HomeMy WebLinkAbout18397 - RESOLUTIONS - 6/1/1994 RESOLUTION NO. 18397
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
' GUIDELINES FOR THE LOCATION OUTDOOR
SERVICE IN THE DOWNTOWN (CBD) AREA.
WHEREAS, the City has received requests to allow the installation
of outdoor furniture for the purpose of dining within the public
right-of-way in accordance with Section 9209. 01C. 3 . f of the Zoning
ordinance; and
WHEREAS, the General Plan of the City of Palm Springs encourages
outdoor activities within the Downtown; and
WHEREAS, the Downtown festival retail experience will be enhanced
by allowing additional opportunities for food and beverage service
within the public right-of-way; and
WHEREAS, the Director of Planning and Zoning and the Downtown
Development Director have deemed it necessary to develop guidelines
for the installation of such outdoor furniture, pursuant to Section
9402 . 01D. 3 . , in order to insure compatibility with adjacent
properties, to minimize any potential impact of this use on the
Downtown and to protect the health, safety and welfare of the
community; and
WHEREAS, the proposed outdoor service guidelines, attached hereto
' as Exhibit A, was developed to address the Planning Commission
concerns and assure proper installation and maintenance procedures;
and
WHEREAS, the Planning Commission, at its regular meeting on January
26, 1994 , by a 7-0 vote recommended to the City Council approval of
the proposed guidelines as attached on "Exhibit All ; and
WHEREAS, on March 2, 1994, the City Council of the City of Palm
Springs considered the proposed guidelines in accordance with
applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with the request, including
but not limited to the staff report and all written and oral
testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the city Council finds as
follows:
a. The project is categorically exempt from the
requirements of CEQA pursuant to Section
15301.
' Section 2 : Pursuant to Zoning Ordinance Section 9404 . 00, the
City Council finds that:
a. That the proposed outdoor service guidelines
is in keeping with the parameters of the
architectural review and land use permit
procedures for the City of Palm Springs.
b. That the proposed outdoor service/dining
atmosphere will enhance architectural features
of buildings in the downtown and thusly
augment the renovation recently completed in
the downtown area.
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Page 2
c. That the proposed guidelines will encourage /
creative architectural enhancements on
buildings and quality installation of the
umbrellas and furniture for buildings in the
downtown area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby approves the outdoor :service guidelines ,
(attached hereto as Exhibit A) for the Central Business District
(CBD) .
ADOPTED this 1st day of June 1994 .
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CITY OF LM SPRII3GS,'f' L FORNIA
�f City Clerk � y inager
REVIEWED & APPROVED_4W__/�
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Page 3
EXHIBIT A
Guidelines for Outdoor Seating
in the CBD
1 . Seating within the public right-of-way shall be subject to a
Land Use Permit (or amendment to an existing LUP) and approval
' by the Director of Planning and Zoning prior to installation
of any seating in the right-of-way.
2 . Encroachment permits shall be required for outdoor seating
within the right-of-way area and shall include standard
liability provisions .
3 . Owner shall maintain sufficient liability insurance, subject
to approval by the Risk Manager, to adequately cover any
incident as a result of the placement of food service
furniture within the right-of-way. Insurance shall be
effective for the length of time the business is in operation.
The insurance shall be primary, shall name the City as an
additional insured and shall not expire or be annullable
without 30 days notice to the Risk Manager.
4 . Seating within the right-of-way should be limited to non-
alcoholic beverage and food service only.
5 . In order to provide adequate pedestrian circulation, tables
for two should be encouraged with the possibility that tables
for more than two can be allowed in certain cases (to be
determined by the Director of Planning & Zoning) .
6 . In an effort to have a flexible but yet consistent aesthetic
' concept for all restaurants, green, tan, and terra cotta
colors should be encouraged for all outdoor furniture
(exceptions may be approved by the Director of Planning &
Zoning) .
7. Business or product advertising shall be prohibited on the
outdoor umbrellas, tables, chairs or other furniture within
the right--of-way.
8 . Daily sidewalk washing and monthly steam cleaning for the
outdoor seating area shall be required. Applicants shall be
responsible for keeping adequate documentation of compliance
with this condition.
9 . Outdoor seating within the right-of-way shall be permitted for
restaurants or other beverage service uses that have direct
frontage on Palm Canyon Drive in the CBD.
10 . All outdoor furniture shall be set back a minimum of two feet
from the face of curb. Umbrellas shall be properly secured to
prevent any harm as per the attached detail or other method
approved by the City Engineer.
11. All outdoor umbrellas shall be a minimum of 6M feet in height,
measured from the sidewalk to the bottom of the umbrella.
12 . Any construction, to be undertaken by or for the applicant,
which would affect the pavement in the right-of-way, shall be
performed by City street crews with the cost paid by the
applicant . The City shall obtain a deposit prior to
performing the work, and shall be entitled to reimbursement
for any deficit or shall return any surplus within 30 days
after completion of work.
13 . In the event that any of the guidelines listed above are not
complied with, the restaurant owner shall be notified and
given a reasonable time, not exceeding 30 days, to comply. In
the event that compliance is not achieved, the Land Use Permit
(LUP) for placement of tables in the paved area may be revoked
pursuant to Section 9402 . 01D. 5 . of the Zoninq Ordinance � '4 '4 w