HomeMy WebLinkAbout20585 - RESOLUTIONS - 4/16/2003 RESOLUTION NO. 2:0585
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA,ADOPTING A RESOLUTION OF CONVENIENCE
AND NECESSITY FOR A TYPE 21 - OFF-SALE BEER AND
WINE LICENSE FOR A RETAIL SALES USE IN CONJUNCTION
WITH A WAREHOUSE/DISTRIBUTION CENTER IN A MULTI-
TENANT INDUSTRIAL BUILDING LOCATED AT 820 RESEARCH
DRIVE, UNITS#11 AND#12, ZONE M-1-P, SECTION 13.
WHEREAS,Jacques-Wrigley Management Group LLC, (the"Applicant')is requesting the adoption
of a Resolution of Convenience and Necessity for a retail sales use in conjunction with a
warehouse/distribution center in a multi-tenant industrial building located at 820 Research Drive,
Units #11 and #12, Zone M-1-P, Section 13; 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 on file in the Office of the City Clerk.
ADOPTED this i stf-day of April 2003.
AYES: Members Mills, Oden, and Mayor Kleindienst
NOES: None
ABSENT: Members Hodges and Reller-Spurgin
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager s /
Reviewed and Approved:
EXHIBIT A
Jacques-Wrigley Management Group LLC
CONDITIONS OF APPROVAL
APRIL 16, 2003
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.
PLANNING DEPARTMENT:
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.
2. 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 5.0949-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.
3. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal
period has concluded.
Resolution 20585
Page 3
4. The time limit for commencement of use of the Conditional Use Permit approval
shall be valid for a period of two (2) years. Extensions of time may be granted by
the Planning Commission upon demonstration of good cause.
5. Separate architectural approval and permits shall be required for all signs. All
signs shall comply with the approved sign program for the industrial center.
6. The applicant shall be required to maintain the operating hours as stated on the
Conditional Use Permit application. Any future modifications to the hours of
operation shall require prior approval by the Planning Commission.
7. The applicant/owner shall notify the Director of Planning and Zoning in writing 30
days in advance of any changes in the operation of business. Any transference
of this Conditional Use Permit upon change of ownership is subject to review by
the City.
8. Any violation of this Conditional Use Permit or any City codes or ordinance may
result in revocation of this Conditional Use Permit pursuant to Section 94.02.00
of the Palm Springs Zoning Ordinance.
BUILDING DEPARTMENT:
9. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT: '
10. Automatic fire sprinkler coverage will need to be extended below the dropped
ceiling grid.
11. If any walls or separations are added additional modifications to the sprinkler
system may be required.