HomeMy WebLinkAbout20018 - RESOLUTIONS - 4/4/2001 RESOLUTION 20018
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, '
CALIFORNIA OVERRULING WITHOUT PREJUDICE A DECISION
BY THE PLANNING COMMISSION TO ISSUEACONIDITIONAL USE
PERMIT FOR A MOTORCYCLE RENTAL USE AT 490 SOUTH
INDIAN CANYON DRIVE, ZONE "C-2" GENERAL COMMERCIAL.
WHEREAS lawful action taken by the Palm Springs City Council on November 1, 2000
amended the Palm Springs Zoning Ordinance so as to permit Motorcycle Rental in the"C-1"
and "C-2" zoning districts subject to the issuance of a Conditional Use Permit by the
Planning Commission; and
WHEREAS, the Planning Commission conducted a public hearing during its meeting of
December 13, 2000 and January 10,2001 for the purpose of considering an application for
Motorcycle Rental on property zoned "C-2;" and
WHEREAS,the Planning Commission public hearing of December 13, continued to January
10, 2001, was duly noticed in accordance with State and local requirements; and
WHEREAS, the Planning Commission considered the application as well as all testimony
presented during the public hearing of December 13,2000 and January 10,2001 and found
that the findings necessaryforthe issuance of a Conditional Use Permit to be met given the
accompanying Conditions of Approval; and
WHEREAS, the Historic Tennis Club Neighborhood filed an appeal of the decision of the
Planning Commission in accordance with Section 2.05 of the Municipal Code; and
WHEREAS, the Palm Springs City Council conducted a public hearing during its meeting
of March 7, 2001 to receive testimony regarding the request for a Conditional Use Permit;
and
WHEREAS, at the conclusion of the public hearing,the City Council found that the findings
necessary for the issuance of a Conditional Use Permit were not met due to the proximity,
less than 300 feet, of the proposed location to both the Historic Tennis Club and the Vista
Santa Rosa residential neighborhoods; and
WHEREAS, at the conclusion of the public hearing, the City Council found that the finding
necessary for the issuance of a Conditional Use Permit were not met due to the noise
impacts associated with the proposed use;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
Section 1: Based upon the evidence presented atthe meeting of March 7,2001,the City
Council finds thatthe site forthe intended use is iin conflictwith the adjacent
residential neighborhoods of Vista Santa Rosa andthe Historic Tennis Club
due to noise and safety impacts; and
Resolution 20018
Page 2
Section 2: The decision of the Planning Commission to issue a Conditional Use Permit
' for a Motorcycle Rental Use at490 South Indian Canyon Drive is overruled.
Section 3 The request for a Conditional Use Permit for a Motorcycle Rental Use is
denied without prejudice.
Section 4 The staff is directed to assist the applicant in identifying alternative sites
within the corporate limits that will meet the needs of the business while
satisfying the findings necessary for the issuance of a Conditional Use
Permit.
Section 5: All fees paid to the City for the processing of the subject Conditional Use
Permit shall be applied to a future Conditional Use Permit application by the
same applicant for the same use at a different location provided such
application is made within one year of the date of this resolution.
Adopted this 4tb day of April 2001.
AYES. Members Hodges, Jones, and Reller-Spurgin
NOES: Member Oden and Mayor Kleindienst
ABSENT: None
AT T: CITY OF PALM SPRINGS, CALIFORNIA
By. e _ %!f
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
4 a.