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HomeMy WebLinkAbout19227 - RESOLUTIONS - 4/1/1998 RESOLUTION NO. 19227 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY TO ALLOW A VIDEO SPORTS BAR/COCKTAIL LOUNGE (HUNTER'S VIDEO BAR) AT 302-308 EAST ARENAS ROAD, C-1 AA ZONE, SECTION 14. WHEREAS, Dean Carlson, (the "Applicant") is requesting the adoption of a Resolution of Convenience and Necessity to allow a video sports bar/cocktail lounge at 302-308 East Arenas Road, Cl-AA Zone, Section 14; 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 5.0770 was issued in accordance with applicable law; and WHEREAS, on March 25, 1998, a public hearing on the application for Conditional Use Permit 5.0770 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on March 25, 1998, 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, NOW, THEREFORE, BE IT 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 is t day of Apri 1 , 1998. AYES: Members Barnes, Hodges and Oden NOES: Member Reller-Spurgin ABSENT: None ABSTENTIONS: Mayor Kleindienst ATTEST: CITY OF 5M PRINGS, Cf1L FORNIA _ ByLZa, -e, c7 � City Clerk City Manager REVIEWED & APPROVED AS TO FORM &� i R19227 Page 2 EXHIBIT "A" CASE 5.0770-CUP HUNTER'S VIDEO BAR CONDITIONS OF APPROVAL 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 their 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. 1a. The owner shall defend, indemnify, and hold harmless the City of Pal in 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 5.0770-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 harness the City of Palm Sprrings. 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, speaker system or any type of signalization will be permitted, except approved alarm systems. ' 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 in the outdoor service area. The applicant/operator must clean and empty public trash receptacles in front of the business (if one is in front of the store) . R 3 1t Page age 3 7. Table service and clean-up shall be provided for the outdoor area and all areas shall be kept clean and free of debris and trash. 8. The applicant shall conform to the following seating arrangement at all times: a maximum of 45 seats inside (including bar stools), and 6 seats within the outdoor I' patio area. •� 9. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this CUP upon change of ownership is subject to review by the City. 10. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Any future revisions to the Noise Ordinance shall apply and shall become a requirement of this CUP. 10a. Non-compliance with any of the conditions herein, or the receipt of excessive complaints regarding the operation of the establishment, in the determination of the Director of Planning and Building, may cause the revocation of the Conditional Use Permit pursuant to Section 9402.00I of the Zoning Ordinance. 11. 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 compl; with the current Zoning Ordinance requirements at the time of the submittal of tiie lighting plan. * No light fixtures shall be attached to the building, all new lighting shall be in the form of pole fixtures. * Light fixtures shall be approved in accordance with the City's lighting requirements and shall be in place prior to issuance of Certificate of Occupancy. 12. Parking lot light fixtures shad align with stall striping and shall be located two to three feel from curb face. 13. Violation of any City Codes and Ordinances and the conditions of approval listed herein, may result in the revocation of this Conditional Use Permit. POLICE DEPARTMENT: 14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 15. Prior to any constriction on-site, all appropriate permits must be secured.