HomeMy WebLinkAboutCC RES 04-070RESOLUTION NO. 04-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AFFIRMING THE ACTION OF
THE PLANNING COMMISSION AMENDING PLANNING
COMMISSION RESOLUTION NOS. 1625, 1736 AND 1961
PURSUANT TO A REQUEST TO EXTEND THE HOURS OF
OPERATION AT 73-405 EL PASEO, SUITE 32A.
CASE NO. CUP 93-7 AMENDMENT #3
WHEREAS, the Planning Commission, by its Resolution No.2273, did approve an
amendment to the hours of operation relating to Roc's Firehouse Grille, Case No. CUP 93-
7 Amendment #3; and
WHEREAS, a member of the City Council pursuant to Municipal Code Section
25.86.040 did call up for review the Planning Commission action in the matter of Case No.
CUP 93-7 Amendment #3; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th
day of June, 2004, hold a duly noticed public hearing to consider a request for view of the
Planning Commission action relating to Case No. CUP 93-7 Amendment #3; 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. 02-60," in that the Director of Community Development has determined that
the requested amendments are a Class 5 categorical exemption for 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 conditional use permit
amendment:
1. That with the conditions imposed in this approval requiring patrol of the
parking lot between 10:00 p.m. and 2:00 p.m. and the posting of signs to limit
noise in the parking lot after 10:00 p.m., expansion of the hours of operation
until 2:00 a.m. daily for this business will not have a negative impact on
nearby residences or businesses.
NOW, THEREFORE, BE IT RESOLVED by 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; and
RESOLUTION NO. 04-70
2. That the action of the Planning Commission relating to Case NO. CUP 93-7
Amendment #3 is hereby affirmed, subject to conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 24th day of June , 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA6HELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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ROBERT A. SPIEGE
RESOLUTION NO.
04-70
CONDITIONS OF APPROVAL
CASE NO. CUP 93-7 AMENDMENT #3
Department of Community Development:
1. That the business hours shall be from 9:00 a.m. until 2:00 a.m. daily.
2. That the applicant shall conduct routine patrols of the parking lot and area around
the restaurant between 10:00 p.m. and 2:00 a.m. daily.
3. That Roc's Firehouse Grille post signs on the patio and in the restaurant
admonishing patrons to limit noise in the patio and parking areas after 10:00 p.m.
4. All conditions of Case No. CUP 93-7, CUP 93-7 Amendment #1, and CUP 93-7
Amendment #2 shall continue to be in effect.
5. That the City reserves the right to impose future conditions necessary to mitigate
identified future impacts.
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