HomeMy WebLinkAboutCC RES 95-112RESOLUTION NO. 95-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING 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 City Council of the City of Palm Desert, California,
did on the 14th day of December, 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, the Planning Commission has adopted its Resolution No.
1712 recommending approval of the requested 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 City Council 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
be extended until 2:00 a.m.
4. The police department has reported that it has
to the requested extended hours of operation.
5. The change in the business hours will not
depreciate property values in the vicinity.
of operation
no objection
substantially
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.
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 City Council of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the city council in this case.
2. That Condition No. 11 of Resolution No. 93-16 be amended to
read, "Store hours for the Ralph's market shall be limited to
6:00 a.m. to 12:00 a.m. (midnight) 7 days a week. Other
businesses in the center shall also be limited to the same
hours delineated above except for Gila Bar and Grill, located
at 74-950 Country Club Drive, which may remain open until
2:00 a.m.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert City Council, held on this 14th day of December , 1995, by the
following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WALTER , SNYDER, Mayo
—ATTEST:
SHEILA !hILLIGAN4City Clerk
City of Palm Dese , California
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