HomeMy WebLinkAboutRes 06-97 PP 03-11 Amendment 1RESOLUTION NO. 06-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING AN AMENDMENT TO
AN APPROVED PRECISE PLAN OF DESIGN AND PARKING
ADJUSTMENT TO ALLOW A DRIVE-THRU SPECIALTY
COFFEE OUTLET ADJACENT TO COOK STREET, PAD #4,
37-825 COOK STREET.
CASE NO. PP 03-11 AMENDMENT #1
WHEREAS, the City Council by its Resolution No. 04-26 did on April 8, 2004 approve
Case No. PP 03-11, subject to conditions; and
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 16th day of May, 2006, by its Resolution No. 2396 recommend approval of this
application; and
WHEREAS, a drive-thru restaurant was considered on this site as part of the CEQA
review of the original PP 03-11 project for which a Negative Declaration of Environmental
Impact was certified; 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:
1. The site is not within the designated Freeway Commercial Overlay Zone.
2. That the quality of the architectural design of the proposed drive-thru facility is
not sufficient to warrant approval.
3. That the landscape/patio area design is insufficient to warrant approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
Califomia, 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 Case No. PP 03-11 Amendment #1,
for the above noted reasons.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this day of , 2006, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES FERGUSON, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
CITY COUNCILC3ION:
APPROVED ✓ DENIED
RECEIVED OTHER 4W
f -/vv. C4p-97
MEETING DATE /„ . ,�� •O4o
AYES : eletZSM. ents„ KM(' S1effI aryl F--crqusc)1
NOES : �/(►n •
ABSENT:
ABSTAIN: Vate
VERIFIED BY:
Original on File th City Clerk
* Waived further reading and adopted Res. No. 06-97, with the understanding
that it does not in any way intend to inhibit or stifle the Applicant's
ability to develop the property in a way that is consistent with his project.
but simply refers specifically to the issue about whether or not a drive-thru
facility is acceptable; and while denying the request for amendment, the
City Council encourages the Applicant to continue a dialog with the City
for a use that is creative, profitable, and appropriate for the site.