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HomeMy WebLinkAboutPC Resolution _6250- Case 5.1274 CUPRESOLUTION NO.6250 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1274, A CONDITIONAL USE PERMIT (CUP) TO ALLOW A COCKTAIL LOUNGE USE AT 2100 NORTH PALM CANYON DRIVE. WHEREAS, Michele Cinque ("Applicant") has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a cocktail lounge use in a 3,065-square foot tenant space within a multi -tenanted commercial complex located at 2100 North Palm Canyon Drive, Zone C-1, Section 3, APN: 504-270-015; and WHEREAS, a cocktail lounge may be permitted in the C-1 (Central Retail Business) Zone with the approval of a Conditional Use Permit, pursuant to Section 92.12.01(D)(9) of the Zoning Code; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1274 — CUP was given in accordance with applicable law; and WHEREAS, on February 8, 2012, 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(B)(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 property one for which a conditional use permit is authorized by this Zoning Code. Pursuant to Section 92.12.01(D)(9) of the Zoning Code, a cocktail lounge use its permitted within the C-1 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 a Central Retail Business Zone of the City. i' Planning Commission Resolution No. 6250 Case 5.1274 — CUP 2100 N. Palm Canyon Drive February 8, 2012 Page 2 of 3 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 detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located The use will provide entertainment and gathering space within a commercial zone in the City. The proposed use is desirable for the development of the community as it adds to the nighttime activities available in the Artist Colony of the Mixed Use / Multi - Use area of the City. The business has previously operated at this location and it is not anticipated to be detrimental to existing uses or future uses specifically permitted in the C-1 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 significant changes to the site. However, alterations to the site lighting and patio fencing will be made to provide enhanced safety and security. These modifications are expected to adjust the cocktail lounge to the existing and future permitted uses of land in the neighborhood. 4. That the site for the proposed use relates to streets and highways property designed and improved to carry the type and quantity of traffic to be generated by the proposed use. 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 3,045 square feet in size and any traffic generated by the proposed use will be insignificant to the streets and highways. 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 yawls, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications 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. and improvements or K K Planning Commission Resolution No. 6250 Case 5.1274 — CUP 2100 N. Palm Canyon Drive February 8, 2012 Page 3 of 3 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. Conditions of Approval are included in this resolution to provide parameters and restrictions for the proposed use, including, but not limited to, compliance with the City Noise Ordinance, enhanced lighting in the parking lot, etc. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1274 — CUP, a Conditional Use Permit to allow a cocktail lounge use with forty indoor seats and twenty outdoor seats in a mixed use complex located at 2100 North Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 81h day of February 2012. AYES: 6, Conrad, Munger, Roberts, Klatchko, Vice Chair Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO.6250 EXHIBIT A Case 5.1274 CUP Michele Cinque of Toucans Tiki Lounge 2100 North Palm Canyon Drive February 8, 2012 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 5.1274 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 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. 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 def City of Palm Springs, its agents, offi action, or proceeding against the City or employees to attach, set aside, vo Palm Springs, its legislative body, officers concerning Case 5.1274 CUP. notify the applicant of any such claim, of Palm Springs and the applicant will end, indemnify, and hold harmless the cers, and employees from any claim, of Palm Springs or its agents, officers id or annul, an approval of the City of advisory agencies, or administrative The City of Palm Springs will promptly action, or proceeding against the City either undertake defense of the matter W Resolution No. 6250 Conditions of Approval 5.1274 CUP -- 2100 N. Palm Canyon Drive Page 2 of 4 February 8, 2012 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. The Conditional Use Permit does not have a time limit, provided the project has remained in compliance with all conditions of approval. Two years from the date of approval, the Planning Commission shall review a status update on the CUP to determine compliance with the 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. 6250 Condidons of Approval 5.1274 CUP — 2100 N. Palm Canyon Drive Page 3 of 4 February 8, 2012 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. Control of Noise. Live entertainment is permitted in the location shown on the approved floor plan only. If complaints are received, all exterior doors and windows shall be closed immediately upon request of the enforcement officer. 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 and approved security plan to all buyers and potential buyers. ADM 15. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of sidewalks for any outdoor seating areas or patios will be required. PLANNING DEPARTMENT CONDITIONS PLN 1. Seating Count. The applicant shall be limited to the total number of 40 seats inside and 20 seats outside as shown in the approved plan. Any deviation from these numbers shall require prior approval by the Planning Commission. The applicant shall maintain the minimum clearance as specified by the Fire Department between the front entrance and the outdoor tables and chairs. PLN 2. Hours of Operation. The applicant shall be required to maintain the operating hours as stated on the Conditional Use Permit application. Hours of operation shall be from 12:00 p.m. to 2:00 a.m. 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. 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. Resolution No. 6250 Conditions of Approval Page 4 of 4 5.1274 CUP — 2100 N. Palm Canyon Drive February 8, 2012 PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 6. 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. Parking Lot Lighting. Within ninety (90) days of approval of the Conditional Use Permit, the applicant shall ensure that additional lighting be installed in the parking lot, as approved by the Chief of Police and Director of Planning Services. POL 2. Patio Fencing. Within ninety (90) days of approval of the Conditional Use Permit, the applicant shall install a six (6) foot wrought iron fence or equivalent along the entire length of the patio. This fence shall be equipped with an alarmed "exit -only" gate. Alternative physical security measures may 0 be approved by the Chief of Police and Director of Planning Services. POL 3. Security Plan. Within thirty (30) days of approval of the Conditional Use Permit, the applicant and property owner shall agree, in writing, to comply with a security plan that has been approved by the Chief of Police. The property owner or his/her designee shall ensure compliance with the approved security plan at all times. If the Chief of Police has determined that there are continual violations of the security plan, the Conditional Use Permit may be revoked by the City Council, pursuant to Section 94.02.00 of the Zoning Code. BUILDING DEPARTMENT CONDITIONS BLD I. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS 0