HomeMy WebLinkAboutCC RES 00-018RESOLUTION NO. 00-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, GRANTING AN APPEAL TO A DECISION
OF THE PLANNING COMMISSION WHICH DENIED A REQUEST
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 City Council of the City of Palm Desert, California, did on the 13th
day of January, 2000, hold a duly noticed public hearing to consider an appeal by
CAESAR'S EMPEROR to a decision of the Planning Commission denying a request for a
conditional use permit to allow 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, the Planning Commission by its Resolution No. 1960 has denied the
applicant's request known as Case No. CUP 99-8; and
WHEREAS, Caesar's Emperor has filed a timely appeal to the Planning Commission
decision; 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 3 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 the granting of said appeal and approval
of the conditional use permit:
1. That a restaurant and, after 9:00 p.m., a bar, lounge and nightclub, including
live music and disc jockeys, are permitted uses in the PC-3 zone, subject to
issuance of a conditional use permit.
2. The business has operated pursuant to conditions imposed under a settlement
agreement for some time and during that time has operated without public
safety incident.
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.
RESOLUTION NO. 00-18
2. That the appeal by Caesar's Emperor is hereby granted and Conditional Use
Permit 99-8 is hereby granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 24th day of February , 2000, by the following vote, to wit:
AYES: Benson, Ferguson, Kelly, Spiegel, Crites
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
RACHELLE D. KLASSEN, Acting City Clerk
City of Palm Desert, California
BUFORD A/ CRITES, Mayor
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RESOLUTION NO. 00-18
CONDITIONS OF APPROVAL
CASE NO. CUP 99-8
Department of Community Development:
1. That the business operator shall employ as many licensed uniformed security
personnel, trained in crowd control, as the City determines are reasonably necessary
to properly and sufficiently police the premises and the patrons in attendance at the
premises. Such security personnel shall be appropriately licensed, uniformed, and,
if applicable, bonded. Such security personnel shall have the duty to control the
premises and the patrons and to enforce these conditions at all times during the
operation of the business.
2. That the business operator shall employ a minimum of two Extra Duty Deputies with
full access inside the premises and in the parking lot shall be provided by City, said
expense to be paid by owner between the hours of 9:00 p.m. and 2:00 a.m. on any
day in which the business is open for business. The cost of such Extra Duty Deputy
is currently $46.37 per hour per deputy. The number of deputies may be increased
or decreased pursuant to order of the City or by written agreement between the
owner and the City.
3. That the business operator shall not allow any person under the age of 21 to attend
any events at the premises or in the parking lot of the premises from and after 9:00
p.m.
4. That the business operator shall not allow persons wearing clothing which allows
visible gang tattoos or clothing with gang writing at any time inside the premises or
on the parking lot of the premises.
5. That the business operator shall immediately eject any persons flashing gang signs
from premises and the parking lot, or by security or the police and such persons shall
be ordered to remain away from the premises and the parking lot at all times during
the business operation.
6. That the business operator shall not allow any person on the premises or in the
parking lot of the premises who possesses a weapon or any instrument which could
be used as a weapon. The entrance or entrances to the premises shall contain a
metal detector operated by the owner which shall be used to screen patrons for
weapons. The metal detector shall be manned by a trained security guard employed
by the owner at the owner's expense.
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RESOLUTION NO. oo-18
7. That the business operator shall post these conditions and rules outside the main
entrance to the business so that they are clearly visible to all patrons entering the
business.
8. That business hours of operation shall be from 11:00 a.m. until 2:00 a.m. daily.
9. That the business operator shall cooperate with the Palm Desert Architectural Review
Commission to bring the business identification signs into full compliance within 45
days of this approval.
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