HomeMy WebLinkAbout18775 - RESOLUTIONS - 2/7/1996 RESOLUTION NO. 18775
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, UPHOLDING THE ISSUANCE OF
A NOTICE OF VIOLATION BY THE COMMUNITY
PRESERVATION OFFICER TO GERALD AHERN, FLAG &
KITE FACTORY,, 314 N. PALM CANYON DRIVE, C-B-D ,
ZONE, SECTION 15 .
WHEREAS the Community Preservation Officer observed the outdoor
display of merchandise at property known as Windmagic and located
at 314 N. Palm Canyon Drive; and
WHEREAS such display is in violation of Section 9209 . 04F. of the
Zoning Ordinance which prohibits the outdoor display of
merchandise, and Section 9320 . 04 . 1 of the Zoning Ordinance which
prohibits the exterior display of flags, banners, and pennants,
these types of items characterizing the merchandise sold by
Windmagic; and
WHEREAS Section 11. 72 . 080 of the Municipal Code states that a
property is a public nuisance if it violates the provisions of
the Zoning Ordinance; and
WHEREAS the City Clerk received a letter from George Ahern, Flag
& Kite Factory, dated December 18 , 1995, appealing the issuance
of said Notice on the grounds that the merchandise displayed is
reasonable and particularly appropriate for the holiday season
and is not unlike other similar displays; and
WHEREAS the City Council has carefully reviewed and considered '
all. of the evidence presented in connection with said appeal,
including, but not limited to, the staff report and all written
and oral testimony presented at a hearing during its meeting of
January 17 , 1996 .
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Section 9209 . 04F. of the Zoning Ordinance
prohibits the outdoor display of merchandise in the C-B-D Zone.
Furthermore, Section 9320 . 04 . 1 of the Zoning Ordinance defines
flags, banners, pennants, inflatable objects and balloons as
prohibited signs . And furthermore, Section 11 „ 72 . 080 defines
violations of the Zoning Ordinance as a Public Nuisance to be
abated.
Section 2 : Gerald Ahern, Flag & Kite Factory, doing business
as Windmagic at 314 N. Palm Canyon Drive, displayed merchandise
which is normally sold at this location outside of the building
and which merchandise can also be classified as being flags,
banners and pennants .
Section 3 : The Community Preservation Officer appropriately
issued the Notice of Violation to the business owner, Gerald
Ahern, Flag & Kite Factory, his outdoor display of merchandise at '
314 N. Palm Canyon Drive, commonly known as Windmagic, being
violations of Section 11. 72 . 080 of the Municipal Code and
Sections 9209 . 04F. & 9320 . 04 . 1 of the Zoninq Ordinance.
Section 4 : The process by which said Notice: was issued
conforms to the regulations set forth by Chapter 11. 72 of the
Municipal Code and did not substantially differ from the process
by which Notices of Violation are issued to any other party.
R18775
Page 2 Q
Section 5 : There exist reasonable means for the abatement of 0
the violations for which the Notice of Violation was issued.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
the City Council hereby upholds the issuance of said Notice of
Violation to Gerald Ahern, Flag & Kite Factory, for violations of
the Municipal Code, as stated in said Notice, at 314 N. Palm
' Canyon Drive; and
ADOPTED this 7th day of February 1996 .
AYES: Members Barnes, Hodges and Mayor Kleindienst
NOES: Members Oden and Spurgin
ABSENT: None
ATTEST: CITY
O PALM S G�CALIFORNIA
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Clerk City M ge
REVIEWED & APPROVED AS TO FORM lrl-F<—�
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