HomeMy WebLinkAbout18901 - RESOLUTIONS - 9/18/1996 �Q1 ,L-�ILL.QL�
RESOLUTION NO. 18901
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA., OVERRULING THE PLANNING
COMMISSION DECISION TO APPROVE CONDITIONAL USE
PERMIT NO. 15 . 0708 FOR A BAR/NIGHTCLUB, SUBJECT
TO THE CONDITIONS STATED, LOCATED AT 1117 N.
PALM CANYON DR. , C-1 ZONE, SECTION :LO . ,
WHEREAS Camille Ibarra and Ray Lyons ( "applicant" ) have, filed an
application with the City of :Palm Springs pursuant to Section
9402 . 00 of the Zoning Ordinance for a Conditional• U'se Permit for
a bar/nightclub located at 1117 N. Palm Canyon. Dr. , C-1 Zone,
Section 10; and
WHEREAS, on July 24 , '1996, the Planning Commission approved the
request for a Conditional Use Permit for the bar/nightclub
facility; and
WHEREAS Peter Behman, of Las Palmas Retirement: Villas, submitted
a letter of appeal of the Planning Commission decision to the
City Clerk; and
WHEREAS Notice of a Public Hearing of the City Council of the
City of Palm Springs to consider the appeal of the Planning
Commission decision to approve the Conditional. Use Permit was
given in accordance with applicable law; and
WHEREAS, on September 4, 1996, a public hearing on the subject
appeal for Conditional Use Permit 5 . 0708 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 conjunction with the hearing of
the appeal, including„ but not limited to, the staff report, and
all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS :
Section 1 : The City Council finds that the! project is
categorically exempt from the requirements of CEQA
pursuant to Section 15301 .
Section 2 : Pursuant to Zoning Ordinance Section 9402 . 00, the
City Council finds that the use, applied for is
detrimental to existing uses or to future uses
specifically permitted in the proximate area in
which the proposed use is proposed to be located.
The subject site, having been occupied illegally
by the same use as the one currently proposed, has
a record of public nuisance/criminal activity
related to the past bar/nightclub activity. It is
reasonable: to expect that this 'Level of activity ,
will continue. The proposed use is also
incompatible with the residential uses to the
south and west by virtues of this public
nuisance/criminal activity and Joy the noise likely
to be emitted from the subject use.
R18901
Page 2 p�
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
the City Council hereby overrules the Planning Commission
decision and hereby denies Conditional Use Permit No. 5 . 0708 .
ADOPTED this 18th day of September , 1996 .
AYES : Members Barnes, Hodges and Mayor Kl.eindeinst
' NOES : Member Oden
ABSENT: Member Spurgin
ATTEST: CITY CY PAL SPRING RING ALIFORNIA
City--Clerk City Manager
REVIEWED & APPROVED �50