HomeMy WebLinkAboutORD 933ORDINANCE NO. 933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO
CHAPTER 25.04 DEFINITIONS, ADDING DEFINITIONS FOR "BAR
OR LOUNGE," "NIGHTCLUB," AND "RESTAURANT."
CASE NO. ZOA 99-2
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 amendment to the
Palm Desert Municipal Code, Chapter 25.04, concerning definitions; and
WHEREAS, the Planning Commission by its Resolution No. 1962 has recommended
approval of Case No. ZOA 99-2; 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 City Council did find
the following facts and reasons to exist to justify its action 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 ORDAINED 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 Council in this case.
2. That it does hereby approve 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.
3. That the City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the City of Palm Desert, California, and shall be in
full force and effect thirty (30) days after its adoption.
ORDINANCE NO. 933
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 27th day of January , 2000, by the following vote, to wit:
AYES: Benson, Ferguson, Kelly, Spiegel, Crites
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
RACH LLE D. KLASSEN, ACTING CITY
City of Palm Desert, California
K
ORDINANCE NO. 933
4Mi l -1 li dVivl
Section 1
That Section 25.04.1 13 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.
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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