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HomeMy WebLinkAboutPC Resolution _6385- Case 5.1320 CUPRESOLUTION NO.6385 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT, CASE NO. 5.1320, AUTHORIZING A COCKTAIL LOUNGE AT 212 1 216 SOUTH INDIAN CANYON DRIVE. WHEREAS, Cullen 111 Investments ("Applicant") has filed an application with the City pursuant to Sections 94.02.00 of the Palm Springs Zoning Code (PSZC) to operate a cocktail lounge at 2121216 South Indian Canyon Drive, LSC Zone, Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit, Case No. 5.1320 was given in accordance with applicable law; and WHEREAS, on February 26, 2014, a public hearing on the application for Conditional Use Permit, Case No. 5.1320 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(e) (Class 1 - Existing Facilities) 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: The Planning Commission finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15301(e) (Class 1- Existing Facilities) of the California Environmental Quality Act Guidelines. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. The subject property is zoned LSC (Local Serving Commercial) by the Section 14 Master Plan. Pursuant to Section 6.1.3 of the Master Plan, a cocktail lounge is permitted with the approval of a Conditional Use Permit. Therefore, the use applied for at the site is one for which a conditional use permit is authorized by the Section 14 Master Plan and Zoning Code. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Planning Commission Resolution No. 6385 Case 5,1320 CUP — Chill Bar 2121216 South Indian Canyon Drive February 26, 2014 Page 2 of 3 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 the downtown area. It will aid in creating a vibrant downtown for both residents and visitors, as envisioned by General Plan Policies LU 10.4. Therefore, the use at the subject location is desirable for the development of the community and in harmony with the various elements of the General Plan. The business is conditionally permitted and it is not anticipated to be detrimental to existing uses or future uses specifically permitted in the LSC zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or penmitted future uses of the land in the neighborhood. The mixed -use site commercial property includes existing retail and entertainment uses. The subject tenant space was previously occupied by a restaurant of the same size. The site has 83 off-street parking spaces, which is more than the minimum of 72 required, pursuant to the Downtown Parking Combining Zone, Section 92.26.00 of the Zoning Code. No additional site modifications are necessary to adjust the cocktail lounge to those existing and those permitted uses of land in the neighborhood. d. The site for the proposed use related to streets and highways is property designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The property is located at the corner of Indian Canyon Drive and Arenas Road, which are identified by the General Plan Circulation Element as Major and Secondary Thoroughfares, respectively. Vehicular access to the site is provided from both streets. The space was previously occupied by a restaurant of the same size. Thus, the traffic generated by the proposed use is similar to other uses that have previously occupied the space, and the streets and highways are properly designed and improved to carry the type and quantity of traffic generated by the use. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The proposal is to operate a cocktail lounge in an existing building. Conditions of Approval have been included in the attached Exhibit A to ensure that the use operates in a manner which protects the public health, safety and Planning Commission Resolution No. 6385 Case 5.1320 CUP — Chill Bar 212 / 216 South Indian Canyon Drive February 26, 2014 Page 3 of 3 general welfare. These conditions include compliance with the City's noise ordinance, limitations on operating hours and other necessary requirements. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit Case No. 5.1320, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 261h day of February, 2014. AYES: 7, Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice - Chair Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: None CITY OF PALM SPRINGS, CALIFORNIA Director of Planning Services RESOLUTION NO. 6385 EXHIBIT A Case 5.1320 CUP Chill Bar 2121216 South Indian Canyon Drive February 26, 2014 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 5.1320 CUP, except as modified the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans on file, date stamped January 7, 2014, 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 5.1320 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. 6385 Conditions of Approval 5.1320 CUP-- Chill Bar Page 2 of 5 February 26, 2014 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 Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit. 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. 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. 6385 Conditions of Approval Page 3 of 5 5.1320 CUP— Chill Bar February 26, 2014 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 the law. ADM 11. Comply with City Noise Ordinance. This use and property 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. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Alcohol Sales. The Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at the tenant space identified as 212 and 216 South Indian Canyon Drive. 0 PLN 2. Hours of Operation. The operating hours shall not extend prior to 12:00 P.M. or beyond 2:00 A.M. daily. Any future modifications to the hours of operation shall require an amendment to this Conditional Use Permit. PLN 3. Letter of Convenience or Necessity. The applicant shall obtain a Letter of Convenience or Necessity from the City Council prior to commencement of the alcohol sales. If the Resolution of Convenience and Necessity is not approved, this CUP application will not be valid. 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. 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. Snack foods will be available at all times. (Planning Commission condition added on February 26, 2014.) 0 Resolution No. 6385 Conditions of Approval 5.1320 CUP— Chill Bar POLICE DEPARTMENT CONDITIONS Page 4 of 5 February 26, 2014 POL 1. Security Plan. Within thirty (30) days of approval of the Conditional Use Permit, the applicant shall agree, in writing, to comply with a security plan that has been approved by the Chief of Police. The business 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 1. Construction Permits. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 1 Fire Department Conditions are based on the 2013 California Fire Code. These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined on the site plan received January 7, 2014. Additional requirements may be required at that time based on revisions to site plans. FID 2 PLANS AND PERMITS Plan reviews can take up to 20 working days. Submit a minimum of Three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. These fees are established by Resolution of the Palm Springs City Council. Resolution No. 6385 Conditions of Approval 5.1320 CUP— Chill Bar FID 3 "Exit Analysis Plan" required. licensed architect in 1/" = 1' scale following for a Group A-2 occupancy: Page 5 of 5 February 26, 2014 Prepared and stamped by a state . The floor plan shall address the • Provide net occupant load calculations for the following areas: Restaurant/Bar & Outdoor Patios. • Seating/table diagram with compliant aisle widths • Minimum required egress width to accommodate occupant load • Means of egress illumination locations • Illuminated EXIT sign locations • Compliant exit doors and door hardware (panic hardware) • Compliant exit gates and hardware serving the means of egress system • Elevation changes in the exit discharge • Locations of fire extinguishers (minimum rating 2A-10BC). FID 4 Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official. The nominal height of key box installations shall be 5 feet above grade. Location and installation of key boxes must be approved by the fire code official. Applications for key boxes can be obtained by contacting the Palm Springs Fire Department at (760) 323-8186. FID 5 Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms and elevator controls as applicable. FID 6 Fire Extinguisher Requirements (CFC 906): Provide one 2A-1013C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Snow proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. [�I�I�I•7�•I•]�I�11t>il•7�i~� N N