HomeMy WebLinkAbout2/14/2001 - STAFF REPORTS RESOLUTION OF CONVENIENCE AND NECESSITY - Cs. 5. 0857 CUP
Jason Kelleher
Eddie Cinque
Michele Cinque
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February 9, 2001
Honorable Mayor and City Coucil Members,
We would first like to introduce ourselves to you; we are
Michele Cinque, Eddie Cinque, and Jason Kelleher, and it is our
hope and dream to open our business in the City of Palm Springs .
The following description will hopefully give you a good idea of
what our Tiki Lounge is about.
Toucan' s Tiki Lounge is going to be a unique visual and environ-
mental experience. We have worked in the food and beverage
business for a collective total of over 25 years. We intend to
combine the best of what we have seen and learned with our own
dreams and ingenuity to make the ultimate intimate lounge. Our
purpose is not to create another nightclub or bar, but to offer
an alternative to the valley' s local establishments. This project
will transform the existing vacant shell into a kitschy Polynesian
paradise complete with a bamboo piano bar, pallapsed dance floor,
thatched ceiling and a waterfall fountain leading to a viewing deck.
The total concept was inspired by Walt Disney' s "Enchanted
Tiki Room" at Disneyland, and the old fachioned fun and elegance
of the original Bamboo Lounge at the Pacquet Club of Palm Springs.
We have arranged for the talents of local entertainers and musicians
to perform in this intimate lounge setting and hope to compliment
business in the North end of town. Entertainment types will have
standing bass, piano, drum trios, steelrim drum bands and lounge
style soloists.
In compliance with the conditions set forth by the Planning Commission,
the Police Department, and the Alcohol Beverage Control we intend
to make all necessary changes to the parking lot lighting,
proposed patio, and interior-exterior windows to meet sound re-
quirements, for both convenience and safety.
This is going to be an owner operated family business. One year
ago we purchased the commercial building known as 650 E Sunny Dunes Rd.
with the intention of opening Toucan' s in the end 3000 sq. ft.
and phase II of our project, a bakery/coffee house in the remaining
2000 sq. ft. However, after having been told by the Planning Dept.
Staff that our project was being recommened for approval given
an extensive list of conditions, we were told that a zoning ordinance
had been overlooked that restricts cocktail lounges from existing
within 300 ' of a residence. There is a commercial lot behind this
property that has a non-conforming residence gradfathered onto it
and we would have to abandon our project.
After retaining coucil from the offices of Selzer, Ealy, Hemphill &
Blasdell, we chose not to proceed with legal action but to
pursue our dream and seek solutions to our dilema by working with
the City rather than against. After meeting with Doug Evans and
accepting his apologies for the City' s mistake we met with
Cathy Van Horn and our real estate agent to seek out locations
2
for Toucan' s. Doug suggested going North after repeated failed
attempts at locations in the Downtown area cAue to over
concetration issues.
At this time we chose to continue with our porperty improvements
on Sunny Dunes in spite of the financial repercutions to our
total budget for Toucan' s Tike Lounge. After painting the
building, lighting the parking lot, and cleaning up the landscaping
we began to seek replacement tenants for ones we were forced
to evict due to our earlier Toucan' s project. These spaces were
required to be empty by the City prior to any approvals of
our initial CUP request. However, it turned out to be beneficial
in the long run to evict the 99(V Store as this was not consistent
with the inproving neighborhood. We believe we share the City' s
desire to see this area improved and we feel we have begun a
trend towards this goal. As such we have rejected tenancy offer
offers from two private after-hours men' s clubs, additional 99(�
Stores and other such uses which although permitted, are in our
opinion not a direction we wish to see.
We presently are negotiating the signing of an Art Gallery, and
The Atrium of Rancho Mirage ' s Classic Chic to the Sunny Dunes
location. And we share this to show you our commitment to
excellence and quality in our community and city. And this may
prove to be a good thing for us after all.
While all this was being brought to completion we continued to seek
a site for Toucan' s that would meet both city conditions and
ABC requirements . We found the 2100 Center on N. Palm Canyon
and Via Escuela to be ideally suited for all these requirements
and meet our desires for design, patio and parking. We have
presented our design and project to the Police Chief, Uptown Group,
the local community and residences in the vicinity, the City Attorney,
the ABC, and local business owners and have met with only positive
feedback and a few concerned questions answered by conditions listed
in the CUP ranging from proper signage to maintaing allowable
sound levels. The property is surrounded by hotels; vacant land
zoned for hotels, Riccio' s Italian Restaurant and Bar, Billy Reads
Restaurant and Bar, Sweetwater Saloon and Pub, Sorentino' s
Restaurant, and we know that Toucan' s will compliment the area well.
We believe our project to be a benefit and an asset to both the
local commerce and neighborhoods around the property.
Wh believe in our Toucan' s wholeheartedly, and know that it will
be a sense of pride for ourselves, and most importantly,
the City of Palm Springs.
We would like to give our thanks for your time in reading this,
and ask that you would vote in favor of the legislative action
before you and grant us a Letter of Convenience and Necessity
for Toucan' s Tike Lounge.
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Dean a. Carlson
13 February 2001
Palm Springs Council members
City of Palm Springs
Re: Cs.5.0857 CUP
Pear Council member's
I am writing on behalf of the proposed "Toucan Lounge'to be located at the
Intersections of North Palm Canyon and Via Escuela. I was surprised that this proposal
was not approved at the last council meeting. I attended the planning commission
meeting and heard comments and conditions for the location and then it was approved
by all members on the commission.
I have had the pleasure of meeting and working with both Jason Kelleher and Eddie
Cinque over the recent past and find them to be responsible people, business property
owners and very supportive of Palm Springs and want to provide a service to the city
that is both needed and unique in style to this area. (This building has been vacant for
years.)
I purchased a home and property last year 3 blocks from this location and plan on
living here for many years to come. We have great restaurants In this area, nice hotels
where friends and family May, however,this area does not have a place to go the likes
that Jason and Eddie are proposing. A neighborhood lounge that we can walk too. A
local place to bring our guests, and a place to go after dinner for some entertainment. I
also believe tt will clean up the area with a new business on the comer.
I urge you to restudy the last vote and see that we in the north end of town will benefit
by this lounge and will bring more business to this area.
7Si you
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can A. C`Carison
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2137 N. Oirasol Avenue
Palm Springs, California 92262
tot. 760.778.1652 Tax.760.778.6240
PROOF OF PUBLICATION This Is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside -_- - - _ - -- -- ------ — -
-----------
lam a citizen of the United States and a resident of Proof of Publication of
the Comity aforesaid;I am over the age of eighteen No 7005 _-TY OF-PALM SPRINGS
- - - --
years,and not a party to or interested in the NOTICE I F PLANNING COMMISSION
above-entitled matter.I am the clerk of a MEETING
principal Case No. 5.0a57-Conditional Use Permit
printer of the,DESERT SUN PUBLISHING Jason Kelleher, Eddie Cinque,
Michele Cinque
COMPANY a newspaper of general circulation, 2100 North Palm Canyon Drive
Unit A-100
printed and published in the city of Palm Springs, NOTICE IS HEREBY GIVEN that the Planning
Countyof Riverside,and which newspaper has been Commission of the City of Palm Springs Calif
me, will hold a public hearing at its meeting of
adjudged a newspaper of general circulation b the .January 24, 2001. The Planning Commission
I gg Y meeting begins at 1 30 p an (Public Heanngs be-
Superior Court of the County of Riverside,State of gin at 2 00 g m.) in the City Council Chamber at
rtp Hall, 3 00 E Tahquitz Canyon Way, Palm
California under the date of March 24, 1988.Case springs, California
The purpose of the hearing is to consider a Con-
Number 191236;that the notice,of which the I ditional use Permit for a cocktail lounge with live
annexed is a printed co set in a not smaller entertainment The proposed cocktail lounge will
p PY type offer full bar services, music, Sending, a pool ta-
than non pariel,has been published in each regular I
Music c will suppliedbeaft r by disc Jockey,joke ds and mielleous video �oxeor
and entire issue of said newspaper and not in any live entertainment Hours of operation will be 10
a m. to 2 a.m dolly This proposal is located at
supplement thereof on the following dates,to wit: 2100 North Palm Canyon Urve, unit A-100, C-1
zone, Section 3.
Jana ary 12th
----------------
----------------------------------------------'--------'
All in the year 2001
e
I certify(or declare)under penalty of perjury that the -2, s
foregoing is true and correct.
12th - _—
Dated at Palm Springs,California this--------------day
January G TY
F�, PAU��SPRINGS
of------------ --------------------- 2001 '.. �;�a �„_^7
This prof eot is categoncelly exempt from the Call-
form Environmental Quality Act pursuant to
v Sec-
Son S (New Contrucbon and Conversion
on of
Smalll StrutrU ctures).
----------`-----------------------------------"---`------------ If any individual or group challenges the action in
Signature court, issues raised may be limited to only those
sues raised at the public hearings described In
this notice or in written correspondence at or pri-
or to the Commission meeting.
Notice of Public Hearing is bemq sent to all prop-
erty owners within four hundred (400)feet of the
subject property. An opportunity will be given at
se. hearm9s far all interested persons to be
heard Questions regarding this case may be do-
,acted to Tina Shun a, Department of Planning &
Building, 760/323-8245
PLANNING COMMISSION
la/Douglas R.Evans
Elf -of Planning & ' ling
RESOLUTION NO. 19991
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 order to establish
a cocktail lounge to be located at2100 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 thestaff report,and the
recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
herebyadopts 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 &leindienst
ABSENT: None
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
REVIEWED &APPROVED AS TO FORM
i
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 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
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code,or anyotherCity
Codes,ordinances and resolutions which supplement the zoning district regulations.
la. 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
againstthe 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 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 Cityshall waive further indemnification
hereunder, except, the City's decision to settle or abandon a matter following an
adversejudgmentorfailureto 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.
I AdZ
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 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 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.
1a. 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 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 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 responsible to
defend, indemnify, orhold 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 or failure to appeal,shall notcauseawaiverofthe indemnification
rights herein.
2. Non-compliance with any of the conditions of this approval, or with City codes and
ordinances,State laws;anyvalid citizen complaints or policing and safetyproblems
(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 bythe Departmentof Planning and Building priorto
issuance of a building permit.
6. The light fixtures 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 equipmentshall be screened 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 effect atthe time
shall be submitted for review and approval by the Director of 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, m usic speaker system oranytype of signalization will be
permitted, except approved alarm systems.
14. No outside storage ofanykind shall be permitted exceptas approved asapartofthe
proposed plan.
15. Parking stalls shall be delineated with 4to 6 inch double stripe-hairpin orelongated
"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 access!bi I ity to the building due to 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 thatin 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 befroml0a.m.to2a.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 tothetotal numberof seatsasfollows: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 by the 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. Daily cleaning and wash down of sidewalksforthe outdoorseating 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 prior to 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 subjectto written verification of approval provided
by the property owner to the City, and subject to review by the Director of Planning
and Building. A46"'
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 owner shall 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. Thewindow located adjacentto the dancefloorshall 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 thefixed
system,a 2-A:1-B:C:K rated portable fire 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 othermeans 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 %" x 11" floor plan.
46. Further Comments - Further comments as conditions warrant.
1147