HomeMy WebLinkAboutCC RES 2014-38RESOLUTION NO. 2014- 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE
ARCHITECTURAL REVIEW COMMISSION'S DECISION TO DENY A
REQUEST FOR AN EXCEPTION TO PALM DESERT MUNICIPAL CODE
25.040.80 FENCES AND WALLS CASE NO. MI SC 14-081
WHEREAS, the Architectural Review Commission of the City of Palm Desert,
California, did on the 25th day of March, 2014, hold a duly noticed public hearing to
consider the request by Mr. Peyton McElyea for an exception to the City's fence and wall
ordinance; and
WHEREAS, the Architectural Review Commission could not make the required
findings in accordance with Section 25.40.080.F of the Palm Desert Municipal Code and
denied the applicant's request for an exception to the fence and wall ordinance; and
WHEREAS, no new evidence has been presented to show that unusual
circumstances exist which make the literal interpretation of these standards impractical
with the standards set in Section 25.40.080 of the Palm Desert Municipal Code that would
permit an exception to the City's fence and wall standards; and
WHEREAS, said appeal has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the Califomia Environmental Quality Act,"
Resolution No. 2013-16, the Director of Community Development has determined that the
proposed action qualifies as a Class 3 (15303(e)) categorically exemption under CEQA,
and is not subject to further environmental review.
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 the applicant's appeal
of the Architectural Review Commission's decision:
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 deny the applicant's appeal of the
Architectural Review Commission's decision and upholds the Architectural
Review Commission's decision denying an exception to the City's fence and
wall ordinance.
RESOLUTION NO. 2014- 38
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 8th day of May
2014, by the following vote, to wit:
AYES: BENSON, HARNIR, SPIEGEL, WEBER, and TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VAN G. TANNER, MAYOR
ATTEST:
RA HELLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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