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HomeMy WebLinkAbout19991 - RESOLUTIONS - 2/14/2001 RESOLUTION NO. 19991 OF THE CITY COUNCIL OF THE CITYOF PALM SPRINGS, , CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO ESTABLISH A COCKTAIL LOUNGE WITH A TYPE 48 LICENSE(ON-SALE GENERAL PUBLIC PREMISES)FOR THE PROPERTY LOCATED AT 2100 NORTH PALM CANYON DRIVE, A-100, C-1 ZONE, SECTION 3. WHEREAS, Jason Kelleher, Eddie Cinque and Michele Cinque, (the "Applicants") are requesting the adoption of a Resolution of Convenience and Necessity in order to establish a cocktail lounge to be located at 2100 North Palm Canyon Drive,A••100,C-1 zone,Section 3; and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project,including but not limited to the staff report,and the recommendation of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity subject to those conditions set forth in the attached Exhibit A, which are on file in the Office of the City Clerk. ADOPTED this 14thday of February 2001. AYES: Members Hodges, Jones, and Oden NOES: Members Reller-Spurgin and Mayor Kleindienst ABSENT: None ABSTENTIONS: None ATTEST: / CITY OF PALM SPRINGS, CALIFORNIA By- City Clerk City Manage REVIEWED &APPROVED AS TO FORM � �� Resolution 19991 Page 2 EXHIBIT A ' 2100 NORTH PALM CANYON DRIVE, A-100 CASE NO. 5.0857-CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer,the Directorof Planning,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. PLANNING 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code,oranyother City Codes,ordinances and resolutions which supplement the zoning district regulations. 1a. The ownershall defend, indemnify,and hold harmless the Cityof 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 Case5.0857-CUP.The Cityof 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 paythe City's associated legal costs orwill 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 Cityof 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adversejudgment orfailure to appeal,shall not cause awaiverofthe indemnification rights herein. 3. Hours forthe sale of beershall be limited tothose hours permitted bythe Bureau of Alcohol and Beverage Control. 4. All conditions of Conditional Use Permit 5.0857 application be met. See attached Conditions of Approval. BUILDING DEPARTMENT: 5. Prior to any construction on-site, all appropriate permits must be secured. 1 Resolution 19991 Page 3 EXHIBIT A ' CASE 5.0857-CUP TOUCAN'S CONDITIONS OF APPROVAL January 24, 2001 Before final acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer,the Director of Planning,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. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code,oranyotherCity Codes,ordinances and resolutions which supplement the zoning district regulations. 1 a. 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 5.08157-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 applicantwill either undertake defense of the matter and paythe City's associated legal costs orwill advancefunds to payfor 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 further indemnification hereunder, 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. 2. Non-compliance with any of the conditions of this approval, orwith City codes and ordinances,State laws;anyvalid 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 bythe Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of 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. r Resolution 19991 Page 4 ' 3. Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. The appeal period fora Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. Final landscaping,irrigation and exterior lighting specifications including patio lighting, shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 6. The lightfixtures on the eastand north sides of the building are not permitted. These light fixtures shall be removed prior to issuance of a building permit. 7. Separate architectural approval and permits shall be required for all signs. Adetailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 8. All roof mounted mechanical equipmentshall bescreened from all possiblevantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building. The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of ' the building, the equipment heights, and type of screening. Screening shall be at least 6" above the equipment. 9. The street address numbering/lettering shall not exceed eight inches in height. 10. An exterior lighting plan in accordancewith the lighting ordinance in effectatthetime shall be submitted for review and approval bythe Directorof Planning and Building prior to issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior light fixtures shall be submitted with the lighting plan. 11. Illumination levels in the parking area shall be in accordance with Section 9321.00 of the Palm Springs Zoning Ordinance, 12. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. Indicate the locations of the new fixtures on the site plan. 13. No sirens,outside paging,music speakersystemoranytypeofsignalization will be permitted, except approved alarm systems. 14, No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 15. Parking stalls shall be delineated with 4 to 6 inch double stripe-hairpin or elongated ' "U"design. Individual wheel stops shall be prohibited;a continuous 6"barrier curb shall be provide wheel stops. 16. Handicapped accessibility shall be indicated on the site plan to include the location '�� of handicapped parking spaces,the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential Resolution 19991 Page 5 difficulties with the handicapped accessibility to the building due t.o the future grading , plans for the property. 17. 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. 18. Amplified music (recorded and live) is permitted within the building with the understanding that the intent of the music is to be background music. The music sound level will be such that in theopinion of the enforcement officer(as designated by the Director of Planning and Building)those sitting in the area designated "bar dining" can hold a conversation without needing to shout above the music. 19. If criteria in condition number"18"above is exceeded,all exterior doors and windows shall be closed during times when live entertainment is offered or recorded music is being played at a sound level which exceeds the criteria until such time as agreement has been reached with the Director of Planning and Building to assure the noise condition will be corrected. 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. 20. The applicant shall be required to maintain the opening hours as stated on the Conditional Use Permit application. Hours of operation will be from 10 a.m.to 2 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. 21. The applicant shall be limited to the total number of seats as follows:a maximum of 40 seats inside(including barstools), and 20 seats within an outdoor patio area.Any deviation from these numbers shall require prior approval by the Director of Planning and Building. To accommodate fire exiting purposes from thefront(main)entrance into the building,the applicant shall maintain the minimum clearance as specified by the Fire Department between the front entrance and the outdoor tables and chairs. The approved floor plan shall not be altered without review and approval of the Director of Planning and Building. This includes games, pool tables, and other amenities. 22. No disposable tableware may be utilized to serve beverages or food within the outdoor patio area. 23. Daily cleaning and wash down of sidewalks forthe outdoorseating will be required. 24. Trash receptacles shall be strategically located to accommodatethe outdoorservice area and shall be submitted to the Department of Planning and Building for review and approval priorto installation. All trash receptacles on the subject property shall be emptied and cleaned on a regular basis. 25. Outdoor tables, chairs, trash receptacles and planters shall be designed as an integral part of the business and shall be custom decorative materials. Selection of proposed outdoor furniture shall be subject to written verification of approval provided by the property owner to the City, and subject to review by the Director of Planning and Building. I ASS Resolution 19991 Page 6 ' 26. The applicant/owner shall notify the Director of Planning and Building in writing 30 days in advance of any changes in the operation of business. Any transference of this Conditional Use Permit upon change of ownership is subject to review and approval by the City. 27. The ownershall monitoroutdoor 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. 28. Eliminate the east side outdoor patio area. A distance of 5 feet from curb to wall is required. The new outdoor patio area shall end at the northeast corner of the building. 29. The window located adjacent to the dance floor shall be treated with opaque surface so that the dance floor is not visible from outside the building. 30, The pass-thru window area shall be designed and installed to have a limited pass- thru area, and shall be used when live or recorded music is being played in a manor which exceeds the noise levels per condition of approval number 18 above. The pass-thru area shall not exceed four square feet. ENGINEERING DEPARTMENT: 31. The Engineering Department does not have any requirements forthis project. There is no impact on existing streets nor the rights-of-way adjacent to the property. FIRE DEPARTMENT: 32. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, plus NFPA standards and UL/CSFM listings. 33. Premises Identification -Approved numbers or addresses shall be plainly visible and legible from the street or road fronting the property per the 1998 California Building Code. 34. Fencing Required - Construction site fencing required in accordance with City of Palm Springs Ordinance 1570. Fire/Police/Ambulance access gates shall be at least 14' in width and equipped with a frangible chain and padlock. ' 35. Site Protection - Provide a portable fire extinguisher and domestic water hose equipped with an adjustable spray nozzle for construction site fire protection. 36. Automatic Fire Sprinklers - An automatic Fire Sprinkler System with 24 hour monitoring is required. Installation shall be in accordance with NFPA 13. 1 No Resolution 19991 Page 7 37. C-16 Fire Sprinkler Contractor- Fire sprinkler systems shall only be designed and installed by a state licensed C-16 Fire Sprinkler Contractor. , 38. Fire Extinguishers-Portable Fire Extinguishers shall be installed in accordance with the 1998 California Code, Article 10, and Standard 10. 39 Ventilating Hood&Duct Requirements-A ventilating Hood&Duct System shall be provided in accordance with NFPA 17A, 96, and UL-300. 40. Hood&Duct Fire Protection System Coverage-Fire Extinguishing System required in accordance with 1998 California Building code, NFPA 17A, 96 and UL-300. 41. Portable Fire Extinguishers For Food Processing Equipment-In addition to the fixed system,a 2-A:1-B:C:K rated portable fire extinguisher shall be installed near the food processing equipment in accordance with UL-300. 42. Fire Alarm Systems - Fire Alarm System required. Installation shall be in accordance with NFPA 71, 72 and 760. 43. All Means of Egress - Exterior Doors and Openings, Exit Doors, Corridors, Assemblies, Gates, Barriers, Stairways and Ramps, plus all other means of egress shall be in accordance with 1998 California Building Code Chapter 10. Contact building official. 44. Flame Retardant Treatment and Standards - All flame retardant treatments and ' standards shall be in accordance with the 1998 California Fire Code and 1998 California Building Code. 45. Floor Plan - Provide this office with an 8 '/2" x 11" floor plan. 46. Further Comments - Further comments as conditions warrant. 11471