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HomeMy WebLinkAboutRes No 1712PLANNING COMMISSION RESOLUTION NO. 1712 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO CONDITION NO. 11 OF RESOLUTION NO. 93-16 LIMITING THE HOURS OF OPERATION OF BUSINESSES IN THE DESERT SPRINGS MARKETPLACE, SPECIFICALLY TO EXTEND THE BUSINESS HOURS OF GILA BAR AND GRILL LOCATED AT 74-950 COUNTRY CLUB DRIVE FROM 12:00 A.M. (MIDNIGHT) UNTIL 2:00 A.M. CASE NO. PP 92-6 AMENDMENT #1 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of November, 1995, hold a duly noticed public hearing to consider the request of ANNE CANNON on behalf of Gila Bar and Grill for an amendment to Condition No. 11 of Resolution No. 93-16; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105," in that the director of community development has determined that the amendment to the conditions of Resolution No. 93-16 is a class 1 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify its actions, as described below: 1. The original approval of the Desert Springs Marketplace contained a condition which limits business hours to 12:00 a.m. (midnight) (i.e. Condition No. 11 of Resolution No. 93- 16). 2. Gila Bar and Grill has operated since January 25, 1995 at its location in the Desert Springs Marketplace. 3. Gila Bar and Grill has requested that its hours of be extended until 2:00 a.m. 4. The police department has reported that it has no to the requested extended hours of operation. operation objection 5. The change in the business hours will not substantially depreciate property values in the vicinity. 6. The change of business hours will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. PLANNING COMMISSION RESOLUTION NO. 1712 7. The change in the business hours will not endanger the public peace, health, safety or general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2. That the planning commission hereby recommends to the city council that Condition No. 11 of Resolution No. 93-16 be amended to change the closing hours for the Gila Bar and Grill only, from 12:00 a.m. (midnight) to 2:00 a.m. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of November, 1995, by the following vote, to wit: AYES: CAMPBELL, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE . Chair BEATY, PAUL pers n ATTEST: PHILIP DRELL, Acting Secretary Palm Desert Planning Commission 2