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Home My WebLink AboutPC Resolution _6071- Case 5.1136- CUPRESOLUTION NO. 6071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 5.1136 LOCATED AT 100 SOUTH INDIAN CANYON DRIVE, ZONE R-A AND C-2, SECTION 15. WHEREAS, Simon Moore ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a Conditional Use Permit to allow additional entertainment, karaoke, dancing, live music, and DJ entertainment to existing program and to extend hours of operation at 100 South Indian Canyon Drive, Zone R-A and C-2, Section 15; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1136 , CUP was given in accordance with applicable law; and WHEREAS, on February 28, 2007, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class III exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines; 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, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.02.00(B)(6), the Planning Commission finds: The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code requires the Planning Commission to make a number of findings for approval of the permit. Those findings are analyzed by staff in order below: 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. The combination of a nightclub and restaurant use per Section 92.12.01 (D)(9) is permitted with the approval of a Conditional Use Permit in the C-2 zone. 2) That the 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 existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. r Planning Commission Resolution Case 5.1136 - CUP February 28, 2007 Page 2of3 The proposed uses are necessary and desirable for the development of the community as they add to the nighttime activities available in downtown. Pursuant to the Section 14 Specific Plan, Section 6.1.2, all the proposed uses are consistent and are in harmony with the objectives and elements of general plan in the R-A (Resort Attraction) zone. The project will continue its present use as a restaurant, therefore, the proposed uses are not detrimental to existing uses or to future uses specifically permitted in the C-2 (General Commercial) and R-A zone. 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. The project does not propose any exterior changes to the site. No lighting elements will be visible from the exterior and the applicant states that the noise level will not project more than 25 feet from the restaurant. Minor tenant improvements may be required to conform to the requirements of the Alcoholic Beverage Control (ABC) license. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. 4) 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 along South Indian Canyon Drive, which is designated as a major thoroughfare on the General Plan Circulation Element. The existing off-street parking has been determined to be non -conforming. Pursuant to Section 93.06.00 (3)(a) regarding non -conforming parking lots, the center is considered to be "grandfathered" with the existing number of spaces (76, versus 109 required). 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. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof 51 W Planning Commission Resolution February 28, 2007 Case 5.1136 - CUP Page 3 of 3 i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities I. Time period within which the proposed use shall be developed m. Duration of use n. Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. There is no change to the existing site plan. Staff has included Conditions of Approval to provide parameters and restrictions for the proposed uses. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1136 - CUP. ADOPTED this 281" day of February, 2007. AYES: 6 I CafferylRingleinlMarantz/HochanadellCohenlScott NOES: None ABSENT: 1 1 Hutcheson ABSTAIN: None ATTEST: f/ ram., t •..- - CITY OF PALM SPRINGS, CALIFORNIA Case No. 5.1136 -CUP 100 SOUTH INDIAN CANYON DRIVE February 28, 2007 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, 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: 1. 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 5.1136 - 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 applicant's 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 ME Planning Commission COAs Case 5.1136 — CUP February 28, 2007 Page 2 of 2 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 94.02.00 (1) 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. Commencement of the Conditional Use Permit approval 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 a sign program shall be required for all signs. 6. The street address numbering/lettering shall not exceed eight inches in height. 7. No sirens, outside paging, music speaker system or any type of signalization will be permitted, except approved alarm systems. 8. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. BUILDING The applicant will obtain permits for all construction involved with the site. EO M- K