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HomeMy WebLinkAboutRes No 1960PLANNING COMMISSION RESOLUTION NO. 1960 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A REQUEST BY CAESAR'S EMPEROR FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT AND, AFTER 9:00 P.M., A BAR, LOUNGE AND NIGHTCLUB, INCLUDING LIVE MUSIC AND DISC JOCKEYS IN THE BUILDING LOCATED AT 72-600 DINAH SHORE DRIVE, APN 618-590-011. CASE NO. CUP 99-8 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of November, 1999, hold a duly noticed public hearing, which was continued to November 16 and December 7, 1999, to consider the request of CAESAR'S EMPEROR for approval of a conditional use permit allowing a 10,000 square foot restaurant and after 9:00 p.m. a bar, lounge and nightclub, including live music and disc jockeys, in the building located at 72-600 Dinah Shore Drive, APN 618-590-011; 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 the denial of said conditional use permit: 1. The business has operated for some time pursuant to seven conditions imposed by the Superior Court under two temporary restraining orders and a preliminary injunction. While these conditions have reduced the public safety problems which were prevalent, they are so onerous as to make the business operation undesirable and incompatible with the city's commercial districts. 2. At public hearings held concerning this application, the applicant advised the Planning Commission that if the seven conditions which require, among other things, two armed deputy sheriffs on patrol, licensed uniformed security personnel and metal detectors were removed, the violent conditions could recur. As a result, the proposed location of the business that would be allowed as a conditional use and the conditions under which the business use will be operated or maintained will in fact be detrimental to the public health, safety or welfare and will be materially injurious to properties or improvements in the vicinity. Thus, the required finding under Palm Desert Municipal Code § 25.72.070(b) cannot be made. 3. The proposed business allowed pursuant to the conditional use permit does not comply with the goals, objectives, and policies of the city's general plan; the City of Palm Desert does not and should not allow or encourage the type of activities that have taken place at this proposed facility. The Commission is concerned for the safety of the citizens of Palm Desert. When a use requires two sheriffs, metal detectors, and security personnel on staff to operate an establishment in the city of Palm Desert, the proposed use does not comply PLANNING COMMISSION RESOLUTION NO. 1960 with the goals, objectives and policies of the city's general plan. Thus, the finding required under Palm Desert Municipal Code § 25.72.070(d) cannot be made. 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 Conditional Use Permit 99-8 is hereby denied. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of December, 1999, by the following vote, to wit: AYES: BEATY, FINERTY, JONATHAN NOES: CAMPBELL, LOPEZ ABSENT: NONE ABSTAIN: NONE ATTEST: STEPHEN R. SMITH, Acting Secretary Palm Desert Planning Commission 2 SABBY J THAN, Chairperson