HomeMy WebLinkAboutPC Resolution _4843- Case 5.0857 CUPRESOLUTION NO.4843
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING AN
APPLICATION BY JASON KELLEHER, EDDIE CINQUE AND
MICHELE CINQUE, FOR A FIVE-YEAR TIME EXTENSION OF A
CONDITIONAL USE PERMIT TO OPERATE A COCKTAIL
LOUNGE AND NIGHTCLUB AS A PRIMARY USE IN THE C-1
ZONE, THE TOUCANS TIKI LOUNGE, LOCATED AT 2100 NORTH
PALM CANYON DRIVE, ZONE C-1, SECTION 3.
WHEREAS, the Planning Commission has received a request for a five year time extension for
Conditional Use Permit No. 5.0857, to allow a cocktail lounges and nightclubs as a primary use in
the C-1 zone; and
WHEREAS, on January 24, 2001, the Conditional Use Permit was approved by the Planning
Commission, for an initial period of two years; and
WHEREAS, on February 7, 2001, the City Council granted approval of a Resolution of
Convenience and Necessity for this use; and
WHEREAS, on January 23, 2003, the applicant submitted a time extension request, which was
received prior to the expiration date of the use permit; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including but not limited to the staff report, and
all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows
Pursuant to CEQA, the Planning Commission finds that this project is categorically
exempt from California Environmental Quality Guidelines (CEQA).
Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that:
a. The use applied for at the location set forth in the application is properly one for which a
Conditional Use Permit is authorized by the City's zoning ordinance.
Section 92.12.01.D.9 of the Zoning Ordinance allows cocktail lounges and nightclubs as a
primary use in the C-1 zone, with a conditional use permit.
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The said use is necessary or desirable for the development of the community, and is'in
harmony with the various elements or objectives of the General Plan, and is not detrimental to
the existing or future uses specifically permitted in the zone in which the proposed use is to be
located.
The proposed use and improvements are necessary or desirable for the development of the
community and will allow for the convenience of residents, guests and visitors to the City.
C. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping and other features required in order to
adjust said use to those existing or permitted future uses of land in the neighborhood.
A such, the project site is adequate in size and shape to accommodate the proposed use and
required parking and other features required in order to adjust the proposed use to those
existing and future uses of land in the vicinity. The building is existing and meets all current
setback requirements.
J. The site for the proposed use relates to streets and highways properly designed and improved
to cant' the type and quantity of traffic to be generated by the proposed use.
The project site is accessed by public streets which are adequate to serve the neighborhood
within which the site is located. The use will not intensify uses on the site or in the area.
The conditions to be imposed are deemed necessary to protect the public health, safety and
general welfare, of the existing neighborhood in which this project is situated.
All proposed conditions of approval are necessaryto ensure compliance with Zoning Ordinance
requirement and to ensure the public health, safety and welfare.
VOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
iereby approves a five year time extension for Conditional Use Permit 5.0857-CUP, through April 22,
2005, subject to those conditions set forth in the attached Exhibit A.
NDOPTED this 23' day of April, 2003.
%YES: Klatchko, Caffery, Marantz, Grence, Conrad, Shoenberger
gOES:
%BSENT: Matthews
NBSTENTIONS:
%TTEST:
.'Fhairma6 of the Planning Commission
CITY OF PALM SPRINGS, CALIFORNIA
Secretary the Planning Commission