HomeMy WebLinkAbout2/7/2001 - STAFF REPORTS (19) ,y
Date: February 7, 2001
To: City Council
From: Director of Planning & Building
REQUEST BY JASON KELLEHER, EDDIE CINQUE AND MICHELE CINQUE FOR THE
ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO
ESTABLISH A COCKTAIL LOUNGE WITH A TYPE 48 LICENSE (ON-SALE GENERAL
PUBLIC PREMISES)FORTHE PROPERTY LOCATED AT 2100 NORTH PALM CANYON
DRIVE, A-100, C-1 ZONE, SECTION 3.
RECOMMENDATION:
Thatthe City Council considerthe adoption of 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.
BACKGROUND:
The property located at 2100 North Palm Canyon Drive, A-100 and is located on the
northeast corner of North Palm Canyon Drive and Via Escuela. The Planning Commission
recently approved this 3,048 square foot building to be used as a cocktail lounge with live
entertainment. The owner of the building is Marcel Bassirian.
The requested Type 48 license is for the sale of beer, wine, and distilled spirits for
consumption on the premiseswherein no person under2l years of age is allowed, plusthe
sale of beer and wine only for consumption off the premises where sold. Hoursof operation
will be 10 a.m. to 2 a.m. daily.
Staff forwarded the application to the Police Chief for review and comment prior to the
Planning Commission meeting. The Police Department concurred with the recommended
conditions of approval.
DOUGiAS . VANS
Director of Planning and Building
City Manager �
Attachments:
1. Letter request
2. Conditional Use Permit Conditions of Approval
2. Resolution of Convenience and Necessity
01/29/2001 01:00 7604167584 .IASON KELLENER EDDIE PAGE 02
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EXHIBIT A
CASE 5.0857-CUP
TOUCAN'S
CONDITIONS OF APPROVAL
January 24, 2001
Before final acceptance of the project, all conditions listed belowshall be completed to the
satisfaction of the City Engineer,the Directorof Planning,the Chiefof 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 ownershall 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 5.0857-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 orwill advance funds 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
adversejudgment or failure to appeal,shall notcause awaiverof 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 orpolicing and safetyproblems
(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 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.
a0pt
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 for a 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 forapproval bythe Departmentof Planning and Building priorto
issuance of a building permit.
6. The lightfixtures on the east and 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. A detailed
sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
8. All roof mounted mechanical equipment shall be screened from all possible vantage
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 reviewand 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 lightfixtures 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 ofthe
proposed plan.
15. Parking stalls shall be delineated with 4to 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 AOM
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
difficulties with the handicapped accessibility to the building due to the future grading
plans for the property.
17. This use shall complywith 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 thatin the opinion 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 befrom10a.m.to2a.m.
daily. Anyfuture modifications to the hours of operation shall require prior approval
by the Planning Commission and the City reserves the right to modify or restrictthe
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 bar stools), and 20 seats within an outdoor patio area.Any
deviation from these numbers shall require prior approval bythe Director of Planning
and Building. To accommodate fire exiting purposes from the front(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. Dailycleaning and wash down of sidewalks for the outdoor seating will be required.
24. Trash receptacles shall be strategically located to accommodate the outdoor service
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 outdoorfurniture 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.
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 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,orcause 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. Thewindow located adjacentto 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 for this 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
legiblefrom the streetor road fronting the property perthe 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.
4ONo
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 tothefixed
system,a 2-A:1-B:C:K rated portablefire extinguisher shall be installed nearthe 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.
A047
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF 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 Resolution of Convenience and Necessityin orderto 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 day of 2001.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED & APPROVED AS TO FORM
Q05
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 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
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 supplementthe 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 5.0857-CUP.The Cityof Palm
Springs will promptly notify the applicant of any such claim, action, or proceeding
against the Cityof Palm Springs and the applicantwill either undertake defense of
the matterand 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 responsibleto
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
adversejudgment orfailure to appeal,shall not cause a waiver of the indemnification
rights herein.
3. Hours forthe sale of beershall be limited to those 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.
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