours does not
provide proper air ventilation increases the air temperature and exposes
the service employees to harmful exhaust fumes.
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.
2. That the City Council does hereby amend Resolution No. 06-69 removing
Department of Community Development Condition Number 11 requiring
the three -service bay doors facing Cabrillo Avenue to be closed at all
times and only opened when vehicles are exiting the facility.
RESOLUTION NO. 09-68
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this l0th day ofseptember, 2009, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, and SPIEGEL
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
City of Palm Desert, California
ROBERT A SPIE E , MAC-
2
RESOLUTION NO. 09-68
CONDITIONS OF APPROVAL
CASE NOS. PP/CUP 05-05 AND VAR 05-04 AMENDMENT #1
Department of Community Development:
1. All other conditions of approval from City Council Resolution No. 06-69 shall
remain in effect.
3