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HomeMy WebLinkAboutPC Resolution _6222- Case 5.1267 CUPRESOLUTION NO. 6222 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1267, A CONDITIONAL USE PERMIT (CUP) TO ALLOW A BEER GARDEN ABD RESTAURANT USE AT 390 NORTH PALM CANYON DRIVE. WHEREAS, Davy Aker of ModernWorks, LLC. ("Applicant") has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a restaurant serving coffee, tea, wine, beer, appetizers and desserts in a 925- square foot tenant space within a multi -tenanted building located at 390 North Palm Canyon Drive, Zone CBD, Section 15, APN: 513-081-022; and WHEREAS, the facility is limited to individuals who are 21 years of age or older; and WHEREAS, a beer garden may be permitted in the CBD (Central Business District) Zone with the approval of a Conditional Use Permit, pursuant to Section 92.09.01(D)(4) of the Zoning Code; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1267 — CUP was given in accordance with applicable law; and WHEREAS, on July 27, 2011, 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 I 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: Section 94.02.00('13)(6) of the Zoning Code requires the Planning Commission not approve a Conditional Use Permit unless it finds as follows: 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. 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 Planning Commission Resolution No. 6222 Case 6.1267— CUP 390 N. Palm Canyon Drive July 27, 2011 Page 2of3 detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. 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. 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. 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 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. Section 2: Based upon the foregoing, the Planning Commission finds as follows: 1. Pursuant to Section 92.09.01(D)(4) of the Zoning Code, a beer garden use is permitted within the CBD Zone with the approval of a Conditional Use Permit. The use will be located within a multi -tenanted commercial I retail complex that fronts a major thoroughfare within the Central Business District of the City. 2. The use will be desirable for a portion of the local and tourist populations while promoting the various policies of the General Plan, including Land Use Policy 101 Planning Commission Resolution No. 6222 Case 5.1267 — CUP 390 N. Palm Canyon Drive July 27, 2011 Page 3 of 3 LU 10.4 which states, "Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both daytime and evening activity." The proposed use is necessary and desirable for the development of the community as it provides an additional restaurant variety available in the downtown. 3. The project does not propose any significant changes to the site. Minor tenant improvements are proposed. Any adjustments to the project site will be primarily internal, and the existing site is adequate to serve the proposed use. 4. The project site is located along North Palm Canyon Drive, which is designated as a major thoroughfare on the General Plan Circulation Element. The tenant space is approximately 925 square feet in size and any traffic generated by the proposed use will be insignificant to the streets and highways. 5. 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. 5.1267 — CUP, a Conditional Use Permit to allow a beer garden and restaurant use serving coffee, tea, beer, wine, appetizers and desserts at 390 North Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 271h day of July, 2011. AYES: 6, Conrad, Munger, Donenfeld, Hudson, Roberts and Chair Caffery NOES: None ABSENT: 1, Klatchko ABSTAIN: None ATTEST: r • w� • i •Plarfi• r CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO.6222 EXHIBIT A Case 5.1267 CUP Davy Aker of ModemWorks, LLC 390 North Palm Canyon Drive July 27, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1267 CUP, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans on file in the Planning Division, except as modified by the conditions below. ADM 3. Conform to all Codes and Regulation 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 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 5.1267 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 1611 Resolution No. 6222 Conditions of Approval 5.1267 CUP — Crave Page 2 of 4 July 27, 2011 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 B. 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 the use is implemented, the Conditional Use Permit does not have a time limit, provided the project has remained in compliance with all conditions of approval. ADM 8. 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 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Cause No Disturbance. 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. Resolution No. 6222 Conditions of Approval 5.1207 CUP — Crave Page 3 of 4 July 27, 2011 ADM 10. 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 law. ADM 11. 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 12. Seating Count. The applicant shall be limited to the total number of 24 seats inside. Any deviation from this number, including any outdoor seating, shall require prior approval by the Director of Planning Services. ADM 13. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 14. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. 0 PLANNING DEPARTMENT CONDITIONS PLN 1. Letter of Convenience or Necessily. The applicant shall obtain a Letter of Convenience or Necessity from the City Council prior to commencement of the sale of beer and wine. If the Letter of Convenience or Necessity for the proposed use is not granted, the sale of beer and wine is not permitted and this Conditional Use Permit shall be considered null and void. PLN 2. Food Service. The use shall not offer full meals as part of its normal operation. Should the business owner wish to offer full meals, an amendment to this permit shall be required and the restaurant shall comply with the appropriate parking standard outlined in Section 92.26.00 of the Zoning Code. PLN 3. 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. PLN 4. Maintenance of Awnings & Protections. All awnings shall be maintained and periodically cleaned. 0 Resolution No. 6222 Conditions of Approval 5.1267 CUP — Crave Page 4 of 4 July 27, 2011 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. PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II 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 EO