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HomeMy WebLinkAboutPC Resolution _6210- Case 5.0749 CUP-Revocation- Cocktail Loung 120 S Palm Canyon DrRESOLUTION NO.6210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING MODIFICATION OR REVOCATION OF A CONDITIONAL USE PERMIT (CASE NO. 5.0749-CUP-A) DUE TO NOW COMPLIANCE WITH CONDITIONS, FOR THE COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM CANYON DRIVE. WHEREAS, on July 30, 1997, the Planning Commission approved a Conditional Use Permit (Case 5.0749-CUP) to allow a cocktail lounge at 120 South Palm Canyon Drive; and WHEREAS, on February 13, 2008, the Planning Commission approved an amendment request to allow DJ music, expanded operating hours and outdoor music via speakers on the balcony for the cocktail lounge at 120 South Palm Canyon Drive; and WHEREAS, on April 27, 2011, the Planning Commission reviewed the Conditional Use Permit for the cocktail lounge and directed staff to begin revocation proceedings on the Permit (Case 5.0749 CUP -A); and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider a recommendation for revocation of Case 5.0749 CUP -A has been given in accordance with applicable law; and WHEREAS, on May 25, 2011, a public hearing to consider a recommendation for revocation of Case 5.0749-CUP was held by the Planning Commission in accordance with applicable law; 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: That the cocktail lounge operational history for Case 5.0749 CUP -A has shown to require additional City policing resources, beyond that of which is normally required for such operation. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends to the City Council: 1. Modify the Conditions of the Permit as follows: a. The CUP shall be reviewed by the Planning Commission six months and twelve months from the date of City Council action; Resolution No. 6210 May 25, 2011 Case 5.0749 CUP Revocation — Cocktail lounge; 120 S. Palm Canyon Drive Page 2 of 2 10 b. Within thirty days of City Council action, the applicant shall implement a security plan which has been reviewed and approved by the Directory of Planning Services and the Chief of Police; c. Condition No. 2 of Planning Commission Resolution 7115 shall be deleted. No amplified speakers or other sound amplification equipment is permitted on the outdoor balcony. 2. Consider revocation of the CUP if the applicant has not progressed towards receiving approval of a security plan, prior to the Council's public hearing. ADOPTED this 25" day of May 2011. AYES: 6, Conrad, Munger, Klatchko, Hudson, Donenfeld and Chair Caffery NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 2