HomeMy WebLinkAbout19116 - RESOLUTIONS - 9/3/1997 RESOLUTION NO. 19116
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OI
CONVENIENCE AND NECESSITY IN ORDER TO ALLOW
THE OFF-SITE SALE OF BEER AND WINE AS AN '
ACCESSORY USE FOR THE PROPERTY LOCATED AT 400
SOUTH EL CIELO ROAD, SUITE -A", PD-193,
SECTION 18 .
WHEREAS, Jesus Escamilla, (the "Applicant") filed an application
with the City pursuant to Section 9402 . 00 of the Zoning Ordinance
for a Conditional Use Permit to allow the off-site sale of beer
and wine as an accessory use for the property located at 400
South E1 Cielo Road, PD-193, Section 18; and
WHEREAS, notice of a public hearing of the Planning Commission of
the City of Palm Springs to consider an application for
Conditional Use Permit 5 . 0747 was published and mailed in
accordance with applicable law; and
WHEREAS, on August 13, 1997, a public hearing on the application
for Conditional Use Permit 5 . 0747 was held by the Planning
Commission in accordance with applicable law; 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 : 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.
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Res. No. 19116
Page 2
d. The site for the intended use is adequate in size and
shape to accommodate said use, including yards, setbacks,
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 this use increases the concentration of
liquor licenses within the City, it is a service that will
provide for the necessity and convenience of the community.
f. The conditions to be imposed are deemed necessary to
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 . 0747-CUP, pursuant to the floor plan layout
as depicted on Exhibit No . 1 and subject to those conditions set
forth in the attached Exhibit A, both of which are on file at the
office of the City Clerk.
ADOPTED this 3rd day of September 1997 .
AYES : Members Hodges, Oden and Mayor Kleindienst
NOES : Member Spurgin
ABSENT: None
ABSTAIN, Member Barnes
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Bye, //�
\_- City Clerk C��Z� City Manager
REVIEWED & APPROVED AS TO FORM_* ��