HomeMy WebLinkAbout23287 RESOLUTION NO. 23287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL
BY DESERT SCAPES WELDING, INC. AND UPHOLDING
THE DECISION OF PLANNING COMMISSION TO DENY A
REQUEST TO RELOCATE DRIVEWAY GATES AT 1233
AND 1235 SOUTH GENE AUTRY TRAIL
(CASE 3.0452 MAA).
WHEREAS, Desert Scapes Welding, Inc. ("Applicant") filed a Minor Architectural
Application, Case 3.0452 MAA, to allow relocated driveway gates at 1233 & 1235 South
Gene Autry Trail, Zone M-1, Section 19; and
WHEREAS, on August 2, 2012, the Planning Director denied Case 3.0452 MAA
to relocate driveway entry gates at two properties located at 1235 & 1233 S. Gene
Autry Trail; and
WHEREAS, on August 13, 2012, the applicant filed an appeal of the Planning
Director's denial decision; and
WHEREAS, Sections 94.04.00(E)(2)(b) of the Palm Springs Zoning Code allows
decisions by the Director of Planning Services to be appealed to the Planning
Commission; and
WHEREAS, on September 12, 2012, the Planning Commission carefully
reviewed and considered all of the evidence presented in connection with the meetings
on the project, including but not limited to the staff report, and all written and oral
testimony presented and voted 5-0 to deny the appeal; and
WHEREAS, Desert Scapes Welding, Inc. ("Applicant" and "Appellant") has filed
an appeal, pursuant to Chapter 2.05 of the Municipal Code, of the Planning
Commission's decision to deny Case 3.0452 MAA; and
WHEREAS, on January 2, 2013, a public meeting on the appeal was held by the
City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the appeal hearing on the project, including, but
not limited to, the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Municipal Code Section 2.05.030, and the appellant's stated
grounds for the appeal includes the following:
Resolution No. 23287
Page 2
1. "These parking areas are used for employee parking only and the gates are
located to allow company vehicles to be secured against theft at night. Theft and
break-ins on company vehicles is a continuing problem."
2. "Neither Desert Scapes Welding, nor the majority of the other business owners
are retail businesses. So they don't bring in the general public. There is plenty
of parking in the front of the building for visitors and that has not been a
problem."
SECTION 2. In response to the above, the City Council finds as follows: The original
site plan approved by the Planning Commission allowed a limited number of parking
spaces with restricted access for each property. Unrestricted parking included a certain
number of spaces for joint use on each property. The further restriction of parking
would impede the joint use of available parking within the industrial complex beyond
that which was granted by the Planning Commission in 1989.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby denies the appeal and upholds the Planning Commission's decision to
deny Case 3.0452 MAA.
ADOPTED THIS 2ND DAY OF JANUARY, 2013.
�David H. Ready, anager
ATTEST:
Ames Thompson, City Clerk
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. 23282 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on January 2, 2013, by the
following vote:
AYES: Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: Councilmember Foat and Councilmember Hutcheson.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk I f
City of Palm Springs, California