HomeMy WebLinkAbout19104 - RESOLUTIONS - 7/30/1997 RESOLUTION NO. 19104
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF
CONVENIENCE .AND NECESSITY FOR CASE 5. 0749 TO
ALLOW A BLUES AND JAZZ COCKTAIL LOUNGE AT
135 EAST TAHQUITZ CANYON WAY (PLAZA LAS '
FLORES) , CBD ZONE, SECTION 15.
WHEREAS, Kal David and Lauri Bono, (the "Applicants") filed an
application with the City pursuant to section 9402 . 00 of the
Zoning Ordinance for a Conditional Use Permit to allow a blues
and jazz cocktail lounge at 135 East Tahquitz Canyon Way, CBD
Zone, Section 15; and
WHEREAS, Notice of a Public Hearing of the Planning Comnnission of
the City of Palm Springs to consider an application for
Conditional Use Permit 5. 0749 was published in accordance with
applicable law; and
WHEREAS, on June 18, 1997, a public hearing on the application
for Conditional Use Permit 5. 0749 was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission approved the .request for a
Conditional Use Permit: at its regular meeting of June 18, 1997;
and
WHEREAS, the City Council is being asked to adopt a Resolution of
Convenience and Necessity pursuant to the requirements of the '
Alcoholic Beverage Control Board; and
WHEREAS, the City Council. has carefully reviewed and considered
all of the evidence presented in connection with the project,
including but not limited to the staff report, and the
recommendation of the Planning Commission.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1 : Pursuant to CEQA, the City Council finds that this
project is categorically exempt: from California
Environmental Quality Guidelines (CEQA) .
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 City' s zoning ordinance.
b. The use applied for is necessary or desirable: for the
development of the community, and is not detrimental to the
existing or future uses specifically permitted in the zone '
in which the proposed use is to be located.
C. The proposed use is consistent with the General Plan
and will complement existing and proposed uses in the
vicinity. R
d. The site for the intended use is adequate in size and
shape to accommodate said use, including yards, setbacks,
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walls or fences, landscaping and other features required in
order to adjust said use to those existing or permitted
future uses of the land in the neighborhood.
e. Although the Department of Alcoholic Beverage Control
has determined that there is an over-concentration of liquor
licenses in .'
the Downtown, the proposed use is a service that
will provide for the necessity and convenience of the
community. Furthermore, this use is in keeping with the
festival retail development plan for the downtown area.
f. The conditions imposed by the Planning Commission in
the approval of Case 5. 0479 will protect the public health,
safety and general welfare, of the existing neighborhood in
which this project is situated.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,
the City Council hereby adopts a Resolution of Convenience and
Necessity for Case 5. 0749 subject to those conditions set forth
in the attached Exhibit A, which are on file at the City Clerks
Office, and which are to be satisfied prior to the issuance of a
Certificate of Occupancy unless otherwise specified.
ADOPTED THIS 30th day of July , 1997.
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT:None
' ATTEST: CITY OF PALM SPRING. ALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM_ y �
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