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Home My WebLink About20820 - RESOLUTIONS - 2/4/2004 RESOLUTION NO. 20820 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT A PROPOSED NEW STORE LOCATED AT 611 S. PALM CANYON DR., SUITE #1, PD-77 (C-2) ZONE, SECTION 22. WHEREAS, Costa Nichols ("applicant') has requested the adoption of a Resolution of Convenience and Necessity in order to sell alcohol at a proposed new store at 611 S Palm Canyon Dr., Suite #1, PD-77 (C-2) Zone, Section 22; 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 WHEREAS, at its January 14, 2004 meeting, the Planning Commission held a public hearing on a conditional use permit for a liquor store and subsequently approved the CUP; and WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and ' WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 21 - Off-Sale General (beer, wine and spirits) and license number 42 - On-Sale Beer and Wine for Public Premises; NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity for the sale of beer and wine located at 4875 E. Ramon Rd., subject to the attached conditions of approval, Exhibit A. ADOPTED this 4th day of February 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA C6 y Cler City Manager Cr___._� ' REVIEW AND APPROVED AS TO FORM: Res. 20820 Page 2 Exhibit A CASE 5.0990 — CUP ' CONDITIONS OF APPROVAL COSTA NICHOLS DESERT DISCOUNT WINE, GIFTS AND SPIRITS 611 S. PALM CANYON DR., SUITE #1 February 4, 2004 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. 1a. 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 5.0990 - 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. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Zoning, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 94.02.00.1 of the Zoning Ordinance. In addition, violations of City Codes , and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ' Res, 21820 Page 3 3. Conditional Use Permit approval shall be valid for a period of two (2) years. The Planning Commission, upon demonstration of good cause, may grant extensions of time to open the proposed business. Once the business is open, this CUP shall not have a time limit and shall be valid provided all Conditions of Approval are complied with. 4. 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. 5. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 6. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 7. The applicant shall be required to maintain the business plan and hours of operation, as stated on the Conditional Use Permit application. Hours of operation will be from 8:00 A.M. to 6:00 P.M. daily. Any future modifications to the business plan hours of operation shall require prior approval by the Director of Planning and Zoning or designee 8. The City reserves the right to modify or restrict the business hours based upon documented operational circumstances. 9. 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 change to business plan or transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 10. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING 1. None