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HomeMy WebLinkAbout21138 - RESOLUTIONS - 11/17/2004 ' RESOLUTION kO. 21138 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT A NEW DELI LOCATED AT 2755 NORTH PALM CANYON DRIVE, ZONE C-1, SECTION 3. WHEREAS, Lawrence Salameh ("applicant') has requested the adoption of a Resolution of Convenience and Necessity in order to sell beer and wine at a new deli located at 2755 North Palm Canyon Drive, Zone C-1, Section 3; 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 and wine located at 2755 North Palm Canyon Drive, subject to the attached conditions of approval. ADOPTED this 17th day of Novemeber 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: Acting City Clerk City Manager �/ y REVIEW AND APPROVED AS TO FORM: Resolution No. 21138 Page 2 CONDITIONS OF APPROVAL ' 2755 NORTH PALM CANYON DRIVE: NOVEMBER 17, 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 and wine. 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 and wine in the new deli. 4. If the operational characteristics of delicatessen change in such a manner that the nature of the delicatessen is modified, altered or otherwise determined by the Director of Planning Services to be changed, a new Conditional Use Permit will be required. 5. All Conditions of Approval for Case 5.0971 shall apply. BUILDING DEPARTMENT 6. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING ' 7. None Resolution No. 21138 —Pang Z Department of Planning and Zoning " H Vicinity Map w+E `Cam`°+oanna` P' S 4V �0 SAN MARCO WY North Palm / Canyon Drive / Propsed Site �G2p 0 9L� CITY OF PALM SPRINGS CASE NO.: 5.0971 CUP DESCRIPTION: Application by Lawrence Salameh for a Resolution of Convenience and Necessity to operate a liquor, wine and beer store with a wine PPLICANT: Lawrence Salameh tasting room. The store will also deli/gourmet foods. Location 2755 North Palm canyon Drive, zone C-1, Section 3.