HomeMy WebLinkAbout19131 - RESOLUTIONS - 9/17/1997 RESOLUTION NO. 19131
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION
OF CONVENIENCE AND NECESSITY TO ALLOW
' THE ESTABLISHMENT OF A COCKTAIL LOUNGE AT
238 NORTH PALM CANYON DRIVE, CBD ZONE,
SECTION 15.
WHEREAS, Lary Bitonti, (the "Applicant") filed an application with the City pursuant to
section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a cocktail
lounge at 238 North Pahn Canyon Drive, CBD Zone, Section 15; and
WHEREAS, notice of a public hearing of the Pluming Commission of the City of Pahn
Springs to consider an application for Conditional Use Permit 5.0751 was issued in
accordance with applicable law; and
WHEREAS, on August 27, 1997, a public hearing on the application for Conditional Use
Permit 5.0751 was held by the Planning Comarission 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: Pursuant to CEQA, the City Council fords 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.
d. The site for the untended 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 fitiure uses of the
land in the neighborhood.
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e. Although the Department of Alcoholic Beverage Control has determined that
there is a high concentration of liquor licenses within the downtown, this involves
the transfer of an existing license and does not add an additional license to the
Downtown. Furthermore, this use is in keeping with the development festival retail
plan for the center and downtown area.
f. The conditions to be 'unposed 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 in order for the
establishment of a cocktail lounge and subject to the conditions as set forth in the attached
Exhibit A, which are on file at the office of the City Clerk and which have to be satisfied
prior to the issuance of a Certificate of Occupancy unless otherwise specified.
ADOPTED this 17th day of September 1997.
AYES: Members Barnes, Hodges, Oden, and Spurgin
NOES: None
ABSENT: Mayor Kleindienst
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk c:�—� City Manager '
REVIEWED & APPROVED AS TO FORM