HomeMy WebLinkAboutPC Resolution _6288- Case 5.1279 CUPRESOLUTION NO. 6288
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1279, A CONDITIONAL USE
PERMIT (CUP) TO ALLOW A NIGHT CLUB USE AT
611 SOUTH PALM CANYON DRIVE.
WHEREAS, Fury Investments, Inc. ("Applicant") has filed a Conditional Use Permit
application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a
night club use in a 5,720-square foot tenant space within a multi -tenanted commercial
complex located at 611 South Palm Canyon Drive, Zone C-1, Section 22, APN: 513-
290-014; and
WHEREAS, a night club 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. 5.1279 — CUP was given in accordance with applicable
law; and
WHEREAS, on September 12, 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 properly 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 night club use is permitted
within the C-1 Zone with the approval of a Conditional Use Permit. The use will be
located within a multi -tenanted commercial 1 retail complex that fronts a major
thoroughfare within a Central Retail Business Zone of the City.
Planning Commission Resolution No. 6288 September 12, 2012
Case 5.1279 — CUP, Night Club Use at 611 S. Palm Canyon Drive Page 2 of 3
2. That the use is necessary or desirable for the development of the community, is O
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 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 overall site is approximately 4.4 acres in size and is fully developed. The off-
street parking lot fronting Palm Canyon Drive was recently remodeled and includes
153 parking spaces (including six handicap spaces). The use operates when other
businesses are closed (after 9:00 p.m.) and requires 140 parking spaces where the
public is served. Therefore, the site is adequate in size and shape for the night club
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 Palm Canyon Drive, which is designated as a
major thoroughfare on the General Plan Circulation Element. The tenant space is
approximately 5,720 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 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
Planning Commission Resolution No. 6288 September 12, 2012
Case 5.1279 — CUP; Night Club Use at 611 S. Palm Canyon Drive Page 3 of 3
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
Staff has included Conditions of Approval to provide parameters and restrictions for
the use, including, but not limited to, compliance with the City Noise Ordinance,
restriction of operational hours, etc.
NOW, THEREFORE, BE IT RESOLVED that, based Capon the foregoing, the Planning
Commission hereby approves Case No. 5.1279 — CUP, a Conditional Use Permit to
allow a night club use of approximately 5,720 square feet within a mixed use complex
located at 611 South Palm Canyon Drive, subject to the conditions set forth in the
attached Exhibit A.
ADOPTED this 12th day of September 2012.
AYES: 6, Calerdine, Munger, Roberts, Weremiuk, Vice Chair Hudson and Chair
Donenfeld
NOES: None
ABSENT: 1, Klatchko
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO. 6288
EXHIBIT A v
Case 5.1279 CUP
Fury Investments, Inc. DBA Zelda's
611 South Palm Canyon Drive, Suite #15 
September 12, 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
5.1279 CUP, except as modified by the conditions below. 0
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 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 5.1279 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
Resolution No. 6288
Conditions of Approval
5.1279 CUP — Night Club Use at 611 S. Palm Canyon Drive
Page 2 of 5
September 12, 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 use remains in compliance with all conditions of approval.
One year 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. 6288
Conditions of Approval
5.1279 CUP — Night Club Use at 611 S. Palm Canyon Drive
Page 3 of 5
September 12, 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 revol(e 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. 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 150
seats. 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 not exceed 6:00 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. 0
Resolution No. 6288
Conditions of Approval Page 4 of 5
5.1279 CUP — Night Club Use at 611 S. Palm Canyon Drive September 12, 2012
PLN 4. Maintenance of Awnings & Pro'ections. 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.
PLN 7. Removal of Outside S eaker s . The applicant shall remove and eliminate all
speakers from the outdoor patio area.
POLICE DEPARTMENT CONDITIONS
POL 1. The applicant and owner shall ensure compliance with Section 11 of Chapter
8.04 "Building Security Codes" of the Palm Springs Municipal Code.
POL 2. Prior to initiating the use authorized by this Permit, the applicant shall
implement a security plan as approved by the Palm Spring Police
Department. The security plan shall contain reasonable measures to assure
that the business minimizes potential security problems on the premises and
the surrounding area. The security plan shall be continuously maintained by
the applicant / operator and may be amended at any time by the Chief of
Police. Failure to maintain the security plan may result in administrative
citations, revocation of this permit or criminal prosecution.
POL 3. In the event of a change in ownership, the new operator shall implement the
security plan as approved by the Palm Springs Police Department.
FIRE DEPARTMENT CONDITIONS
FID 1. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 2. Identifcation (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
Resolution No. 6288
Conditions of Approval
5.1279 CUP Night Club Use at 611 S. Palm Canyon Drive
Page 5 of 5
September 12, 2012
FID 3. NFPA 13 Fire Sprinkler System is Required: As per Ordinance 1736 "An
approved fire sprinkler system shall be installed in every Group A Occupancy
per 903.2.1 including those that result from a change of use in an existing
building or portion thereof'. You must maintain your current Fire Sprinkler
system.
FID 4. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed
and certified Protective Signaling Service (Central Station Service) is
required. Provide the Fire Department with proof of listing and current
certificate. The Fire Department shall be notified immediately of change in
service.
FID 5. Fire Alarm System: Maintain current Fire alarm system and shall comply
with the requirements of NFPA 72, 2002 Edition.
FID 6. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top is not more than 5 feet above
the floor.
FID 7. Exit Analysis Plan: Submit an occupancy analysis plan and exit analysis
plan prepared by an accredited architect to the Palm Springs Department of
Building and Safety for approval. Include a detailed floor plan listing room
dimensions, occupancy uses, exit locations, exit sizes, exit paths and
occupant loads. It will be necessary to include your outside patio area in this
analysis if you plan to occupy this space.
The Senior Building Official will make the final decision based on the analysis
plan submitted. All assembly rooms with an occupant load greater than 50
shall have a posted occupant load sign in each room. Please submit a copy of
the approved occupant load for the fire department files.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS
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