HomeMy WebLinkAbout18946 - RESOLUTIONS - 12/18/1996 RESOLUTION NO. 18946
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, 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, acted to overrule the Planning Commission
decision to grant Conditional Use Permit 5 . 0708 ; and
WHEREAS, on October 2 , 1996, Ray Lyons submitted a petition Eor
rehearing; 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, on November. 20 , 1996 , the City Council. adopted
Resolution No. 18936 rescinding its action adopting Resolution
No . 18901; and
WHEREAS, on December 18, 1996 , the City Council held a duly
noticed public hearing rehearing this matter; 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. q
R18946
Page 2
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. :
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 Zoning Ordinance of the City of
Palm Springs .
Pursuant to the Zoning Ordinance, a bar/nightclub is
permitted in the "C-1" Zone with a Conditional Use Permit
(CUP) . A CUP may be approved only when it is determined
that the proposed use is a proper one for the orderly
development of the community.
b. The use applied for is not proper for the development
of the surrounding neighborhood, and is detrimental to
existing uses .
The subject section of Palm Canyon Drive is designated "RC"
Resort Commercial by the General Plan. This designation
provides for resort hotels and a broad range of convenience
and tourist commercial services . IIowever, the immediate
area has been developed primarily with medical offices and
medium-density residential uses . The proposed use in not in
character with this development .
C . The site for the intended use is not adequate in size
and shape to accommodate said use, including yards,
setbacks, walls and other features required in order to
adjust said use to those existing or permitted future uses
of the land in the neighborhood.
The parking lot cannot be improved at an appropriate level
to comply with the current development standards of the
Zoning Ordinance. The parking lot cannot be screened from
view from the residential units located on the property to
the south of the subject property. The proposed use
requires that the parking lot be used during the late
evening/early morning hours which is incompatible with the
adjacent residential uses .
d. The site for the proposed use does not properly relate
to the local streets .
The site cannot contain the required number of parking
spaces for this use and all other potential uses that the
subject building may contain. Overflow parking will
negatively impact the operation of the adjacent streets and
will extend the impact of the proposed use to surrounding
properties .
R18946
Page 3
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 December 1996 .
AYES : Members Barnes, Hedges., Spurgin
NOES : Member Oden '
ABSENT: None
ABSTAIN: Member Kleindienst
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
77
City Cle- k City Manager
REVIEWED & APPROVED //,r �fl/ry•