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HomeMy WebLinkAboutPC Resolution _6203- Case 5.1264 CUPP RESOLUTION NO.6203 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1264 CONDITIONAL USE PERMIT TO ALLOW FOR A 450 SQUARE FOOT EXPANSION OF STREETBAR LOCATED AT 224 EAST ARENAS ROAD. WHEREAS, Dick Haskamp ("Applicant') filed an application with the City for a Conditional Use Permit to allow for a 450 square foot expansion of an existing cocktail lounge located at 224 East Arenas Drive, APN 508-081-003 Section 14; 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 5.1243 was issued in accordance with applicable law; and WHEREAS, on June 8, 2011, the public hearing on the application for Conditional Use Permit 5.1264 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, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: This project is categorically exempt from environmental review pursuant to Section 15303(c) (Class 3 — new construction not exceeding 2,500 square feet) of the Califomia Environmental Quality Act (CEQA). Section 2: 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. Therefore, the Planning Commission finds: 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 site is located within the RA zone which equates to the Central Business District Zone (CBD). Pursuant to Section 92.09.01 (D)(5) of the Palm Springs Zoning Code (PSZC), cocktail lounges and nightclubs are permitted within the CBD zone. 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 Ci detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Planning Commission Resolution No. 6203 Case No. 5.1264 - CUP June 8, 2011 Page 2 of 3 The proposed site is located within the Section 14 Master Plan area and has a designation of Resort Attraction (RA). The Section 14 Mater Plan provides regulations and standards for the type and character of development that is allowed on any one of the given individual parcels within Section 14. The Resort Attraction land use designation permits a wide variety of general commercial activities that would be consistent with the proposed expansion of the cocktail lounge. The proposal therefore, is consistent with the Section 14 Master Plan and the use will not be detrimental to existing or future uses specifically permitted in the 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 proposed 450-square foot cocktail lounge expansion within an existing building will not affect any existing setbacks. The expansion will involve a tenant improvement and no expansion of overall building square footage. The only exterior site improvements proposed for the project are improvements relating to the outdoor patio expansion and the construction of a new set of stairs. Therefore, the site is adequate in size and shape to accommodate the proposed cocktail lounge expansion. 4. That the site for the proposed use relates to streets and highways property designed and improved to cant' the type and quantity of traffic to be generated by the proposed use. The project site is located on the east side of South Indian Canyon Drive and fronts along East Arenas Road. South Indian Canyon Drive is designated as a Major Thoroughfare on the City's General Plan Circulation Map, and Arenas Road is designated as a secondary thoroughfare; both roads are fully improved and will provide access to the proposed use. 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 wehiarie 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 EO �f 0 0 Planning Commission Resolution No. 6203 Case No. 5.1264 - CUP June 8, 2011 Page 3 of 3 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 1. 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. All proposed conditions of approval are necessary to ensure compliance with the Zoning Ordinance requirements and to ensure the public health, safety and welfare. No minor modifications to development standards are included. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.1264, subject to the conditions set forth in the attached Exhibit A. ADOPTED this a day of June, 2011. AYES: 7, Munger, Roberts, Klatchko, Hudson, Conrad, Vice Chair Donenfeld and Chair Caffery NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 6203 EXHIBIT A Case 5.1264 - CUP Conditional Use Permit Streetbar Expansion 224 East Arenas Drive June 8, 2011 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. 0 PLANNING COMMISSION IMPOSED CONDTION 1. Sign Program to be submitted for all three buildings on parcel # 508-081-003 before any individual tenant sign approval. This condition ties all new sign permit applications for any tenant space within the center to the approval of a comprehensive sign program. ADMINISTRATIVE CONDITIONS ADM 1. Pr_oiiect Description. This approval is for the project described per Case 5.1264 CUP. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped June 8, 2011, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and 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. Resolution No. 6203 Conditions of Approval 5.1264 CUP — Streetbar Expansion Page 2 of 4 June, 8 2011 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 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 5.1264 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 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. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. Resolution No. 6203 Conditions of Approval 5.1264 CUP — Streetbar Expansion Page 3 of 4 June, 8 2011 ADM 9. Comply with City Noise Ordinance. 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. ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 23. Conditional Use Permit Availabifi . The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers (conditional use permits only) PLANNING DEPARTMENT CONDITIONS PLN 1. Number of Tables and Chairs: The total number of interior chairs permitted for all areas equal seventy-seven (77) seats with ten (10) tables. The total number of chairs on the expanded patio to equal forty-five (45) seats and twelve (12) tables. Total number of seats inside and on the patio (122) and total tables equals (22). PLN 2. Entertainment: Live entertainment is a permitted use and must be kept inside the building at all times. Exterior amplification of any kind is prohibited. Building doors must remain closed at all times during entertainment. 0 PLN 3. Conditions Imposed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: New metal patio railing to match existing style in size and color. • Western end of patio railing to be as low as building code permits. • New planter bed size to match existing. PLN 4. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. . O Resolution No. 6203 Conditions of Approval Page 4 of 4 5.1264 CUP — Streetbar Expansion June, 8 2011 PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 8. Encroachment: Property owner or his/her designee must work with the City Engineering Department to obtain proper encroachment permits for work conducted within the public -right-of-way. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section If of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS Ee N 0 RESOLUTION NO.6202 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.0899-PDD 271 AMEND, AN AMENDMENT TO PREVIOUSLY APPROVED FINAL PLANNED DEVELOPMENT PLANS FOR FORTY-FOUR VACANT LOTS WITHIN THE ALTA DEVELOPMENT LOCATED AT 3200 SOUTH PALM CANYON DRIVE. WHEREAS, Toil Brothers, Inc. ("Applicant") has filed an application -to amend the Final Development Plans of PD 271, Case No. 5.0899, involving modifications to the designs and architecture of single-family residences located within the Alta development located at 3200 South Palm Canyon Drive, Zone PDD 271, Section 35; and WHEREAS, in accordance with Section 94.03.00(G) of the Zoning Code, the Planning Commission may approve minor architectural or site changes that do not affect the intent of the PD; and WHEREAS, on June 8, 2011, a public meeting on Case No. 5.0899 PDD 271-AMEND was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed amendment has been determined to be a project subject to environmental analysis under CEQA; 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 California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration (MND) was previously adopted by the City Council on June 19, 2002 for the Alta development. Pursuant to Section 15162 of the California Environmental Act (CEQA), the preparation of additional environmental documentation is not necessary because the proposed amendment will not change the circumstances related to the project. Furthermore, the amendment will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the proposed amendment could not result in any new environmental impacts beyond those already assessed in the previously adopted mitigated negative declaration. Planning Commission Resolution No. 6202 Case No. 5.0899 PDD 271 —AMEND June 8, 2011 Page 2 of 2 Section 2: The use and density of the subject property remains the same and are not affected by the proposed changes. The architecture will be similar to that which was originally approved and no changes to the landscaping are proposed as part of this amendment. Therefore, the minor architectural and site changes do not affect the intent of the PD. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.0899 PDD 271 — AMEND, subject to all Conditions set forth in Exhibit A of City Council Resolution 20947. ADOPTED this 8th day of June 2011. AYES: 7, Vice Chair Donenfeld, Conrad, Roberts, Hudson, Munger, Klatchko and Chair Caffery NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA K WE