HomeMy WebLinkAbout21081 - RESOLUTIONS - 9/1/2004 RESOLUTION NO 21081 '
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER,
WINE AND SPIRITS AT A MEMBERS-ONLY CLUB LOCATED AT 1900 EAST PALM
CANYON DRIVE, ZONE R-3, SECTION 24.
WHEREAS, Mike Phelps ("applicant") has requested the adoption of a Resolution of
Convenience and Necessity in order to sell beer and wine at a members-only club located
at 1900 East Palm Canyon Drive, Zone R-3, Section 24; 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, 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, limited it to the sale of beer and wine.
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, wine and
spirits located at 1900 East Palm Canyon Drive, subject to the attached conditions of
approval.
ADOPTED this 1st day of September 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
city lLler City snag
REVIEW AND APPROVED AS TO FORM:
Resolution 21081'
Page 2
CONDITIONS OF APPROVAL
1900 EAST PALM CANYON DRIVE
SEPTEMBER 1, 2004
Before final acceptance, all conditions listed below shall be completed to the satisfaction of
the City Engineer, the Director of Planning and Zoning, 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 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 the granting of Convenience and
Necessity for the sale of beer, wine and spirits. 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 the indemnification
herein, 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. This Resolution of Convenience and Necessity is valid for the sales of beer, wine,
spirits or other Alcoholic Beverages in the members-only portion of the club
4. If the operations of the members-only club changes and/or the ownership
changes, a new Conditional Use Permit will be required.
BUILDING DEPARTMENT
5. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING
6. None