HomeMy WebLinkAbout5CCITY COUNCIL STAFF REPORT
DATE: April 22, 2021 NEW BUSINESS
SUBJECT: DISCUSSION OF TEMPORARY OUTDOOR ENTERTAINMENT
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY
In response to COVID-related restrictions relative to indoor uses, the City has allowed
restaurants to provide outdoor entertainment under a temporary Land Use Permit. This
agenda item provides the City Council with an opportunity to discuss the issue of
temporary outdoor entertainment and provide direction to City staff with regard to the
program.
RECOMMENDATION:
1. Discuss temporary outdoor entertainment and provide direction to City staff.
STAFF ANALYSIS:
The Palm Springs Zoning Code (PSZC) allows for outdoor entertainment in certain
commercial zone districts upon approval of a Land Use Permit (LUP) and subject to the
provisions of the City's noise ordinance. Outdoor entertainment is permitted in the
following zone districts:
• CBD (Central Business District)
• CON (Designed Neighborhood Shopping Center)
• CSC (Community Shopping Center)
• C-1 (Retail Business)
• C-1 AA (Large-Scale Retail Commercial)
• C-2 (General Commercial)
A number of businesses were approved for outdoor entertainment under a Land Use
Permit prior to the imposition of COVID restrictions, and are listed in Attachment A to this
staff report.
Following the issuance of emergency orders by the State of California relative to the
COVID pandemic, live entertainment was prohibited. The restriction against live
ITEM NO. ~5 ..... C __ 1
City Council Staff Report
April 22, 2021 --Page 2
Temporary Outdoor Entertainment
entertainment was partially lifted in November 2020, and guidelines were issued by the
state to permit live entertainment at restaurants. Based on the November 2020
guidelines, counties in the Purple Tier are restricted to outdoor entertainment only;
counties in the Red, Orange or Yellow Tiers are allowed to have indoor entertainment,
subject to safety measures to prevent the spread of COVID.
Based on the guidance from the state, the City Council gave direction to staff on February
25, 2021, to allow the issuance of temporary LUP's for outdoor entertainment and to waive
the application fee for such permit. In addition, staff was allowed prosecutorial discretion
in the application of the City's noise ordinance (PSMC Section 11.74) relative to the
entertainment.
A total of three temporary permits for outdoor entertainment have been issued since the
initiation of the program. While staff has received numerous inquiries about the program,
no other applications have been submitted. The issued permits are as follows:
• El Patron, 101 S. Palm Canyon Drive (LUP 21-031, issued 3/15/21);
• The American Legion, 400 N. Belardo Road (LUP 21-032, issued 3/15/21); and
• Pete's Hideaway, 665 S. Palm Canyon Drive (LUP 21-036, issued 3/31/21).
Each temporary LUP includes standard conditions which limit the days and hours of the
entertainment, and requires that the entertainment conform to all guidelines issued by the
state.
Unlike a standard LUP, the temporary LU P's for outdoor entertainment have a sunset
clause which allows the City to rescind the permits upon lifting or modifying the restrictions
for outdoor dining.
The temporary LUP's address noise impacts through restrictions on the use of
subwoofers, requirements for placement and orientation of speakers, and requirements
relative to general sound levels. While prosecutorial discretion is allowed in the
enforcement of the noise ordinance relative to the temporary permits, staff may modify
the conditions of approval or revoke the permit if the use creates a public nuisance.
Please note that standard LUP's for outdoor entertainment do not allow for discretion in
the application of the decibel limits established by the noise ordinance.
With Riverside County having been downgraded to Red Tier status on March 16, 2021
(and later downgraded to Orange Tier on April 7th ), indoor entertainment is now
permissible and the need for the temporary outdoor entertainment LUP's has diminished.
In addition, Governor Newsom has announced that all COVID restrictions may be
discontinued as soon June 15, 2021. While the temporary permits for outdoor dining may
be continued by the City for the foreseeable future, consideration may be given to ending
the temporary outdoor entertainment program.
2
City Council Staff Report
April 22, 2021 --Page 3
Temporary Outdoor Entertainment
FISCAL IMPACT:
Waiver of the application fee for the temporary LUP results in a cost of $1,536 per
application to the City, based on the staff time necessary to process the permit. In
addition, enforcement of the conditions of approval related to the temporary LUP's
requires additional monitoring and inspections by Code Compliance Division staff
members.
SUBMITTED:
l ;_ -1 ?:=
inn Fagg, AICP ' ~
Development Services Director
Justik , IC~-
City Manager
Attachments:
J ,
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager
A. List of standard and temporary outdoor entertainment Land Use Permits
3
Attachment A
List of Land Use Permits -Outdoor Entertainment
Factor
Application Cost Waived
Term Concurrent with temporary
outdoor dinin
Noise Limits Discretionary, subject to
conditions and
Approval Process Staff
Temporary LUP -Outdoor Entertainment
1. El Patron
101 S. Palm Canyon Drive
LUP 21-031
Issued: 3/15/21
2. The American Legion
400 N. Belardo Road
LUP 21-032
Issued: 3/15/21
3. Pete's Hideaway
665 S. Palm Canyon Drive
LUP 21-036
Issued: 3/31/21
Standard LUP -Outdoor Entertainment
1. Las Casuelas T erraza
222 S. Palm Canyon
LUP 02-33
Issued: 2002
2. Peabody's Cafe & Bar
134 S. Palm Canyon Drive
LUP 07-007
Issued: 2007 (amended 2016)
Standard LUP
Outdoor Entertainment
$1,536
No term limit
Subject to decibel limits of
noise ordinance
Staff (may be referred to
Plannin Commission
April 22, 2021
Page 1 4
3.
4.
5.
6.
7.
8.
9.
10.
11.
Fisherman's Market
235 S. Indian Canyon Drive
LUP 13-036
Issued: 2013
Eight4Nine Restaurant
849 N. Palm Canyon Drive
LUP 15-007
Issued: 2015 (amended 2018)
Tommy Bahama Marlin Bar & Grill
111 N. Palm Canyon
LUP 17-017
Issued: 2017
Oscar's Cafe & Bar
125 E. Tahquitz Canyon Way
LUP 18-007
Issued: 2018
Antigua Kitchen & Bar
105 S. Palm Canyon Drive
LUP 18-038
Issued: 2018
Asia SF
1555 S. Palm Canyon Drive
LUP 19-063
Issued: 2019
Village Pub (The Village)
266 S. Palm Canyon Drive
LUP 19-102
Issued: 2019
Hunter's
302 E. Arenas Road
LUP 21-023
Issued: 2/18/21
Chill Bar
217 E. Arenas Road
LUP 21-026
Issued: 2/24/21
April 22, 2021
Page 2 5