HomeMy WebLinkAbout18936 - RESOLUTIONS - 11/20/1996 RESOLUTION NO. 18936
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RESCINDING RESOLUTION
18901 OVERRULING THE PLANNING COMMISSION
DECISION TO APPROVE CONDITIONAL USE PERMIT NO.
5 . 0708 FOR A BAR/NIGHTCLUB, SUBJECT TO THE
CONDITIONS STATED, LOCATED AT 1117 N. PALM
CANYON DR. , C-1 ZONE, SECTION 10 .
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 Use 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, after carefully reviewing and
considering all of the evidence presented in conjunction with the
hearing of the appeal, adopted Resolution 18901 overturning the
Planning Commission decision to approve Conditional Use Permit
5 . 0708; and
WHEREAS, on October 2, 1996 , Ray Lyons petitioned the City
Council to rehear the appeal; and
WHEREAS, on October 23 , 1996, the City Council decided to grant a
rehearing; and
WHEREAS, on November 20, 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 one of the
Councilmembers participated in discussion
regarding, and acted on, Resolution 18901 while
having a conflict of interest . The Councilmember
was unaware of this conflict at the time of
participation.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
the City Council rescinds Resolution 18901 overturning the
Planning Commission action regarding Conditional Use Permit No.
5 . 0708 . '
ADOPTED this 20'th clay of _ November 1996 .
AYES : Members Barnes, Hodges , Oden and Spurgin
NOES : None
ABSENT: None
ABSTAIN: Mayor K7eindienst;
ATTEST: CITY OF PALM SPRRIINGS, CALIFORNIA
Cit P—lerkCity Manager
REVIEWED & APPROVED Q ���