HomeMy WebLinkAbout21932 - RESOLUTIONS - 6/13/2007 RESOLUTION NO. 21932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING AN APPEAL
AND UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO UPHOLD THE DECISION OF THE
DIRECTOR OF PLANNING SERVICES TO ALLOW RELIEF
FROM PALM SPRINGS ZONING CODE SECTION
93.06.00 (E) (4) FOR THE COLONY PALMS HOTEL
LOCATED AT 572 N. INDIAN CANYON DRIVE.
WHEREAS, on April 13, 2007, the Director of Planning Services granted relief to the
Colony Palms Hotel to the requirement for a five-foot separation between parking
curbing and an adjacent wall (Palm Springs zoning Code Section 93.06.00(E)(4)); and
WHEREAS, on April 20, 2007 Ken Levin of 544 N_ Indian Canyon Drive, filed an appeal
of the Director of Planning Services' April 13, 2007 decision for the Colony Palms Hotel;
and
WHEREAS, on May 9, 2007, the Planning Commission, following 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, adopted Resolution No. 6096, denying the appeal and
upholding the decision of the Director of Planning Services; and
WHEREAS, on May 23, 2007 Ken Levin of 544 N. Indian Canyon Drive, filed an appeal
of Planning Commission's May 9, 2007 decision in the matter; and
WHEREAS, on June 13, 2007 the City Council conducted a public hearing on the
appeal by Ken Levin, at which hearing the Council reviewed all of the evidence
presented in connection with the matter, including, but not limited to, the staff report and
exhibits prepared on the matter, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the decision by the Planning Commission to uphold the decision of
the Director of Planning Services to allow the Colony Palms Hotel at 572 N. Indian
Canyon Drive to reduce the distance between parking curbs and adjacent walls to less
than the required minimum five feet separation of Section 93.06.00 (E) (4) meets the
requirements of Palm Springs Zoning Code Section 93.06.00(E) and 93.06.00(B)(10)
for relief from parking standards because:
1. Strict enforcement of the five-foot separation would cause a practical
' difficulty in that it would either reduce the size of the parking spaces to an
unacceptably shallow depth or require removal of the privacy walls
surrounding the existing hotel building.
Resolution No. 21932
Page 2
2. Requiring the full five foot separation would result in a hardship to the
property owner and would deprive the property owner of privileges allowed
to others in the zone, namely, the loss of required parking or the loss of
privacy and security for occupants of the building.
3. That special circumstances exist to justify the reduction; namely the
location of the existing buildings near the property lines along Via Colusa
and the proximity of appropriate privacy walls to the parking area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby rejects the appeal and upholds the decision of the Planning
Commission to uphold the decision of the Director of Planning Services to allow the
Colony Palms Hotel at 572 N. Indian a reduction from 5 to 2.5 feet the separation
between the parking curbs and the adjacent walls along Via Colusa.
ADOPTED this 13th day of June, 2007.
David H. Ready, City Ma
ATTEST:
//w
' es Thompson, City Clerk
' Resolution No. 21932
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21932 is a full, true, and correct copy, and was duly adopted at an
adjourned regular meeting of the City Council of the City of Palm Springs on the 13th
day of June, 2007, by the following vote:
AYES: Councilmember Foat, Councilmember McCulloch, and Mayor Pro Tern
Pougnet, and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
.l
' a es Thompson, City Clerk
ity of Palm Springs, California