HomeMy WebLinkAboutRes No 1962PLANNING COMMISSION RESOLUTION NO. 1962
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN AMENDMENT TO CHAPTER 25.04
DEFINITIONS, ADDING DEFINITIONS FOR "BAR OR LOUNGE,"
"NIGHTCLUB," AND "RESTAURANT."
CASE NO. ZOA 99-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of December 1999, hold a duly noticed public hearing to consider an
amendment to the Palm Desert Municipal Code, Chapter 25.04, concerning definitions; 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. 97-18," in that the Director of Community Development has determined that the project
is a Class 5 Categorical Exemption; 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 recommendation as described
below:
1. That the Zoning Ordinance amendment is consistent with the objectives of the
Zoning Ordinance;
2. That the Zoning Ordinance amendment is consistent with the adopted General
Plan and affected specific plans; and
3. That the Zoning Ordinance amendment would better serve the public health,
safety and general welfare than the current regulations.
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 does hereby recommend to the City Council
approval of a Zoning Ordinance text amendment as provided in the attached
Exhibit "A" to amend Municipal Code Chapter 25.04.113, 25.04.572 and
25.04.683.
PLANNING COMMISSION RESOLUTION NO. 1962
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, CAMPBELL, FINERTY, LOPEZ, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
STEPHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
SABBY J
THAN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1962
EXHIBIT "A"
Section 1
That Section 25.04.113 be added as follows:
Bar or lounge means any use where the on -site sale and consumption of
alcoholic beverages equals or exceeds 50% of gross sales of food and beverages
from that location.
Section 2
That Section 25.04.572 be added as follows:
Nightclub means a place of business open after 10:00 p.m. which provides for
the on -site consumption of food or alcoholic beverages with entertainment which
includes, but is not limited to, music, dancing comedy and karaoke.
% w Section 3
That Section 25.04.683 be added as follows:
Restaurant means any use providing for the preparation, retail sale, and on -site
consumption of food and beverages. Restaurants include, but are not limited to,
cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive -
through stores, and places of business with similar uses. The term restaurant may
include the licensed sale of alcoholic beverages for consumption on the premises,
provided that the sales of food and non-alcoholic beverages equals or exceeds 51 %
of gross sales of food and beverages. Businesses where the sales of food and non-
alcoholic beverages do not exceed 51 % of gross sales of food and beverages shall
be deemed a bar or lounge pursuant to Section 25.04.113.
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