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HomeMy WebLinkAboutITEM 2B - Alana Bar and Tapas - CUP-2024-0007 PLANNING COMMISSION STAFF REPORT DATE: September 11, 2024 PUBLIC HEARING SUBJECT: A REQUEST BY LAS CASUELAS VIEJAS, INC. FOR THE APPROVAL OF A CONDITIONAL USE PERMIT TO OPERATE A 960-SQURE-FOOT BAR/COCKTAIL LOUNGE AT 370 NORTH PALM CANYON DRIVE (APN: 513-081-021), ZONE CBD, SECTION 15 (CASE CUP-2024-0007) (NK). FROM: Department of Planning Services SUMMARY: This is a request for approval of a Conditional Use Permit (CUP) for the operation of a new 960-square-foot bar, Alana - Bar and Tapas, within a 3,860-square-foot existing two- story mixed-use building. The business is proposing to conduct indoor live entertainment (DJ) as a part of the bar operation. ISSUES: 1. There is no on-site parking available at the project site; the proposed bar would require nine (9) off-street parking spaces. 2. A lack of official records (e.g. permits, licenses, land use entitlements, in-lieu off- street parking payment records) which provide the background information of the property in terms of land use and off-street parking. 3. The application proposes to conduct indoor live entertainment (DJ); however, the project site is a mixed-use building and there is a residential unit leased by the applicant immediately above the bar. RECOMMENDATION: The Planning Commission adopt the attached draft resolution and approve the project subject to the conditions of approval recommended by staff (Attachment 3). SCOPE OF REVIEW: 1. The Planning Commission shall review the Conditional Use Permit (Case CUP- 2024-0007) for conformance to the criteria listed in PSZC Section 94.02.00(B)(6). Planning Commission Staff Report September 11, 2024 – Page 2 of 11 Case CUP-2024-0007 BUSINESS PRINCIPAL DISCLOSURE: The owner of the business is Las Casuelas Viejas, Inc. A copy of the Integrity Disclosure Form is attached to this staff report (Attachment 5). PROJECT DESCRIPTION: The applicant is proposing to operate a new 960-square-foot bar within an existing two (2)-story mixed-use building which is 3,860 square feet in size. The proposed bar operation includes indoor live entertainment (DJ) on certain days of the week. Site Setting: The project site is a 0.25-acre parcel in Downtown, which is developed with two (2) buildings. The buildings were constructed in 1935 (376-380 North Palm Canyon Drive) and 1944 (370 North Palm Canyon Drive). The dimensions of the lot are 145.5 feet by 75 feet, and the site is conforming to the current development standards in terms of the minimum lot dimension and size requirements of the CBD Zone. Today, the site is fully built out, and there is no on-site parking, a trash enclosure, or a loading space available at the site which would typically be required for a standard commercial development. The site is accessible via North Palm Canyon Drive where the frontage of the building is located. An aerial view of the project site is available on page 3 of this staff report, and it is also attached as Attachment 2. The proposed bar will be located within the 3,860-SF south building addressed 370 North Palm Canyon Drive. The building is a mixed-use building, which is designed with commercial space on the first floor and a residential unit on the second floor. According to the applicant, the rest of the commercial space within the building is currently unoccupied. Planning Commission Staff Report September 11, 2024 – Page 3 of 11 Case CUP-2024-0007 Aerial View of the Property (APN: 513-081-021) Street-Facing/West Elevation of the Project Site Planning Commission Staff Report September 11, 2024 – Page 4 of 11 Case CUP-2024-0007 Bar: The proposed bar will be located within the street-facing commercial space on the ground floor at 370 North Palm Canyon Drive, which was previously occupied by restaurants and art galleries. The size of the proposed bar is 960 square feet, and the space will accommodate a bar counter table and seats, tables and chairs in the main service area, as well as a storage space, a utility room, and a restroom. The main floor will accommodate 26 seats (20 for tables and 6 bar seats), and the business will employ five (5) staff members which include two (2) bartenders and two (2) cocktail waitresses. No outdoor beverage service, outdoor live entertainment, or outdoor sound amplification is proposed. As a part of the bar operation, the applicant is proposing to conduct indoor live entertainment (DJ) on certain days of the week. The proposed hours of operation are summarized in the table below: Days of the Week Hours of Operation Special Service/Activities Monday Closed Tuesday 4:00 PM – 10:00 PM Wednesday 4:00 PM – 10:00 PM Thursday 4:00 PM – Midnight Live DJ Performance: 7:00 PM - 11:00 PM Friday 4:00 PM – Midnight Live DJ Performance: 7:00 PM - 11:00 PM Saturday 4:00 PM – Midnight Live DJ Performance: 7:00 PM - 11:00 PM Sunday Closed Location of the Proposed Bar Planning Commission Staff Report September 11, 2024 – Page 5 of 11 Case CUP-2024-0007 Proposed Bar Floor Plan (370 North Palm Canyon Drive) There is no existing or proposed kitchen within the bar space, and the business will offer food items that will be prepared at the adjacent restaurant located at 368 North Palm Canyon Drive (Las Casuelas Original) as a part of the bar operation. The bar operation will require a liquor license issued by the California Department of Alcoholic Beverage Control (ABC), and the applicant has initiated the license acquisition process with the agency. BACKGROUND INFORMATION: Related Relevant City Actions 11/03/1998 Planning Services issued a Land Use Permit for a restaurant (No business name or permit number is shown on the permit). 11/05/2001 Planning Services issued a Land Use Permit (Transfer of Ownership) for Crossroad Café, a full-service restaurant (indoor and outdoor seating). 08/09/2004 Planning Services issued a Land Use Permit (LUP-04-22) for Crosswalk Café (indoor and outdoor seating). Planning Commission Staff Report September 11, 2024 – Page 6 of 11 Case CUP-2024-0007 Related Relevant City Actions 01/28/2009 Planning Services issued a Land Use Permit (LUP-09-012 – Transfer of Ownership) for Spunky Monkey Café (indoor and outdoor seating). 03/25/2010 Planning Services issued a Land Use Permit (LUP-10-012 – Transfer of Ownership) for Spunky Monkey Café (indoor and outdoor seating). Related Code Compliance Records (Last 5 Years) 05/13/2022 Code compliance citation for unauthorized building modifications (CE220261). Status: Closed (10/31/2022). 04/12/2023 Code Compliance citation for a vacant building boarding permit requirement (CE 230206). Status: Closed (06/12/2023). 08/14/2024 Code Compliance issued a courtesy notice for graffiti removal (Case PM-0824-0311). Status: In progress (as of 08/20/2024). Related Building Permits 08/03/2011 City issued a building permit for a new “single-family residential dwelling” for “380” North Palm Canyon Drive (C29921). 04/24/2023 City issued a Vacant Building Boarding Permit (Building & Safety Permit Number: 2023-1632). The permit expired on 07/23/2023. 07/23/2024 Building Permit (BLDC-2024-0888) has been applied for tenant improvement for Alana Bar & Tapas. Status: Pending (as of 08/20/2024). Related Business Licenses 11/11/2011 City issued a license for Desert Artist (Art & Jewelry Shop). 10/03/2012 City issued a license for Desert Painter (Art Gallery). 02/14/2023 City issued a license for Jealous Walls (Art Gallery & Gift Shop). Neighborhood Meeting/Neighborhood Notice 08/30/2024 Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on September 11, 2024. 08/30/2024 Notice emailed to Neighborhood Organizations within one (1) mile of the project site. 09/01/2024 Notice of public hearing published in the local newspaper. Most Recent Change of Ownership 11/14/2023 MK Palm Springs Investments, LLC Field Check 08/19/2024 08/26/2024 Staff conducted a site visit to confirm the site’s conditions. Planning Commission Staff Report September 11, 2024 – Page 7 of 11 Case CUP-2024-0007 Existing Street Improvement Conditions Street Name Travel Lanes Curb & Gutter Sidewalk North Palm Canyon Drive Y Y Y Site Area Net Acres 0.25 Acre (10,912.5 SF) Surrounding Property Existing Land Use Per Chapter 92 Existing General Plan Designation Existing Zoning Designation Subject Property Mixed-Use Building CBD (Central Business District) CBD (Central Business District) / D (Downtown Parking Combining Zone) / R (Resort Overlay Zone) North Vacant Commercial Building (376-380 N. Palm Canyon Dr.)/Retail (The Michael Weems Collection) CBD CBD/D/R South Restaurant (Las Casuelas Original) CBD CBD/D/R East Retail (Mojave Flea Trading Post) CBD CBD/D/R West Commercial Building (General Telephone Building) CBD CBD/D/R ANALYSIS: Conformance with the Zoning Code: The proposed bar use is permitted in the CBD Zone subject to a Conditional Use Permit (CUP) per Palm Springs Zoning Code (PSZC) Section 92.09.01(D)(3). The applicant is proposing indoor live entertainment (DJ) as a part of the bar operation, which is included in the purview of this CUP application review. The proposed project is consistent with the intent of the Resort Combining (R) Zone, which encourages, “…the development of accommodations and services for these visitors while allowing supporting and complementary land uses” (PSZC Section 92.25.00.A). Off-Street Parking Requirements: As stated earlier in this staff report, the project site is fully built out and there is no off- street parking available today. Originally developed in 1935 and 1944, there are few City records available relating to this property, and there are no records or permits available which tell the history of the site’s off-street parking, including where the previous tenants Planning Commission Staff Report September 11, 2024 – Page 8 of 11 Case CUP-2024-0007 and business patrons parked their vehicles. Although the site is located within the Downtown Parking Combining (D) Zone, the site was developed prior to the establishment of the D Zone in 1992, and prior to the parking requirements of the current zoning code. The Land Use Permits (LUPs) and business license history show that the proposed bar space was previously occupied by restaurants between late 1990s and early 2000s and likely prior to that. The restaurant use was later replaced by art galleries until 2023. The previously issued LUPs for the restaurants do not provide any information pertaining to off-street parking conformance, and there are no documents available which verify how off-street parking analyses were performed when the previous uses were established at the site and the changes of uses occurred. Based on the current off-street parking requirements, the code-required minimum off-street parking spaces for the previous restaurants, based on permit information, would range from 5 to 10. The art galleries would be required to provide 5 spaces. The off-street parking requirements were calculated at the ratio stated in the table below: Code Section Use Required # of Parking Spaces PSZC Section 92.26.00(C)(4) Restaurant 1 space/ 4 seats (indoor seating) / 1 space / 8 seats (outdoor seating) PSZC Section 93.06.00(D)(11) Art Gallery 1 space / 500 SF, Minimum 5 Spaces Required, plus 1 space for every company vehicle Notwithstanding the foregoing, and pursuant to PSZC Section 93.06.00(B)(3), provision of additional parking spaces is not required for a new use when a site’s off-street parking is deemed legal nonconforming. The proposed bar will be fully located within an existing building space, and there is no physical expansion of the building proposed. There are few records available on City file pertaining to the land uses that occurred at the project site in the early years; however, the tenant space was occupied by service-oriented businesses that are similar to a bar use throughout its history. According to the applicant, the buildings at the property are currently unoccupied except for the new bar space. There is street parking available on both sides of North Palm Canyon Drive, and there are a few public parking lots available within a walking distance from the site, one of which is a public parking lot located across the street approximately 80 feet away from the project site and accommodates approximately 45 vehicles (Attachment 6). Additionally, given the downtown location, some of the prospective patrons may take an alternative transportation method (e.g. Uber, Lyft, taxi, rideshare) considering the nature of the business. For the reasons stated above, staff concludes that the site’s off-street parking meets the intent of the requirements of the zoning code and additional off-street parking is not required for the proposed project. Indoor Live Entertainment: As noted earlier in this staff report, the project is proposing to conduct indoor live entertainment (DJ) Thursday through Saturday between 7:00 PM and 11:00 PM. The proposed bar space is located immediately below a residential dwelling unit, which is also Planning Commission Staff Report September 11, 2024 – Page 9 of 11 Case CUP-2024-0007 leased by the applicant. Considering the proximity of the restaurant to the residential dwelling unit, staff is recommending the following condition of approval (PLN 8) relating to the proposed indoor live entertainment. PLN 7. Indoor Live Entertainment. Permitted indoor live entertainment shall be limited to Thursday through Saturday between 7:00PM and 11:00 PM. All doors and windows shall be closed during the performance. The activity shall fully conform to the City’s Noise Ordinance regulations (PSMC Chapter 11.74), and the business shall monitor the noise level during the performance. FINDINGS – CONDITIONAL USE PERMIT: PSZC Section 94.02.00(B)(6) requires the approval authority to evaluate the application and make findings for conformance to the five criteria. Staff has listed these findings and provided an analysis of the project’s compliance below. Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Y A bar as a primary use is permitted in the CBD Zone subject to a Conditional Use Permit (CUP) per Palm Springs Zoning Code (PSZC) Section 92.09.01(D)(3). The proposed bar operation is inclusive of indoor live entertainment. Therefore, the proposed project meets this requirement. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Y The site’s General Plan land use designation is Central Business District (CBD). The area is “the main activity center and cultural core of the community” and various commercial activities, including entertainment, are encouraged in the area (Palm Springs 2007 General Plan, page 2-7). Located in Downtown, the bar will service both visitors and local residents. This is consistent with the objectives of the General Plan, which aim for “…a balancing act of land uses that accommodate visitor serving uses while preserving and enhancing the quality of life of its residents” (Palm Springs 2007 General Plan, page 2-19). Further, the proposed use will expand the available services and products that the area has to offer. Hence, the proposed project meets this finding. Planning Commission Staff Report September 11, 2024 – Page 10 of 11 Case CUP-2024-0007 Criteria and Findings [PSZC 94.02.00(B)(6)] Compliance 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. Y The project site is conforming to the minimum lot and dimension requirements of the CBD Zone. The project site is a part of the densely developed commercial building corridor along North Palm Canyon Drive. Additionally, the site is directly accessible from the street sidewalk on North Palm Springs, which is a busy pedestrian corridor. The site is adjacent to a restaurant to the south, and it was previously occupied by food and beverage services which indicates that the proposed use is appropriate for the site and its vicinity. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Y The project site is located on North Palm Canyon, which is a major thoroughfare with four (4) lanes. The adjacent street and sidewalk are improved, and it is adequate to accommodate the amount of traffic which is expected to be generated by the proposed bar. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards. Y The recommended conditions of approval are appropriate for the proposed use to ensure the safety and welfare of the general public and fully conform to the applicable development standards. Such conditions include, but are not limited to, the requirement of a security plan imposed by the Police Department (PLN 11), regulations relating to indoor live entertainment (PLN 7), and conformance with the ABC license requirements and operational regulations (PLN 1). ENVIRONMENTAL ANALYSIS: The proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and has been determined to be categorically exempt pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Facilities). The project may involve minor interior alterations such as partitions, plumbing, and electrical conveyance with no expansion to the floor area of the existing building. Planning Commission Staff Report September 11, 2024 – Page 11 of 11 Case CUP-2024-0007 CONCLUSION: The project proposes to operate a bar within an existing mixed-use building. The proposed bar operation includes indoor live entertainment (DJ), and the space immediately above the bar is a residential unit, which is being leased by the applicant. Mixed-use buildings are permitted by right in the CBD Zone, and potential land use conflicts are mitigated by implementing a recommended condition of approval, PLN 7, which requires adherence to the City’s noise ordinance regulations and all windows and doors to be closed during the indoor live performance. Originally developed in 1935 and 1944, the project site is fully built out and there is no off-street parking available. Considering the historic and current use of the buildings at the site, the site’s proximity to public parking lots, and the nature of the proposed business, staff concludes that the proposed bar use does not require additional off-street parking. Since the proposed project is generally consistent with the goals and objectives of the General Plan Land Use Element and the intent of the zoning code for the CBD Zone, staff recommends that the Planning Commission approve the proposed project subject to the conditions of approval attached to the draft resolution (Attachment #3). PREPARED BY: Noriko Kikuchi, AICP, Associate Planner REVIEWD BY: Edward Robertson, Principal Planner REVIEWD BY: David Newell, AICP, Assistant Director of Planning ATTACHMENTS: 1. Vicinity Map 2. Aerial Map 3. Draft Resolution and Conditions of Approval (Exhibit A) 4. Justification Letter 5. Public Integrity Disclosure Form 6. Public Parking Location Map 7. Site Photographs 8. Plans Department of Planning Services Vicinity Map CITY OF PALM SPRINGS CUP-2024-0007 370 North Palm Canyon Drive (APN: 513-081-021) Project Site North Palm Canyon Drive RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. CUP-2024-0007, CONDITIONAL USE PERMIT (CUP), TO ALLOW LAS CASUELAS VIEJAS, INC. TO OPERATE A 960- SQUARE-FOOT BAR AT 370 NORTH PALM CANYON DRIVE (APN: 513-081-021), ZONE CBD, SECTION 15 (CASE NO. CUP-2024-0007). THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS: A. Las Casuelas Viejas, Inc. (“Applicant”) has filed a Conditional Use Permit application, Case No. CUP-2024-0007, with the City pursuant to Section 94.02.00 of the Zoning Code for a new bar located at 370 North Palm Canyon Drive (APN: 513-081-021). B. Pursuant to Palm Springs Zoning Code Section 92.09.01(D)(3), bars and cocktail lounges as a primary use in the CBD (Central Business District) Zone is permitted subject to a Conditional Use Permit (CUP). The bar operation includes indoor live entertainment on certain days of the week, which is included in the purview of the CUP application review. C. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. CUP-2024-0007, was given in accordance with applicable law. D. On September 11, 2024, a public hearing on the application was held by the Planning Commission in accordance with applicable law. E. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations (Class 1, Existing Facilities). The project may involve minor interior alterations such as partitions, plumbing, and electrical conveyance with no expansion to the floor area. Hence, the project does not require any additional environmental assessment and the project is exempt from further CEQA analysis. F. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. G. In accordance with Section 94.02.00 (Conditional Use Permit) of the Zoning Code, the Planning Commission finds as follows: Planning Commission Resolution No. September 11, 2024 Case CUP-2024-0007 Page 2 of 3 a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; A bar as a primary use is permitted in the CBD Zone subject to a Conditional Use Permit (CUP) per Palm Springs Zoning Code (PSZC) Section 92.09.01(D)(3). The proposed bar operation is inclusive of indoor live entertainment. Therefore, the proposed project meets this requirement. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The site’s General Plan land use designation is Central Business District (CBD). The area is “the main activity center and cultural core of the community” and various commercial activities, including entertainment, are encouraged in the area (Palm Springs 2007 General Plan, page 2-7). Located in Downtown, the bar will service both visitors and local residents. This is consistent with the objectives of the General Plan, which aim for “…a balancing act of land uses that accommodate visitor serving uses while preserving and enhancing the quality of life of its residents” (Palm Springs 2007 General Plan, page 2-19). Further, the proposed use will expand the available services and products that the area has to offer. Hence, the proposed project meets this finding. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project site is conforming to the minimum lot and dimension requirements of the CBD Zone. The project site is a part of the densely developed commercial building corridor along North Palm Canyon Drive. Additionally, the site is directly accessible from the street sidewalk on North Palm Springs, which is a busy pedestrian corridor. The site is adjacent to a restaurant to the south, and it was previously occupied by food and beverage services which indicates that the proposed use is appropriate for the site and its vicinity. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The project site is located on North Palm Canyon, which is a major thoroughfare with four (4) lanes. The adjacent street and sidewalk are Planning Commission Resolution No. September 11, 2024 Case CUP-2024-0007 Page 3 of 3 improved, and it is adequate to accommodate the amount of traffic which is expected to be generated by the proposed bar. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards. The conditions of approval are appropriate for the proposed use to ensure the safety and welfare of the general public and fully conform to the applicable development standards. Such conditions include, but are not limited to, the requirement of a security plan imposed by the Police Department (PLN 11), regulations relating to indoor live entertainment (PLN 7), and conformance with the ABC license requirements and operational regulations (PLN 1). THE PLANNING COMMISSION RESOLVES: That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the Planning Commission hereby approves Case No. CUP-2024-0007, Conditional Use Permit, to allow Las Casuelas Viejas, Inc. to operate a 960-square-foot bar at 370 North Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 11th day of September, 2024. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA _________________________________ Christopher Hadwin Director of Planning Services RESOLUTION NO.____ EXHIBIT A Case CUP-2024-0007 Alana Bar & Tapas – Las Casulelas Viejas, Inc. 370 North Palm Canyon Drive (APN: 513-081-021) September 11, 2024 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. Except as modified by the conditions below, this approval authorizes the operation of a 960-squre-foot bar within an existing mixed-use building located at 370 North Palm Canyon Drive. ADM 2. Reference Documents. The interior improvements and operation shall be in accordance with the plan on file in the Department of Planning Services except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner, lessee, applicant and successors and assigns (collectively "applicant") shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Resolution No. _____ Conditions of Approval Page 2 of 5 CUP-2024-0007 – Alana Bar & Tapas September 11, 2024 Springs, its legislative body, advisory agencies, or administrative officers concerning Case CUP-2023-0007. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this Conditional Use Permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the Planning Commission authorizing the permit. ADM 7. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. ADM 8. Cause No Disturbance. The owner shall monitor walkways and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. ADM 9. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with the law. Resolution No. _____ Conditions of Approval Page 3 of 5 CUP-2024-0007 – Alana Bar & Tapas September 11, 2024 ADM 10. Comply with City Noise Ordinance. This use and property shall comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit (CUP). Ordinance Time of Day Ordinance dBA Limits 7:00 AM to 6:00 PM 60 6:00 PM to 10:00 PM 55 10:00 PM to 7:00 AM 50 ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Serving of Alcoholic Beverages and Products. Applicant shall obtain a valid California Department of Alcoholic Beverage Control (ABC) liquor license for the serving of alcoholic beverages and shall fully conform to the operational requirements imposed by the agency. PLN 2. Hours of Operation (Bar). This Conditional Use Permit allows the following hours of operation for the bar (see PLN 7 for regulations relating to indoor live entertainment): • Tuesday and Wednesday: 4:00 PM – 10:00 PM • Thursday, Friday, and Saturday: 4:00 PM – Midnight • Monday and Sunday: Closed Any future modifications to the hours of operation shall require an amendment to this CUP. PLN 3. Outdoor Entertainment and Amplified Sound/Music. Outdoor entertainment and amplified sound/music is not permitted under this Conditional Use Permit (CUP). PLN 4. Intensification of Use. The expansion or intensification of the approved use, which include but are not limited to, the expansion of the use to the exterior, an addition to the floor area, and an increase in the amount of seats, shall require an amendment to this Conditional Use Permit. PLN 5. Sign Permits Required. No signs are approved by this action. All signs, including temporary signs, shall be reviewed and approved in accordance with Palm Springs Zoning Code (PSZC) Section 93.20.00 (Signs). No signs shall be installed without sign permits. Work done without permits shall be Resolution No. _____ Conditions of Approval Page 4 of 5 CUP-2024-0007 – Alana Bar & Tapas September 11, 2024 assessed the base fee plus a fine of the same amount in accordance with the City’s Comprehensive Fee Schedule. PLN 6. Outside Storage Prohibited. No outside storage of any goods, products, or materials shall be permitted. PLN 7. Indoor Live Entertainment. Permitted indoor live entertainment shall be limited to Thursday through Saturday between 7:00PM and 11:00 PM. All doors and windows shall be closed during the performance. The activity shall fully conform to the City’s Noise Ordinance regulations (PSMC Chapter 11.74), and the business shall monitor the noise level during the performance. PLN 8. Property Maintenance. The property shall be maintained in accordance with Palm Springs Zoning Code Section 93.19.00 (Property Maintenance Standards). PLN 9. Police Department. The business shall work with the Police Department to amicably resolve complaints related to the business operations at this property. PLN 10. Exterior Alterations. Exterior alterations, which include but are not limited to, permanent and temporary sign installation, window and door replacement, fence/wall installation, and change to the color and materials of the exterior elevations, require separate review and approval by the Department of Planning Services and Historic Preservation Officer (HPO). Such work shall not be commenced unless the work is first reviewed and approved by the Department of Planning Services and HPO. PLN 11. Security Plan Required. The applicant shall submit a security plan to the Department of Planning Services prior to the commencement of the bar operation. The security plan to be submitted to the Department of Planning Services shall be pre-approved by the Police Department. The commencement of the bar operation is prohibited until this requirement is met. BUILDING DEPARTMENT CONDITIONS BLD 1. Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. BLD 2. Building Code. Construction documents shall comply with the 2022 California Building Code. BLD 3. Riverside County Health Department Approval Required. Construction plans shall be approved by the Riverside County Department of Environmental Health. Resolution No. _____ Conditions of Approval Page 5 of 5 CUP-2024-0007 – Alana Bar & Tapas September 11, 2024 FIRE DEPARTMENT CONDITIONS: FIRE 1. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. FIRE 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers and a fire alarm system based on the change of use. FIRE 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FIRE 4. Fire Extinguishers: Shall provide 2A 10BC fire extinguishers every 75’. Shall mount 3-5’ off the ground. FIRE 5. Aisle Widths: Shall maintain 36” aisle widths in between all seats. FIRE 6. Exits: Shall provide 2 exit discharges. They shall either be completely open or closed with panic bars. FIRE 7. Occupant Load: An Occupant load shall be calculated by a license architect. FIRE 8 Door Swing: N.W door exit door in alley shall swing out. END OF CONDITIONS Justification Letter June 25, 2024 City of Palm Springs Planning Department 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Current Zone Use: Central Business District General Plan: Medium-Low Occupancy Group: B Project: Alana Bar & Tapas Certificate of Occupancy: 03/27/2024 Building Department Permit No.: BLDC-2024-0531 Business Owner: Alana Coffin / Las Casuelas Viejas, Inc. Address: 370 N. Palm Canyon Drive, Palm Springs, CA 92262 To Whom It May Concern: In accordance with the City of Palm Springs' requirement for a justification letter regarding the new restaurant/bar, Alana Bar & Tapas, please note the following: Information: Sustainability: The proposed project will not participate in the City of Palm Springs Green Building Program. However, it will employ standard industry construction practices, including recycled materials, energy-efficient HVAC equipment (SEER Rating), LED lighting, and low-VOC paints and floor sealers. The project is situated in a walkable community and will complement Palm Springs' architectural and design aesthetics. 1. The current property owner intends to redevelop the existing restaurant/bar located at 370 N. Palm Canyon Drive. The existing establishment has become outdated and does not align with cur rent design trends seen in adjacent restaurants/bars. The space has been closed for over a year. My current business, "Las Casuelas Original," has been a staple in Palm Springs for over 66 years, serving as an icon for locals and visitors alike. Due to space constraints and a desire to preserve the restaurant's original structure, I have not previously been able to offer bar service. The bar will offer a modern and clean design without altering the façade or existing architecture. It will provide high-quality bar service that meets contemporary standards while respecting the current aesthetic of the city. Hours of operation will be as follows: Tuesday and Wednesday from 4 PM to 10 PM; Thursday, Friday, and Saturday from 4 PM to midnight. The bar will be closed on Sunday and Monday. We are requesting permission to have a live DJ on Thursday, Friday, and Saturday from 7 PM to 11 PM. We plan to employ a total of five staff members: three full-time and two part-time, including two bar tenders and two cocktail servers. Adjacent properties include my restaurant, “Las Casuelas Original,” to the south, and an empty space, previously a gallery, to the north. The property faces N. Palm Canyon Drive, directly across from a restaurant/bar called Azul, which has been closed for over four years. We propose to create a bar offering an atmosphere reminiscent of Mexico City, with cocktails and appetizers designed in collaboration with a top bar tender from Mexico City and Chef Gabe Woo. The goal is to deliver a unique experience reflective of Mexico City's vibrant culinary scene. The bar will be managed by owner Alana Coffin, who has extensive experience in this type of establishment. Additionally, a floor manager will oversee daily customer service and quality control for food and drinks. The team will include two bar tenders and two cocktail servers. Please note that the parklet in front of the property belongs solely to Las Casuelas restaurant and will not be utilized by the bar. The existing infrastructure that is behind Las Casuelas restaurant will, and has previously, been used for guest parking. Additionally, this parking lot will seamlessly house our trash bins in our already approved, designated section which we have used historically (Since 1950s) for the restaurant. Given the information provided, I believe the proposed redevelopment and use of 370 N. Palm Canyon Drive aligns with all city requirements and is thus subject to approval. Sincerely, Alana Coffin Project Site Public Parking SHEETNUMBER SHEETNUMBER REFREF BEER & JUICE DRAFT BEER DOOR SCHEDULEMARKWIDTHHEIGHTSIZETYPEMATERIALNOTESDOOR SCHEDULEMARKWIDTHHEIGHTSIZETYPEMATERIALNOTESD/WICE CHEST ICE CHEST SHEETNUMBER REFREFCUPS &BOTTLES BEER & JUICE DRAFT BEERWINE REFWINE REFSHEETNUMBER SHEETNUMBER