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Home My WebLink AboutTUP 09-179 - Toyota of the Desert Auto Sale CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Uphold the Director of Community Development's denial of a Temporary Use Permit for an auto sale in the Highway 111 parking lot at Westfield shopping center for Toyota of the Desert, located at 72-840 Highway 111. SUBMITTED BY: Kevin Swartz CiT'YCOUNC'ILA�1'ION Assistant Planner APPROVED__,�L,:______DENiED APPLICANT: Toyota of the Desert RECEIVED OTHER 68105 Kyle Rd. MEETtNG DATE Cathedral City, CA 92234 AYES: �/� � ` NOES: CASE NO: TUP 09-179 ABSENT: 1 AI3STAIN: DATE: May 7, 2009 VERIFiED BY: Original on File with City erk's Office CONTENTS: Exhibits * By Minute Motion, approved the subject T[TP Letterrequest for an auto sale in the Aighway 111 Parking Lot of Westfield Shopping Center May 14-17, , su �ec o s ric con ro o a aes hetics. Recommendation: 4=1 (Benson NO) That, by minute motion, the City Council reaffirm the Director of Community Development's denial of a TUP request, based on location for an auto sale in the Highway 111 parking lot of Westfield shopping center. Executive Summary: Approval of the staff recommendation would deny a Temporary Use Permit for an auto sale at the south parking lot of Westfield, facing Highway 111. The Temporary Use Permit could be approved by staff if the applicant re-locates the event to the north "back 40" parking lot. Background: After the last used car sale event at the Westfield shopping center over Labor Day 2002, the Council directed staff to cease approving permits for these events. Previously, the Council had authorized up to three sales per year in the off-season between Easter and Thanksgiving in the north "back 40" parking lot. On April 10, 2003 Staff Report TUP 09-179 May 7, 2009 Page 2 of 2 the Council approved, on a case by case basis, permitting special sales events including used car sales in the north "back 40" parking lot between Easter and Thanksgiving. Car sales have been historically approved as Temporary Uses at limited locations based on Subsection 25.64.040.A of the municipal code, which allows carnivals, circuses and other special events for up to ten days per calendar year. With only a few exceptions, car sales have occurred only in the north "back 40" parking lot at Westfield. Discussion: On April 16, 2009, an application was submitted for a Temporary Use Permit for an auto sale at Westfield shopping center, located at the south parking lot facing Highway 111. The event will take place on May 14, 2009 through May 17, 2009. Staff reviewed the application and denied the applicant's request based on the location of the event. Staff explained to the applicant that the Temporary Use Permit could be approved if the applicant re-located the event to the north "back 40" parking lot, where auto sales have been allowed and approved. The applicant has submitted a letter (attached) indicating that they will not have balloons, banners or adverse advertising located on City property. Staff is concerned with the aesthetic impact of a used car lot facing Highway 111, regardless of the associated advertising. Conclusion: Staff is not denying the applicant of an auto sale at Westfield, but believes that auto sales at Westfield should take place in the north "back 40" parking lot, to prevent clutter and the appearance of a used car lot on Highway 111. Staff recommends that the Council uphold the decision of the Director of Community Development. Submitted By: Department Head� �G /� .s�— Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: ,p ro a �-�� --�c��7 �t Homer Croy o M. Wohlmuth ACM for Development Services ty Manager G:�Planning�[Cevin Swartz\Word\TUP appeal to CC.doc d i �� Y � 5 � a _ � � � � �� , r� 3nrv3nv �.3a3t�w � i —__ - �—"-_ ' �� , �_--�; - � � � � �-�---�a � s � " -" � � .: ��—��z� � z �1t;�1 � � �� {��;�� ,i N "� � �' .� ��;� � � - � � : ft�1��4� - ��---�, ,_ I ` �'—�' Q--a ` � � � R�� 9 � �—�i Ea (�—�l J I � ��= � -�� , l m� a � ' � L. �-r �j $ �€ „'� � � � � � 3� � � �; ! � �_� � �� : l �� n �� ^�a � �--a (�---�J � _ �U i' (?--a / —) — J l�-__� � �� "� �.---� — -� — 6—�J E �—� i > � � �--a (�--� — Q -- �� r', / T iI 6---� �,—� '/ ? �—� � fl �Q I I � � �—a � � � p ;�� ,� �� , n I/ � � � p .� � � � � �� Q---a - �.; Q--,� J =e � � � �- ��—�, � �� a I / � Q--� —� L� � ��l ❑�� / �� 1 �, � o n g �C�—r ,-� 3i111 F6tlM tltlJ � � �� / NV1A400� NV]Itl�IVV v. �^ /� r �= L 1f � � / �f u ✓-- � I J �_.__---_-� �� / . Q �___" . _ _'_"`___""_____ l J / ``"`-_-_ _ __ - - 't""""',. Z.._ � _- -"- __ I._ ._"'�.`__"""'-.\ ;\ __ `_--_� � �__ _ _ ,-` ` �. ,ldM 2J31N3� NMOL �-- 6.p�5-}uwp�yod\LOOi S31J 10�d��1 est�ie�d� Palm Desert 72840 Highway 111 Palm Desert,CA 92260 Telephone (760)346-2121 Facsimile (760)341-7979 April 16, 2009 Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom It May Concern: This letter is in reference to the Temporary Use Permit application for Toyota of the Desert auto sale on May 14th to May 17th at Westfield Palm Desert. Per our discussion Westfield will partner with Toyota of the Desert to insure that there are not any balloons, banners or adverse advertising located on any City property. Toyota of the Desert has assured me of continuing partnership to insure that the Auto Sales is a success for West�eld, Toyota and the City of Palm Desert. Finally, Westfield Palm Desert Management will police the event area and the Westfield Palm Desert development throughout the entire event to insure all rules and regulations are followed. Please let me know if there are any other questions. Sincerely, �� Brent Wise General Mana�er