Loading...
HomeMy WebLinkAbout19159 - RESOLUTIONS - 12/3/1997 RESOLUTION NO. 19159 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY TO ALLOW A SPORTS BAR/COCKTAIL LOUNGE AT 476 NORTH PALM CANYON DRIVE, CBD ZONE, SECTION 15. WHEREAS, Harry Moscatel, (the "Applicant") is requesting the adoption of a Resolution of Convenience and Necessity to allow a sports bar/cocktail lounge at 476 North Palm Canyon Drive, CBD Zone, Section 15; 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 5.0758 was issued in accordance with applicable law; and WHEREAS, on November 12, 1997, a public hearing on the application for Conditional Use Permit 5.0758 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on November 12, 1997, the Planning Commission approved the request for a Conditional Use Permit subject to conditions; 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 hi which the proposed use is to be located. The proposed sports bar/cocktail lounge will have a total of 100 seats (49 indoors, 51 outdoors). No live entertainment or dancing is proposed or approved under this CUP application. The approved exterior modifications have enhanced the character of the building and contributed to the ongoing downtown improvement program. 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 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. Res. No. 19159 Page 2 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 re-opening of a building that previously operated a cocktail lounge. 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 TT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of occupancy unless otherwise specified. ADOPTED this 3rd day of December 1997. AXES: Members Barnes, Hodges , Oden and Mayor Kleindienst NOES: Member Spurgin ABSENT: None ABSTENTIONS: ATTEST: CIT PALM SPRING LIFORNIA City Clerk City Manager REVIEWED & APPROVED AS TO FORM �� , Res. No. 19159 Page 3 EXHIBIT A CASE 5.0751-CUP CONDITIONS OF APPROVAL REVISED ' Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or they designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. Ia. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0758-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Separate architectural approval and permits shall be required for all signs. A detailed sign proposal shall be submitted for review and approval prior to installation. 3. The street address numbering/lettering shall not exceed eight inches in height. 4. No sirens, outside paging, or any type of signalization will be permitted, except approved alarm systems. a. Speakers and amplification devices shall be oriented towards the building at all times and the location shall be approved by the Director of Planning and Building. 5. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 6. Trash receptacles shall be strategically located for outdoor service area. 7. Table service and clean-up shall be provided and all areas shall be kept clean and free of debris and trash. Res. No. 19159 Page 4 8. The applicant shall conform to the following seating arrangement at all times: a maximum of 49 seats inside, and 51 seats within the outdoor patio area. 9. Outdoor seating layout and furniture shall be submitted to the Downtown Development Director and Director of Planning and Building for review and approval. 10. The applicantfownerr shall notify the Director of Planning and Building in writing 30 ' days in advance of any changes in ownership. 11. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. 12. Prior to issuance of Certificate of Occupancy, the applicant shall submit, execute, and record a lot line adjustment application to combine the building site with the parking lot. 13. The northeasterly area of the parking lot shall be improved to accommodate for additional parking spaces. A plan shall be submitted for review and approval prior to issuance of Certificate of Occupancy and landscaping completed within 90 days of issuance; of Certificate of Occupancy. 14. That parking lot lighting be provided in accordance with Section 9306.00 of the Zoning Ordinance. An exterior lighting plan shall be submitted for review and approval by the Director of ]Planning and Building. A photometric study and manufacturer's cut sheets of all exterior fixtures shall be submitted with the lighting plan. * Illumination levels in the parking area shall comply with the current Zoning , Ordinance requirements at the time of the submittal of the lighting plan. 15. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 16. This Conditional Use Permit shall be reviewed at the end of one year or upon receipt of valid complaints concerning the violation of the conditions of approval. The Planning Commission reserves the right to adjust or imodify these conditions of approval at the end of one year. POLICE DEPARTMENT: 17. Developer shall comply with Section Il of Chapter 8.04 of the :Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 18. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Planning and Building consistent with approved City details. ' BUILDING DEPARTMENT: 19. Prior to any construction on-site, 0 appropriate permits must be secured.