HomeMy WebLinkAboutPC Resolution _6357- Case LUP 13-053RESOLUTION NO.6357
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA UPHOLDING THE
DECISION OF THE DIRECTOR OF PLANNING SERVICES
AND DENYING AN APPEAL BY TAREEF TALALA TO
EXPAND AN OUTDOOR PATIO ONTO THE PUBLIC
RIGHT-OF-WAY AT THE VILLAGE PUB AT 266 SOUTH
PALM CANYON DRIVE, APN 513-154-016.
WHEREAS, on July 9, 2013, Tareef Talala, owner of the Village Pub submitted Land
Use Permit application (Case 13-053) requesting a patio expansion onto the public
right-of-way; and
WHEREAS, Sections 92.09.01(C)(f) of the Palm Springs Zoning Code allows outdoor
dining including beverage service on the public right-of-way in the Central Business
District (CBD) zone with the approval of a Land Use Permit, and Section 94.02.01(D)(3)
grants the Planning Director authority to conduct an investigation and render a decision
on all Land Use Permits; and
WHEREAS, on July 16, 2013, the Planning Director issued a written letter of denial for
the request to expand an outdoor patio onto the public right -of- way at the Village Pub;
and
WHEREAS, on July 23, 2013, the property owner representative, Attorney Joseph
Roman filed an appeal request of the Planning Director's decision; and
WHEREAS, on September 25, 2013, the Planning Commission conducted a public
review of the appeal request, including all of the evidence presented in connection with
the matter, including, but not limited to, the staff report prepared on the matter, and all
written and oral testimony presented; and
WHEREAS, the City of Palm Springs has adopted a General Plan and the Downtown
Urban Design Guidelines including recommendations on sidewalk widths.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: That the decision by the Director of Planning Services to deny the request
to expand an existing restaurant patio onto the public right-of-way narrowing the
sidewalk in conflict with the Downtown Urban Design Guidelines to be upheld.
Pedestrian sidewalks shall not be less than ten (10) feet wide where possible.
Section 2: That the Downtown Urban Design Guidelines requiring ten (10) feet for
pedestrian access; ten (10) feet for outdoor dining; and three (3) feet for landscaping
creates a vibrant pedestrian and business friendly downtown. A clear defined edge
between the public space and private property is in the public interest and
encroachments shall not be permitted into the ten (10) foot pedestrian walkway.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby rejects the appeal and upholds the decision of the Director of
Planning Services.
ADOPTED this 25" day of September 2013.
AYES: 7, Calerdine, Klatchko, Lowe, Roberts, Weremiuk, Vice -Chair Hudson,
Chair Donenfeld
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
Z" I A- A
Margo Wheeler, A) P
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
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