Loading...
HomeMy WebLinkAboutPC Resolution _6086- Case 5.1143- CUPRESOLUTION NO.6086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 5.1143 LOCATED AT 188 SOUTH INDIAN CANYON DRIVE, ZONE C-2, SECTION 14. WHEREAS, Vern Wright ("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 the on - site consumption and retail of wine at 188 South Indian Canyon Drive, Zone C-2, Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1143 — CUP was given in accordance with applicable law; and WHEREAS, on April 11, 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 on -site sale of wine is established per Section 92.09.01(D)(9) as a permitted use with a Conditional Use Permit in the CBD zone. The Zoning Code allows cocktail lounges, a permitted use subject to a Conditional Use Permit per Section 92.12.01(D)(9) of the Zoning Code. That section would indicate that on -site consumption of alcohol is required to be regulated with a Conditional Use Permit. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is in harmony with the various elements or objectives of the general plan, and is not Planning Commission Resolution Case 5.1143 - CUP April 11, 2007 Page 2 of 3 detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The project is consistent with Policy 3.20.1 of the General Plan which states, "encourage the establishment of family recreation and entertainment, hotel, and specialty food uses as primary uses," and Section 14 Specific Plan specifically allowing the proposed use. 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. Minor tenant improvements may be required to conform to the requirements of the ABC license. Any adjustments to the project site will be internal and the existing conditions are adequate to the use. On -site alcohol consumption is ongoing for the restaurants and clubs existing within the mixed -use development. 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 spaces have been determined to be in conformance with the Zoning Ordinance. 5) That the conditions to be impo deemed necessary to protect th may include minor modification Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls sed and shown e public health, of the zone's on the approved site plan are safety and general welfare and property development standards. 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 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 L Planning Commission Resolution Case 5.1143 - CUP April 11, 2007 Page 3 of 3 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 use. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1143 - CUP. ADOPTED this 11th day of April, 2007. AYES: 7 / HochanadellRingleinlMarantz/Cohen/Hutcheson/Caffery/Scott NOES: None ABSENT: None ABSTAIN: None ATTEST: aig ing, AICP Direc r of Plannin S rvices CITY OF PALM SPRfNGS, CALIFORNIA Case No. 5.1143 -CUP (D 188 SOUTH INDIAN CANYON DRIVE April 11, 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. PROJECT SPECIFIC CONDITIONS: 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 5.1143 - 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. Planning Commission COAs Case 5.1143 — CUP April 11, 2007 Page 2 of 3 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. 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 permits 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. 9. 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. 10. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Hours of operation will be from 10:00 a.m. to midnight. daily. 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. 11. The applicant shall be limited to the total number of seats as follows: a maximum of 26 seats inside (including bar stools). Any deviation from these numbers shall require prior approval by the Director of Planning and Building. The approved Planning Commission COAs Case 5.1143 — CUP April 11, of 3 Page 3 of 3 floor plan shall not be altered without review and approval of the Director of Planning and Building. 12. 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. 13. 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 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. 14. The applicant will provide all buyers with a copy of this Conditional Use Permit FIRE 15. The applicant will comply with all requirements of the Palm Springs Fire Department. BUILDING 17. The applicant will obtain permits for all construction involved with the site.