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HomeMy WebLinkAboutCC RES 2014-57RESOLUTION NO. 2014- 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPHOLDING THE ARCHITECTURAL REVIEW COMMISSION'S DECISION TO ALLOW AN EXCEPTION TO PALM DESERT MUNICIPAL CODE SECTION 25.40.080 FENCES AND WALLS TO ALLOW A WOOD PICKET FENCE VISIBLE FROM THE SURROUNDING ROADWAY AT 77-355 MINNESOTA AVENUE CASF. NO. MISC 14-150 WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 13th day of May, 2014, hold a duly noticed public hearing to consider the request by Ms. Ruth Meyer and Ms. Glenda Adams for an exception to the City's fence and wall ordinance; and WHEREAS, the Architectural Review Commission made the required findings in accordance with Section 25.40.080.F of the Palm Desert Municipal Code and approved the applicant's request for an exception to the fence and wall ordinance; and WHEREAS, the decorative nature, aesthetic quality, and pre-existing conditions of the fence make the literal interpretation of the standards set in Section 25.40.080 of the Palm Desert Municipal Code contrary with the purpose of the City's fence and wall standards; and WHEREAS, this item was called up by the City Council for further discussion and review and has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2014-41, 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 upholding the Architectural Review Commission's decision to allow for an exception to the City's Fences and Wall Ordinance: 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 uphold the Architectural Review Commission's decision to grant an exception to the City's fence and wall ordinance. RESOLUTION NO. 2014- 57 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, Califomia, at its regular meeting held on the 12th day of June 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: c C-S--, RAC ELLE D. ROkS.StN,tf` 'Y CLERK CITY OF PALM DESERT, CALIFORNIA \lsrv-fi12k3\groups1Planning\Eric CejalCase Files\MISC\MISC 14-150 Meyers_Adams Wall Exception\MISC 14-150 CC Resolution . do cx 2