HomeMy WebLinkAbout24607RESOLUTION NO. 24607
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REVOKING A
CONDITIONAL USE PERMIT FOR THE NIGHTCLUB USE
AT 611 SOUTH PALM CANYON DRIVE, APN NO:
513-290-014, CASE 5.1279 CUP.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Fury Investments, Inc. ("Applicant" and "Operator'') filed a Conditional Use Permit
(CUP) application, Case 5.1279 CUP, with the City pursuant to Section 94.02.00 of the
Palm Springs Zoning Code (PSZC) to allow a nightclub use in a 5,720-square foot tenant
space, Suites 15 and 16, within a multi-tenanted commercial complex commonly known
as the Sun Center located at 611 South Palm Canyon Drive (Property), Zone C-1.
B. On September 12, 2012, the Planning Commission held a public hearing in
accordance with applicable law and adopted Resolution No. 6288, approving Conditional
Use Permit, Case 5.1.279 CUP, subject to conditions to protect the health, safety and
general welfare of the public, including but not limited to:
ADM 1 O. Grounds for Revocation. Non-compliance with any of the
conditions of this approval or with City codes and ordinances, State
laws; any valid citizen complaints or policing and safety problems
(not limited to excessive alcohol consumption, noise, disturbances,
signs, etc.) regarding the operation of the establishment; as
determined by the Chief of Police or the Director of Building and
Safety, inay result in proceedings to revoke the Conditional Use
Permit. In addition, violations of the City Codes and Ordinances will
result in enforcement actions which may include citations, arrest,
temporary business closure, or revocation of this permit in
accordance with law.
POL 2 Prior to initiating the use authorized by this Permit, the
applicant shall implement a security plan as approved by the Palm
Spring Police Department. The security plan shall contain
reasonable measures to assure that the business minimizes
potential security problems on the premises and the surrounding
area. The security plan shall be continuously maintained by the
applicant I operator and may be amended at any time by the Chief
of Police. Failure to maintain the security plan may result in
administrative citations, revocation of this permit or criminal
prosecution.
C. The nightclub use granted by Case No. 5.1279 CUP was thereafter established
and operational.
Resolution No. 24607
Page2
D. On January 31, 2019, the City of Palm Springs Police Department issued a
Memorandum describing the Operator's history of non-compliance with Condition of
Approval No. POL 2 referenced in Planning Commission Resolution No. 6288 and recital
B of this resolution. In sum, the operator agreed in 2012 to install security cameras in both
the interior of the business and the parking lot in accordance with the requirements of the
Security Plan. The Security Plan specified video footage shall be made available to the
Chief of Police (or designee) no later than two (2) business days after a request for
footage is made. The following table summarizes the events since 2012 that have
occurred and the Operator's response related to non-compliance with certain conditions
from Planning Commission Resolution No. 6288 (re-stated in recital B of this resolution)
and Security Plan:
Date Event Operator Response
05/03/2017 Police dispatched to nightclub related No security footage made
to assault. available to Chief of Police.
04/21/2018 Police dispatched to medical facility No security footage made
related to assault at nightclub parking available to Chief of Police.·
lot 04/18/18.
06/10/2018 Police dispatched to medical facility No functional security cameras
related to assault. durina time of incident.
10/2018 Police met with operator's employee to Operator made interior
discuss security camera system, noting cameras functional, but did still
interior cameras were not functional no functional cameras in
and there were still no cameras in the parking lot.
parkinq.
01/07/2019 Police dispatched to a residence No operable security cameras
related to earlier assault at the at the time of the incident.
niqhtclub.
01/20/2019 Police dispatched to nightclub related No functional video cameras at
to shooting in the parking lot, resulting the time of the event.
in one death and another critically
wounded victim.
E. Section 94.02.00.I of the Palm Springs Zoning Code allows the revocation of a
Conditional Use Permit for noncompliance with any of the conditions set forth in granting
a CUP.
F. On March 20, 2019, the City Council held a public hearing to consider revocation
or modification of Case No. 5.1279 CUP in accordance with applicable law, when the
Applicant provided testimony and agreed to (1) suspend business operations until after
the Council considered the matter at a later date and (2) work with the Police Department
on revising the Security Plan.
Res olution No. 24607
Page 3
G. At the meeting of March 20, 2019 , the City Council voted 4-1 to continue the public
hearing for revocation or modification of Case 5.1279 CUP to a date certain of
May 22, 2019.
H. On May 22, 2019 , the City Council conducted a continued public hearing to
consider revocation or modification of Case No. 5 .1279 CUP in accordance with
applicable law, at which hearing the Council carefully reviewed and considered all of the
evidence presented in connection with both hearings on the project , including , but not
limited to, the staff report , and all written and oral testimony presented.
I. The decision to revoke or modify a CUP involves enforcement actions by the City.
Pursuant to Section 15321 of the California Environmental Quality Act (CEQA)
Guidelines, such decisions are exempt from further CEQA review.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVES:
SECTION 1. That the findings and determinations reflected above are true and
correct , and are incorporated by this reference herein as the cause and foundation for the
action taken by and through this resolution .
SECTION 2 . That the operational history for Conditional Use Permit, Case No.
5.1279 CUP, has demonstrated non-compliance with Condition of Approval Nos. ADM 1 0
and POL 2 , as provided in Recital D of this resolution.
SECTION 3 . That the continued operation of the nightclub under Conditional Use
Permit, Case 5.1279 CUP , presents a danger to the health , safety and general welfare of
the public based upon the facts and findings stated in this resolution .
SECTION 4. Based upon the foregoing , the City Council hereby revokes
Conditional Use Permit, Case 5.1279 CUP , without prejudice , and the Operator shall
c ease and desist all nightclub operations at the Property , effective on the date this
resolution is adopted .
ADOPTED THIS 22ND DAY OF MAY, 2019 .
David H . Ready, Esq ., Ph
City Manager
Resolution No. 2 4 607
Page 4
STATE OF CALIFORNIA )
CERTIFICATION
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs , hereby certify that
Resolution No. 24607 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 May 22, 2019, by the following
vote:
AYES:
NOES:
ABSENT :
ABSTAIN :
Councilmember Middleton , Mayor Pro Tern Kors , and Mayor Moon
Councilmembers Holstege and Roberts
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs , California , this i(b day of :,s:..., --....c___ '2.o~':J