HomeMy WebLinkAboutPC Resolution _4752- Case 5.0871RESOLUTION NO. 4 q 5 Z.
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5.0871 TO ALLOW
FOR A COCKTAIL LOUNGE WITH LIVE ENTERTAINMENT
LOCATED AT 611 SOUTH PALM CANYON DRIVE, #16, C-2 ZONE,
SECTION 22.
WHEREAS, Alan Seymour, (the "Applicant") filed an application with the City pursuant to section
9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow a cocktail lounge with live
entertainment for the property located at 611 South Palm Canyon Drive, #16, C-2 Zone Section 22; and
WHEREAS, the hours of operation for the cocktail lounge will be from 9 p.m. until 2 a.m. daily; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to
consider an application for Conditional Use Permit 5.0871 was issued in accordance with applicable
law; and
WHEREAS, on May 23, 2001 , a public hearing on the application for Conditional Use Permit 5.0871
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, 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, all
written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically
exempt from California Environmental Quality Guidelines (CEQA).
Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that:
a. The use applied for at the location set forth in the application is properly one for which a
Conditional Use Permit is authorized by the City's zoning ordinance.
Pursuant to the Zoning Ordinance, a proposed cocktail lounge is a use which is conditionally
permitted in the C-2 zone.
b. The said use is necessary or desirable for the development of the community, and is in
harmony with the various elements or objectives of the General Plan, and is not detrimental to
the existing or future uses specifically permitted in the zone in which the proposed use is to be
located.
The proposed use and improvements are necessary or desirable for the development of the
community and will provide an entertainment use for the local residents within the surrounding
neighborhood.
C. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping and other features required in order to
adjust said use to those existing or permitted future uses of land in the neighborhood. The
nearest similar free standing use is located a Racquet Club Road and North Palm Canyon
Drive.
The applicant has submitted an on -site parking program that indicates adequate parking is
available on -site. The building is existing and meets all current setback requirements.
d. The site for the proposed use relates to streets and highways properly designed and improved
to cant' the type and quantity of traffic to be generated by the proposed use.
Palm Canyon Drive is a major thoroughfare (100 foot right-of-way) is dedicated to its full
General Plan widths. The number of vehicles will not significantly increase due to the proposed
use. Therefore, the granting of this Conditional Use Permit with the conditions of approval will
not adversely affect the General Plan.
e. The conditions to be imposed are deemed necessary to protect the public health, safety and
general welfare, of the existing neighborhood in which this project is situated.
The proposed use is within an existing building located within the C-2 (General Commercial)
zoning district which allows for the use of a cocktail lounge by Conditional Use Permit. The
proposal will include all improvements necessary to bring this building in compliance with all
current zoning requirements.
The applicant is required to comply with the provisions of Section 11.74 Noise Ordinance of the
Palm Springs Municipal Code. Failure to comply with City Codes, Ordinances and Conditions
of Approval will result in enforcement actions by the Police Department and the Department of
Planning and Building. Enforcement may include citations, arrest, and revocation of the
Conditional Use Permit. Specific conditions of approval have been included which limit noise
levels, require doors and windows to be closed when loud music is being played, that limits
outdoor activity, and includes performance criteria for noise and outdoor use. Failure to comply
will result in enforcement action which may include citations and/or revocation of this
Conditional Use Permit.
EXHIBIT A
CASE 5.0871-CUP
HEADHUNTERS
CONDITIONS OF APPROVAL
May 23, 2001
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction
of the City Engineer, the Director of Planning, 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.
PLANNING DEPARTMENT:
The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
1 a. The owner 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 Springs, its legislative body, advisory agencies, or administrative officers concerning
Case 5.0871-CUP. 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 applicants consent but should it do so, the City shall waive further
indemnification hereunder, 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.
2. 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
Planning and Building, may result in commencement of proceedings to revoke the
Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition,
violations of 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 law.
3. Conditional Use Permit approval for commencement of business operations shall be valid for
a period of two (2) years. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date
of project approval. Permits will not be issued until the appeal period has concluded.
5. Separate architectural approval and permits shall be required for all signs. A detailed sign
program shall be submitted for review and approval by the Planning Commission prior to
issuance of building permits.
6. Proof that parking spaces within the site have been attributed to the nightclub by a covenant
running with the land from the owner, designating the spaces and their hours of use to the
subject use, or a copy of a lease agreement from the owner to the applicant specifying the
parking spaces far the nightclub and their hours of use with a requirement to notify the city if the
lease is broken, shall be provided shall be submitted to the Planning Department prior to
issuance of a business license.
7. The street address numbering/lettering shall not exceed eight inches in height.
8. No sirens, outside paging, music speaker system or any type of signalization will be permitted
except approved alarm systems.
9. The doorway at the rear of the building (south elevation) shall be utilized for emergency access
only and shall be kept closed during business hours.
10. No outside storage of any kind shall be permitted except as approved as a part of the proposed
plan.
11. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm
Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit.
12. All exterior doors and windows shall be closed during times when live entertainment is
offered or recorded music is being played. Live entertainment is permitted in the location
shown on the approved floor plan only. If complaints are received, the music noise level
shall be reduced or turned off.
13. The applicant shall be required to maintain the opening hours as stated on the Conditional
Use Permit application. Hours of operation will be Thursday through Saturday evenings
9:00 pm to 2:00 am and Sundays 4:00 pm to 2:00 am. Any future modifications to the
hours of operation shall require prior approval by the Planning Commission and the City
reserves the right to modify or restrict the business hours based upon documented
operational circumstances.
15. Daily clean up and wash down of sidewalks and parking areas will be required.
16. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in
advance of any changes in the operation of business. Any transference of this Conditional
Use Permit upon change of ownership is subject to review and approval by the City.
17. The owner shall monitor outdoor parking areas, 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 ownerloperator 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.
ENGINEERING DEPARTMENT:
The Engineering Department does not have any requirements for this project. There is no
impact on existing streets nor the rights -of -way adjacent to the property.
FIRE DEPARTMENT:
Construction Requirements - Construction shall be in accordance with the 1998 California
Fire Code, 1998 California Building Code, 1996 National Electric Code, State Contractors
licensing board, Desert Water Agency plus NFPA 13 and 72.
2. Fire Department access roads shall be provided and maintained in accordance with 1998
California Fire Code, Article 9, Section 9801 and 902.
3. Vertical and Horizontal Clearance - Fire apparatus access roads shall have an unobstructed
width of not less than 20' and an unobstructed vertical clearance of not less than 14'6" in
accordance with the California Fire Code Ndp.s. Ord 1570.
4. Turning Radius - The turning radius of fire access roads shall be at least 43' from the
centerline on accordance with the 1998 California Fire Code.
5. Fencing Required - Construction site fencing required in accordance with City of Palm
Springs Ordinance 1570. Fire/Police/Ambulance access gates shall be at least 14' in width
and equipped with a frangible chain and padlock.
6. Fire/Police Ambulance Access Gates - Access gate shall be at least 14' in width.
7. Fire Sprinklers - An automatic Fire Sprinkler System with 24 hour monitoring is required.
Installation shall be in accordance with NFPA 13.
8. Fire Extinguishers - Portable Fire Extinguishers shall be installed in accordance with the
1998 California Code, Article 10, and Standard 10.
9. Fire Alarm Systems - Fire Alarm System required. Installation shall be in accordance with
NFPA 72.
10. Ingress/Egress - Exit Doors, Corridors, Assemblies, Gates, Barriers, Stairways and Ramps,
plus all other means of egress shall be in accordance with 1998 California Building Code.
Contact building official.
11. Exist Signs - Exit signs shall be in accordance with 1998 California Building Code.
12. Further Comments - Further comments as conditions warrant.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 5.0871 subject to those conditions set forth in the
attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy
unless otherwise specified.
ADOPTED this 23`d day of May, 2001.
AYES: Matthews, Caffery, Klatchko, Shoenberger, Jurasky
NOES: None
ABSENT: None
ABSTENTIONS: Raya, Mills
ATTEST:
CITY OF PALM SPRINGS
6=��W,6 . - Lwv�
ice,,Chai of the Planning Commission Secretarythe Planning Commission