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HomeMy WebLinkAbout19909 - RESOLUTIONS - 9/20/2000 RESOLUTION 19909 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA PROVIDING A DECISION ON AN APPEAL BY PROPERTY OWNER PARHAM NOOR ESFANDIARI OF A DECISION BY THE PLANNING COMMISSION TO DENY A REQUEST FOR A TIME EXTENSION OF A NONCONFORMING USEAND EXTERIOR MODIFICATIONS TO PROPERTY LOCATED AT 3775 EL DORADO BOULEVARD, R-1-D ZONE, SECTION 34. WHEREAS in accordance with Section 9405.0401 ofthe Palm Springs Zoning Ordinance, any interruption of a nonconforming use for one hundred eighty(180)days shall causethe use to lapse and such use shall not be reinstated or further continued unless specifically permitted bythe Planning Commission aftera hearing in accordancewith Section 9405.06 of the Zoning Ordinance; and WHEREAS the Planning Commission conducted a public hearing in accordance with Section 9405.06 of the Zoning Ordinance on August9,2000 forthe purpose of considering a time extension for a nonconforming use that ceased for in excess of one hundred and eighty days at property located at 3775 El Dorado Boulevard; and WHEREAS the Planning Commission found during the public hearing that the nonconforming use of multifamily residential is in conflict with both the General Plan designation and zoning designation for this property; and , WHEREAS in response to property maintenance problems and criminal activity,the City of Palm Springs has been working in cooperation with the residents, property owners and clergy of the Desert Highlands Gateway neighborhood for the past seven years in the development and implementation of the Recapture Our Neighborhoods program; and WHEREAS property maintenance problems and criminal activity in the Desert Highlands Gateway neighborhood has been found primarily on property developed as multifamily residential; and WHEREAS the subject property is located in the Desert Highlands Gateway neighborhood; and WHEREAS the Planning Commission found during the public hearing that the nonconforming use is in conflict with the goals and objectives of the Recapture Our, Neighborhoods program; and WHEREAS the Planning Commission found during the public hearing that: the both the existing General Plan designation and the zoning designation for single family development is consistent with the goals and objectives of the Recapture Our Neighborhoods program; and WHEREAS the action of the Planning Commission to deny the request for a time extension , of a nonconforming use at 3775 El Dorado Boulevard is consistentwith adopted City plans, programs, policies, and regulations. Resolution 19909 Page 2 Case Nos.5.0829 and 3.1902: Appeal Resolution September 20, 2000 Page 2 NOW THEREFORE BE IT RESOLVED bythe City Council of the City of Palm Springs that the decision of the Planning Commission to deny the request for a time extension of a nonconforming use and exterior modification to property located at 377 El Dorado Boulevard, R-1-D Zone, Section 34 is upheld. Adopted this 20 day of September, 2000. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Rleindienst NOES: None ABSENT: None ATTEST:: CITY cO-F—PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED AS TO FORM