HomeMy WebLinkAboutPC Resolution _6297- Case 5.1143 CUPA RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF CASE 5.1143 CUP; A REQUEST FOR
APPROVAL OF A CONDITIONAL USE PERMIT TO
OPERATE A COCKTAIL LOUNGE AT 188 SOUTH INDIAN
CANYON DRIVE, ZONE RA (RESORT ATTRACTION),
SECTION 14.
WHEREAS, Brook Anthony Ortiz ("Applicant") has filed an application with the City
pursuant to Section 94.02.00 of the Zoning Ordinance requesting approval of a
Conditional Use Permit to operate a cocktail lounge at 188 South Indian Canyon Drive,
Zone RA, Section 14; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case 5.1143 — CUP was given in accordance with applicable law;
and
WHEREAS, on November 14, 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 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:
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.
Cocktail Lounges are a permitted use in the RA zone of the Section 14 Specific Plan
with approval of a Conditional Use Permit. The project thus conforms to this finding.
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 detrimental to existing uses or to future uses
#w
Planning Commission Resolution No. 6297
Case 5.1143 - CUP
November 14, 2012
Page 2 of 3
specifically permitted in the zone in which the proposed use is to be
located.
The cocktail lounge use is proposed in the Resort Attraction (RA) land use designation
of the Section 14 Specific Plan. This designation encourages uses that are
complementary to the City's resort and tourism industry. The proposed use is
consistent with the type of uses envisioned for the RA land use area.
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 to the interior and new outdoor seating on the patio are expected. The
site has adequate parking to accommodate all the current and proposed uses on site.
The project thus conforms to this finding.
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 Map. The existing off-street
parking spaces have been determined to be in conformance with the Zoning Code. The
project thus conforms to this finding.
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:
There is no change to the existing site plan. A set of Conditions of Approval to provide
parameters and restrictions for the proposed use are attached as Exhibit A.
Section 2: Pursuant to the guidelines of
(CEQA) the proposed CUP is
and has been determined to
exemption (Existing Facilities)
Guidelines
the California Environmental Quality Act
considered a "project" pursuant to CEQA,
be Categorically Exempt as a Class III
pursuant to Section 15301 of the CEQA
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case 5.1143 — CUP: a conditional use permit to operate
EO
X
Planning Commission Resolution No. 6297
Case 5.1143 - CUP
November 14, 2012
Page 3 of 3
a cocktail lounge at 188 South Indian Canyon Drive, subject to the conditions of
approval in the attached Exhibit A.
ADOPTED this 14th day of November, 2012.
AYES: 7, Roberts, Donenfeld, Hudson, Weremiuk, Munger, Klatchko and
Calerdine
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
A:. -Ewing CP
Dir ctor of Pla 'g Services
I
CITY OF PALM SPRINGS, CALIFORNIA
RESOLUTION NO.6297
EXHIBIT A
Case 5.1143 CUP
A request for a conditional use permit to operate
a cocktail lounge use at 188 South Indian Canyon Drive.
November 14, 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. Pro'ect Description. This approval is for the project described per Case
5.1143 CUP;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped October 4, 2012,
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.
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 5.1143 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 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. Maintenanceand 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 in operation, 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 to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.06.00. Permits will not be issued until the appeal period has
concluded.
ADM 9. Tribal Fees Required. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
including any applicable habitat conservation plan fees shall be paid prior to
consideration of this project by the Planning Commission.
ADM 10. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of
sidewalks for any outdoor seating areas or patios will be required. Contact
Parks & Recreation at 760 323 8281 for information regarding the proper
method of cleaning of sidewalks and pavers within the public rights -of -way.
ADM 11. Cause No Disturbance. The owner shall monitor outdoor parking areas,
walkways, and adjoining properties and shall take all necessary measures to
2
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
ADM 12. 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 Policy 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 13. 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 14. 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.
A limited bar service window may remain open for the indoor/outdoor bar
service.
ADM 15. Seating Count. The applicant shall be limited to the total number of seats as
follows: a maximum of 44 seats inside (including bar stools), and 14 seats
within an outdoor patio area. Any deviation from these numbers shall require
prior approval by the Director of Planning. The applicant shall maintain the
minimum clearance as specified by the Fire Department between the front
entrance and the outdoor tables and chairs. This includes games, pool
tables, and other amenities.
ADM 16. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 17. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers of the business.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) NOT required.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down -lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. 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. Buildings with more than one tenant are
required to submit a sign program to the Department of Planning Services
prior to the issuance of building permits.
PLN 3. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
4
PLN 4. 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 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. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 8. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
PLN 9. add any additional conditions imposed by the Planning Commission or City
Council here)
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.
ENGINEERING DEPARTMENT CONDITIONS
[0IQ0II
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. 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 3. 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.
NOTE: Should the findings of the occupancy analysis and exit analysis return stating
that the occupancy is an A occupancy. Then the following requirements would need to
be addressed:
FID 4. 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 5. Identification (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.
FID 6. 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 7. Fire Alarm System: Maintain current Fire alarm system and shall comply with
the requirements of NFPA 72, 2002 Edition.
END OF CONDITIONS
m
Es