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C'Q<IFOAN`P CITY COUNCIL STAFF REPORT
DATE: DECEMBER 17, 2014 CONSENT CALENDAR
SUBJECT: REQUEST BY VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM
CANYON DRIVE LLC FOR A RESOLUTION OF PUBLIC
CONVIENENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND
DISTILLED SPIRITS (TYPE 48 ALCOHOLIC BEVERAGE CONTROL
LICENSE) AT A PROPOSED COCKTAIL LOUNGE AT 450 SOUTH
PALM CANYON DRIVE.
CASE: 5.1357 — PCN
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a request to adopt a Resolution of Public Convenience or
Necessity (PCN) for the sale of beer, wine and distilled spirits (Alcoholic Beverage
Control Type 48 license) at a proposed cocktail lounge located at 450 South Palm
Canyon Drive.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL
BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE
CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 540 SOUTH PALM
CANYON DRIVE, WITHIN CENSUS TRACT#0446.06."
ISSUES:
• Proposed location is currently vacant.
• No net increase in parking required.
ITEM NO. _
City Council Staff Report
December 17, 2014— Page 2
Case No. 5.1357 PCN — Palm House Nightclub
BACKGROUND:
Refted (evant City Actions b Planning, Fire, BUtldfn
1989 1 The subject building was constructed
12/10/2014 Planning Commission approves Conditional Use Permit for new nightclub.
Most,Recent O►vnershi l8usines
2013 450 Palm Canyon Drive LLC
Field CI 'eck
December 2014 Staff has visited the site to observe existing conditions
Details of Application Request
Site Area
Complex Building Area 48,598-s uare feet
Site Building Area 10,308-square feet
Tenant Area 5,069-square feet
Surico 'I' Existing General Plan Existing�O'nd Use Existing Zoning:
Designations Desigr}ations;.
Subject Central Business Multi-tenant CBD
Property District Commercial
North Central Business Multi-tenant CBD
District Commercial
South Central Business Multi-tenant CBD
District Commercial
East Local Serving Multi-tenant Retail LSC
Commercial
(Section 14
West Central Business Commercial CBD
District
BACKGROUND AND SETTING:
The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a
new cocktail lounge and nightclub called "The Palm House" in a vacant 5,069-square
foot space located at 450 South Palm Canyon Drive. Hours of operation to be from
5:00 PM to 2:00 AM, Wednesday to Sunday. Entertainment will include DJs. The
applicant is seeking a Type 48 liquor license serving beer, wine, and distilled spirits.
02
City Council Staff Report
December 17, 2014—Page 3
Case No. 5.1357 PCN— Palm House Nightclub
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General Plan: The General Plan designation of the subject site is CBD (Central
Business District). This designation allows for "theatres, museums, retail and other
entertainment venues". The subject property is an existing mixed-use complex
containing restaurant and retail businesses. The addition of a cocktail lounge with a
Type 48 liquor license will advance the goals of the General Plan and provide a service
to the visitors of Downtown Palm Springs. Therefore, the proposed use is consistent
with the General Plan.
Zoning: The subject property is zoned Central Business District (CBD). Pursuant to
Section 92.09.01(D)(5) of the Palm Springs Zoning Code (PSZC), "cocktail lounges and
nightclubs with or without dancing" are permitted with the approval of a Conditional Use
Permit.
03
City Council Staff Report
December 17, 2014— Page 4
Case No. 5.1357 PCN— Palm House Nightclub
Parking: The existing parking lot at the rear of the building serves the parking demand
for the multi-tenant complex. There are a total of 125 off-street parking spaces and 21
on-street parking spaces. Pursuant to Section 92.26.00(C)(4) of the PSZC, mixed use
shopping centers exceeding 20,000-square feet in size are required to accommodate
one parking space per 375-square feet of gross floor area. With a total area of 48,569-
square feet for the complex, a total of 130 parking spaces are required. No additional
parking is required due to parking standards set forth in the Downtown Parking
Combining zone and allowance of on-street parking credit.
Safety and Security: Staff requested comments and recommendations on the proposal
from the Fire and Police Departments. The Fire Department indicated that there were
no issues with the use and provided recommended conditions of approval. The Palm
Springs Police Department (PSPD) requested that a security plan be a condition of
approval for the CUP. A security plan will be reviewed with the applicant in the near
future.
ANALYSIS:
The applicant has applied for a 'Type 48" license through the State of California
Department of Alcoholic Beverage Control (ABC) for the proposed alcohol sales. The
ABC summarizes the 'Type 48" license as follows:
(Bar, Night Club) Authorizes the sale of beer and wine and distilled spirits
for consumption on the premises where sold. Authorizes the sale of beer,
wine for consumption off the premises where sold. Minors are not allowed
to enter and remain (see Section 25663.5 for exception, musicians). Food
service is not required.
The proposed liquor license is located within a Census tract that exceeds the amount of
on-sale licenses normally permitted; this is known as an "undue concentration" and is
specifically defined by Section 23958.4 of the Business and Professions Code:
As to on-sale retail license applications, the ratio of on-sale retail licenses
to population in the census tract or census division in which the applicant
premises are located exceeds the ratio of on-sale retail licenses to
population in the county in which the applicant premises are located.
The subject property is located within Census Tract #0446.06, which is bounded by
Indian Canyon Drive to the east, Ramon Road to the south, San Jacinto Mountains and
North Snow Creek areas (see attached census map). This tract currently has four (4)
active on-sale liquor licenses. Two licenses are authorized for the tract based on its
population. The ABC can only issue the proposed liquor license if the Council
determines that the public convenience or necessity would be served.
04
City Council Staff Report
December 17, 2014— Page 5
Case No. 5.1357 PCN— Palm House Nightclub
The property is located within the Central Business District in a location most recently
occupied by a Mexican restaurant. The new nightclub will provide an entertainment
outlet for nearby tourist and residents within the immediate area. A list of all liquor
licenses within this tract is attached to this report.
Since the property is located in the Central Business District in an area that is
considered to be the City's entertainment area, staff believes that the proposed use will
not be inconsistent with the desired mix of commercial uses in this Census tract and will
serve the public convenience. Furthermore, the Planning Commission approved the
proposed Conditional Use Permit for a cocktail lounge at their December 10, 2014
meeting.
FISCAL IMPACT:
No fiscal impact.
Flinn Fagg, AICP David H. Ready, Citgd6t na er
Director of Planning Services
Attachments:
1. 400' Vicinity Map
2. Draft Resolution
3. Letter of Request from Applicant
4. Site Plan / Floor Plan
5. List of Authorized License Types in the Subject Census Tract
6. Census Tract Map
7. Planning Commission Staff Report 12/10/14
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CITY OF PALM SPRINGS
CASE NO: 5.1357 CUP DESCRIPTION: A Conditional Use Permit
to allow a nightclub and cocktail lounge of
APPLICANT: Viva Las Palomas, LLC approximately 5,069-square feet in size
on behalf of 450 Palm within an existing multi-tenant building at 450
Canyon Drive LLC South Palm Canyon Drive, Zoned CBD,
Section 15, GP:CBD.
06
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE IN ORDER TO SELL BEER, WINE AND
DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC
BEVERAGE CONTROL LICENSE) AT THE PALM HOUSE
FOR THE PROPERTY LOCATED AT 450 SOUTH PALM
CANYON DRIVE, WITHIN CENSUS TRACT #0446.06.
WHEREAS, Viva Las Palomas, LLC ("Applicant') has requested the adoption of
a Resolution of Public Convenience or Necessity (Planning Case No. 5.1357 PCN) for a
Type 48 alcohol license to sell beer, wine and distilled spirits at a proposed cocktail
lounge at 450 South Palm Canyon Drive, Zone CBD, Section 15/T4/R4; and
WHEREAS, on December 10, 2014, the Planning Commission approved a
Conditional Use Permit for Case 5.1357 CUP with associated Conditions of Approval;
and
WHEREAS, the applicant has applied with the State of California Alcoholic
Beverage Control for a license to sell beer, wine and distilled spirits: license type 48
(On-sale General — Public Premises); and
WHEREAS, pursuant to Section 23958.4(b)(2) of the California Business and
Professions Code, the applicant has requested that the City Council determine the
public convenience or necessity would be served if the requested license is issued; and
WHEREAS, the City Council carefully reviewed and considered all of the
evidence presented in connection with the request for a Resolution of Public
Convenience or Necessity, including but not limited to the staff report and all written and
oral testimony.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The location of the proposed business, within Census Tract
#0446.06, is within the Central Business District and will provide a service to tourists
and residents of the City. The proposed use will not be inconsistent with the desired
mix of commercial uses in this Census tract
SECTION 2. The City Council finds that an ABC Type 48 liquor license (On-sale
General — Public Premises) at 850 South Palm Canyon Drive, serves the Public
Convenience.
07
Resolution No.
Page 2
ADOPTED THIS 17th DAY OF DECEMBER, 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
08
Viva Las Palomas ,LLC
1100 N Palm Canyon Drive Suite: 214
Palm Springs, CA 92262
Telephone: 310-600-3405 Fax: 760-459-3248
Email: Gabadocl@me.com
October 20, 2014
City of Palm Springs
Department of Planning Services CAD_
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262 e.
Tel: 760-323-8245 Fax: 760-322-8360
To whom it may concern:
This is a request for a letter of public convenience and necessity. Viva Las Palomas, LLC,
The Palm House,DBA has a pending application with the California Department of Alcohol
and Beverage Control (ABC)for a Type 48 public premises liquor license. The license will
be used at our bar, lounge and nightclub The Palm House will be located at 450 S. Palm
Canyon Drive Palm Springs, CA 92262. This location has been operating as a restaurant with
a liquor license attached for 15 years our liquor license has only a change in venue.
During the application process,the ABC board is requiring us to provide a Public
Convenience of Necessity letter from a local governing council that supports Viva Las
Palomas,LLC's application. This letter is a request by myself Dr. Guy T. Burrows MD to the
Palm Springs City Council to provide the information requested by the ABC Board.
Our bar, lounge and nightclub The Palm House is to be opened on December 1, 2014. The
proposed sale of liquor is a natural component to this type of establishment. The bar lounge
and nightclub The Palm House will cater to broad spectrum of people both tourists and local
residents that are looking for an upscale drinking establishment outside of Palm Springs'
many hotels and restaurants.
Our bar, lounge and nightclub The Palm House will operate within all local laws and
ordinances. The preliminary 500 feet radius shows no residents with in that radius. We will
have DJ entertainment. We anticipate 250 or more patrons; along with 25 employees. Our
hours of operation will be from 5 PM-2 AM The Palm House has ample parking for our
patrons totally to 125 parking spaces and 5 handicap parking spaces. We will also provide a
Valet service and a space for Taxi's so that it will have no negative impact on the surrounding
area. Our staff will be TIPS certified, so that they are aware of and enforce, all laws
regarding liquor sales. No minors or intoxicated individuals will be served. Furthermore,
our bar lounge and nightclub The Palm House will employ a number of people and generate
additional tax revenue for the city of Palm Springs.
Should you have any questions or concerns I can be reach on my cell phone 310-600-3405 or
my email Gabadocl@me.com.
Sincerely,
Dr. Guy T. Burrows MD
09
•
Department of Alcoholic Beverage Control State of California
INVESTIGATION CHECKLIST wwwabcca.aov
Instructions to Applicant(s):
Thank you for filing your application. The application will be assigned to a representative for DATE:
investigation. After the application is initially reviewed, the representative will notify you if additional
information is necessary for the investigation. Failure to respond to the requests for additional October 13, 2014
information will be considered an abandonment of the application and it will be
administratively withdrawn. The items needed for our investigation are check below. Please
furnish them to this office as soon as possible to avoid delays or denial of your application. When LICENSE TYPE
completing forms, print in ink or type. For questions or help, please call and ask to speak with your & NUMBER:
assigned investigator or licensing representative at (760) 324-2027.
48-550866
Post your premises with Form ABC-207, Public Notice...(white poster), or ABC-207B, Public Notice...(yellow poster). Your 30-day
statutory waiting period begins when you post the notice. Make sure to date the notice.
F0 ABC-293,Affidavit of Posting-Sign,date and return.
F_ be
Notice of Application-Publish one time in a newspaper of general circulation in the city where the licensed premises will
be located. If none, publish in a newspaper of general circulation in the city nearest the premises.
ABC-207-C, Notice of Application to Sell Alcoholic Beverages-Publish once a week for three consecutive weeks. Publish in a
F newspaper of general circulation in the city where the licensed premises will be located. If none, publish in a newspaper of general
circulation In the city nearest the premises.
ABC-207-D. Notice of Application for Change in Ownership of Alcoholic Beverage License-Publish one time in a newspaper of
("general circulation in the city where the licensed premises will be located. If none,publish in a newspaper of general circulation in
the city nearest the premises.
R_ABC-528, Instructions to Applicants...Section 23985.5, 500'law.
ABC-207-E, Notice of Intention to Engage in the Sale of Alcoholic Beverages- Mail to certain addresses within 500'of the premises.
FT Follow instructions on Form ABC-528.
ABC-207-F, Declaration of Service by Mail(Section 23985.5, 500'law). Complete,sign,date and return to ABC with a copy of the
F ABC-207-E.
F—Copy of Conditional Use Permit-Obtain from your city or county planning department.
F ABC-208-Ale, Individual Personal/Financial Affidavit-The following person(s) must complete the form:
F,o-LiveScan (fingerprints)for the following person(s) -Please provide second copy of BCII 8016 signed by Live Scan operator:
BURROWS, Guy
BURROWS, Candice
r Re-record and provide certified copy of ABC-227 or ABC-227-A,Notice of Intended Transfer,to include corrections:
lo ABC-245, Information and Instructions re:Section 23958.4 (Public Convenience or Necessity).
I-ABC-282, Declaration re Temporary Permit-Required if applicant is not available to sign ABC-280,Temporary Retail Permit.
F-ABC-283, Information Concerning Temporary Permit-Information only; please read.
10
• r
Department of Alcoholic Beverage Control State of California
INVESTIGATION CHECKLIST (Cont.)
r Copy of Menu f Food Lessee Agreement
F Agreement: F Manager r Franchise
Non-retail applicant: Contact U.S. Department of Treasury,Alcohol and Tobacco Tax and Trade Bureau (TTB),to find out if a
F_ Federal Basic permit is needed (ABC may also need a copy). Contact TTB at National Revenue Center,550 Main St.,
Cincinnati,OH 45202-3263, Phone: (800)398-2282. Website: www.ttb.gov.
Non-retail applicant: Contact ABC Headquarters, (916)419-2571,concerning the need for: Malt Beverage price Schedule
(ABC-701),Territorial Agreements, Label Approval Application (ABC-412),Certificate of Compliance (ABC-578 and ABC 410),
and Out-of-State Distilled Spirits Shipper's Certificate (ABC-413 and ABC-414)
F Non-retail applicants,except Types 06, 08, 14, 16, 17,27 and 29,will be contacted directly by the California Board of
Equalication, Excise Tax Division,concerning registration requirements for excise tax due on alcoholic beverages.
Retail applicant: Contact U.S. Department of Treasury,Alcohol and Tobacco Tax and Trade Bureau (TTB), (877)882-3277,
F_about the Special Tax Registration;ATF-5630.5,Annual Tax Registration and Return;ATF-5170.2, Liquor Laws and Regulations
for Retail Dealers. Website: www.ttb.gov.
1 Petition for Conditional License-ABC-172.
F ABC-203,Acknowledgement of ABC Laws, Rules or Regulations
F Rule 600)or(I)affidavit.
FT ABC-226, Statement re:Consideration Deposited in Escrow. Escrow holder must sign and mail to ABC.
Date mailed to escrow holder: October 13,2014
r You may need to provide verification(proof)of the source of your funds (e.g.,bank statements,savings passbooks,loan papers,
real estate papers,financial statement,giftAoan letters,etc.).
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California ABC - License Query System - Data Portal Page 1 of 1
California Department of Alcoholic Beverage Control
For the County of RIVERSIDE- (By license type 48)
and Census Tract=446.06
Report as of 12/7/2014
Primary Owner
License Licens On iss. Ex it Mailing loo
eo
Numbe Status Type Date Date and Premises Business Name Address de
Addr.
1 332446 ACTIVE 48 10/2/1997 7P446.06
BITONTI, LARRY HAIR OF THE DOG 0889 3310
AMES ENGLISH PUB VENIDA
38 N PALM IMINO
CANYON DR CATHEDRAL
PALM SPRINGS, CITY, CA
A 92262 92234-2949
Census Tract:
86008 ACTIVE 48 /2/2010 /31/2015 DESERT FOX DESERT FOX 3310
:24,12 PM PRODUCTIONS
24 N PALM
CANYON DR
PALM SPRINGS,
CA 92262.5510
ensus Tract:
446.06
36408 ACTIVE 48 11/25/2013 10/31/2015 LEGENDS OF LEGENDS OF PALM 3310
01:30 PM PALM SPRINGS SPRINGS
LLC
125 E TAHQUITZ
ANYON WAY,
TE 102
PALM SPRINGS,
A 92262-6457
ensus Tract:
446.06
44914 ACTIVE 48 /29/2014 7/31/2015 LOLA COFFEE ERNEST 1959 3310
05:42 PM LLCCOFFEE/BOOTLEGGER JACQUES DR.
140 W. VIA LOLA, TIKI PALM
1101 SPRINGS, CA
PALM SPRINGS, 2262-3112
A 92262-4339
Census Tract:
6.06
---End of Report-- -
For a definition of codes,view our glossary.
14
https://www.abc.ca.gov/datport/AHCountyRep.asp 12/8/2014
Census Tract #0446.06 — Downtown Palm Springs
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PLANNING COMMISSION STAFF REPORT
DATE: December 10, 2014
SUBJECT: VIVA LAS PALOMAS, LLC ON BEHALF OF 450 PALM CANYON DRIVE
LLC FOR A CONDITIONAL USE PERMIT TO ALLOW A NIGHTCLUB
AND COCKTAIL LOUNGE OF APPROXIMATELY 5,069-SQUARE FEET
IN SIZE WITHIN AN EXISTING MULTI-TENANT BUILDING AT 450
SOUTH PALM CANYON DRIVE, ZONED CBD (CASE 5.1357 CUP).
FROM: Department of Planning Services
SUMMARY
The Planning Commission will consider a Conditional Use Permit request for a new
5,069-square foot cocktail lounge and nightclub within an existing multi-tenant
commercial building located at 450 South Palm Canyon Drive. Business name: The
Palm House
RECOMMENDATION:
Approve, subject to conditions.
ISSUES:
• Proposed location is currently vacant.
• No net increase in parking required.
BACKGROUND:
WO aA f 1 n iir ';.Frr , Buildirr', eta.
a.
1989 The subject building was constructed
2013 450 Palm Canyon Drive LLC
November 2014 Staff has visited the site to observe existing conditions
16
Planning Commission Staff Report
December 10, 2014-- Page 2
Case Nos. 5.1357 CUP—The Palm House
Details&A licatioii Pe quest
Site Area
Complex Building Area 48,598-s uare feet
Site Building Area 10,308-s uare feet
Tenant Area 5,069-s uare feet
BACKGROUND AND SETTING:
The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a
new cocktail lounge and nightclub called `The Palm House" in a vacant 5,069-square
foot space located at 450 South Palm Canyon Drive. Hours of operation to be from
5:00 PM to 2:00 AM, Wednesday to Sunday. Entertainment will include DJs. The
applicant is seeking a Type 48 liquor license serving beer, wine, and distilled spirits.
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i7
Planning Commission Staff Report
December 10. 2014--Page 3
Case Nos. 5.1357 CUP—The Palm House
Surrounding Existing General Plan I Existing Land Use Existing Zoning
Property Designations Designations
Subject Central Business Multi-tenant CBD
Property District Commercial
North Central Business Multi-tenant CBD
District Commercial
South Central Business Multi-tenant CBD
District Commercial
East Local Serving Multi-tenant Retail LSC
Commercial
Section 14
West Central Business Commercial CBD
District
ANALYSIS
General Plan: The General Plan designation of the subject site is CBD (Central
Business District). This designation allows for "theatres, museums, retail and other
entertainment venues". The subject property is an existing mixed-use complex
containing restaurant and retail businesses. The addition of a cocktail lounge with a
Type 48 liquor license will advance the goals of the General Plan and provide a service
to the visitors of Downtown Palm Springs. Therefore, the proposed use is consistent
with the General Plan.
Zoning: The subject property is zoned Central Business District (CBD). Pursuant to
Section 92.09.01(D)(5) of the Palm Springs Zoning Code (PSZC), "cocktail lounges and
nightclubs with or without dancing" are permitted with the approval of a Conditional Use
Permit.
Parking: The existing parking lot at the rear of the building serves the parking demand
for the multi-tenant complex. There are a total of 125 off-street parking spaces and 21
on-street parking spaces. Pursuant to Section 92.26.00(C)(4) of the PSZC, mixed use
shopping centers exceeding 20,000-square feet in size are required to accommodate
one parking space per 375-square feet of gross floor area. With a total area of 48,569-
square feet for the complex, a total of 130 parking spaces are required. No additional
parking is required due to parking standards set forth in the Downtown Parking
Combining zone and allowance of on-street parking credit.
Safety and Security: Staff requested comments and recommendations on the proposal
from the Fire and Police Departments. The Fire Department indicated that there were
no issues with the use and provided recommended conditions of approval. The Palm
Springs Police Department (PSPD) requested that a security plan be a condition of
approval for the CUP. A security plan will be reviewed with the applicant in the near
future.
18
Planning Commission Staff Report
December 10, 2014 -- Page 4
Case Nos. 5.1357 CUP—The Palm House
REQUIRED FINDINGS
The Planning Commission must make certain findings in order to approve this
Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code;
those findings are analyzed by staff below:
1) That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
Section 92.09.01(D)(5) of the Palm Springs Zoning Code permits a cocktail lounge
and nightclub in the CBD zone when approved under a Conditional Use Permit.
2) That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of objectives of the
general 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 Central Business
District of downtown Palm Springs. The proposed use is desirable for the
development of the community as it adds to the nighttime activities available in the
vicinity of downtown. A nightclub at the proposed location is not anticipated to be
detrimental to existing uses or future uses specifically permitted in the CBD zone.
3) That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The proposed use is within a mixed-use development with adequate parking as
required by the zoning code. The business will operate within a 5,069-square foot
space and no additional square footage is necessary to accommodate the proposed
use. Therefore, the site is adequate in size and shape to accommodate the
proposed use.
4) That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The project site is located between South Palm Canyon Drive and South Indian
Canyon Drive, which are designated as major thoroughfares in the General Plan
Circulation Element, and are improved with three vehicle lanes and four vehicle
lanes, respectively. The tenant space is approximately 5,069-square feet in size and
19
Planning Commission Staff Report
December 10, 2014— Page 5
Case Nos. 5.1357 CUP—The Palm House
any traffic generated by the proposed use will be insignificant to the streets and
highways.
5) That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The proposal is to operate a 5,069-square foot nightclub 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 general
welfare. These conditions include compliance with the City's noise ordinance,
limitations on operating hours and other necessary requirements.
CONCLUSION
The project is consistent with the land use policies of the General Plan and Zoning
Code. Staff is able to recommend findings necessary for approval of the proposed use.
On that basis, staff is recommending approval of the proposal.
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project has
been determined to be categorically exempt from further environmental review pursuant
to Section 15301(a) (Existing Facilities).
NOTIFICATION
A public hearing notice was published in the local newspaper and mailed to all property
owners and registered occupants within a 500-foot radius of the subject property. As of
the writing of this report, staff has not received any public correspondence.
/2 --
Taavid A. Newell Flinn Fagg, AICP
Assistant Planner Director of Planning Services
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution with Conditions of Approval
3. Justification Letter
4. Site Plan
5. Floor Plan
20
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CITY OF PALM SPRINGS
CASE NO: 5.1357 CUP DESCRIPTION: A Conditional Use Permit
to allow a nightclub and cocktail lounge of
APPLICANT: Viva Las Palomas, LLC approximately 5,069-square feet in size
on behalf of 450 Palm within an existing multi-tenant building at 450
Canyon Drive LLC South Palm Canyon Drive, Zoned CBD,
Section 15, GP:CBD.
21
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1357, A CONDITIONAL USE
PERMIT (CUP) TO OPERATE A NIGHTCLUB USE AT
450 SOUTH PALM CANYON DRIVE.
WHEREAS, Viva Las Palomas, LLC. ("Applicant') has filed a Conditional Use Permit
application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a
nightclub use in a 5,069-square foot tenant space within a multi-tenanted commercial
complex located at 450 South Palm Canyon Drive, Zone CBD, Section 15, APN: 513-
214-004; and
WHEREAS, a nightclub may be permitted in the CBD (Central Business District) Zone
with the approval of a Conditional Use Permit, pursuant to Section 92.09.01(D)(5) of the
Zoning Code; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1357 — CUP was given in accordance with applicable
law; and
WHEREAS, on December 10, 2014, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section
15301 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: Section 94.02.00(B)(6) of the Zoning Code requires the Planning
Commission not approve a Conditional Use Permit unless it finds as follows:
1. That the use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized by this Zoning Code.
Section 92.09.01(D)(5) of the Palm Springs Zoning Code permits a cocktail lounge
and nightclub in the CBD zone when approved under a Conditional Use Permit.
2. That the use is necessary or desirable for the development of the community, is
in harmony with the various elements or objectives of the general plan, and is not
22
Planning Commission Resolution No. December 10, 2014
Case 5.1357 CUP—The Palm House Nightclub, 450 S. Palm Canyon Drive Page 2 of 3
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 Central Business
District of downtown Palm Springs. The proposed use is desirable for the
development of the community as it adds to the nighttime activities available in the
vicinity of downtown. A nightclub at the proposed location is not anticipated to be
detrimental to existing uses or future uses specifically permitted in the CBD zone.
3. That the site for the intended use is adequate in size and shape to accommodate
such use, including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust such use to those existing or permitted future
uses of land in the neighborhood.
The proposed use is within a mixed-use development with adequate parking as
required by the zoning code. The business will operate within a 5,069-square foot
space and no additional square footage is necessary to accommodate the proposed
use. Therefore, the site is adequate in size and shape to accommodate the
proposed use.
4. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The project site is located between South Palm Canyon Drive and South Indian
Canyon Drive, which are designated as major thoroughfares in the General Plan
Circulation Element, and are improved with three vehicle lanes and four vehicle
lanes, respectively. The tenant space is approximately 5,069-square feet in size
and any traffic generated by the proposed use will be insignificant to the streets and
highways.
5. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety and general welfare and
may include minor modification of the zone's property development standards.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
23
Planning Commission Resolution No. December 10, 2014
Case 5.1357 CUP—The Palm House Nightclub, 450 S. Palm Canyon Drive Page 3 of 3
k. Regulation of time for certain activities
1. Time period within which the proposed use shall be developed
m. Duration of use
n Dedication of property for public use
o. Any such other conditions as will make possible the development of the city
in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to mitigation
measures outlined in an environmental assessment.
The proposal is to operate a 5,069-square foot nightclub 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 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 Case No. 5.1357 — CUP, a Conditional Use Permit to
allow a nightclub use of approximately 5,069-square feet within a mixed use complex
located at 450 South Palm Canyon Drive, subject to the conditions set forth in the
attached Exhibit A.
ADOPTED this 10t' day of December 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Flinn Fagg, AICP
Director of Planning Services
24
RESOLUTION NO.
EXHIBIT A
Case 5.1357 CUP
The Palm House (Nightclub)
450 South Palm Canyon Drive
December 10, 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
5.1357 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 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 5.1357 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
', 5
Resolution No. _
Conditions of Approval Page 2 of 6
5.1357 CUP—The Palm House December 10, 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.
26
Resolution No.
Conditions of Approval Page 3 of 6
5.1357 CUP—The Palm House December 10,2014
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 Citv 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 from 450 S. Palm Canyon Drive.
PLN 2. Hours of Operation. The operating hours shall be 5:00 P.M. to 2:00 A.M.
daily. Any future modifications to the hours of operation shall require an
amendment to this Conditional Use Permit.
PLN 3. Entertainment. Entertainment to include disc jockeys indoors only. Bass
levels shall be at a reasonable level.
PLN 4. 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 use. If the Resolution of Convenience and Necessity is not
approved, this CUP application will not be valid.
PLN 5. 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 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
Resolution No.
Conditions of Approval Page 4 of 6
5.1357 CUP—The Palm House December 10, 2014
POLICE DEPARTMENT CONDITIONS
POL 1 . Security Plan. Within ninety (90) days of approval of the Conditional Use
Permit, the applicant and property owner shall agree, in writing, to comply
with a security plan that has been approved by the Chief of Police. The
business operator 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
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined from electronic plans dated
"November 2014". Additional requirements may be required at that time
based on the submittal of the Tenant Improvement plans.
FID 2 Fire Department Conditions were based on the 2013 California Fire Code
as adopted by City of Palm Springs, Palm Springs Municipal Code and
latest adopted NFPA Standards. Four (4) complete sets of plans for; Tenant
Improvements, private fire service mains, fire alarm, or fire sprinkler
systems must be submitted at time of the building plan submittal.
FID 3 Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) 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
Resolution No.
Conditions of Approval Page 5 of 6
5.1357 CUP—The Palm House December 10,2014
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. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals (four sets). All system
materials shall be UL listed or FM approved for fire protection service and
approved by the Fire Prevention Bureau prior to installation.
FID 4 "Exit Analysis Plan" required. Prepared, stamped and signed by a state
licensed architect in '/4" = 1' scale. The floor plan shall address the
following for a Group A-2 occupancy:
• Provide net occupant load calculations for the lounge, lobby and
outdoor patio. The occupant load determination shall be made by
the Fire Marshal
• 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)
• Elevation changes in the exit discharge
• Locations of fire extinguishers (minimum rating 2A-10BC).
FID 5 Fire Extinguisher Requirements (CFC 906): Provide one 2A-10BC
portable fire extinguisher for every 75 feet of floor or grade travel distance
for normal hazards. Show 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.
Deep fat fryers shall have a Class K UL rated 2A:K wet chemical fire
extinguisher located with 30 feet of the fryer(s)
FID 6 Fire Protection Systems
• Fire sprinkler system shall have been serviced by a C-16 licensed
contractor within the previous 5-years
• Cooking hood suppression system shall have been serviced by a C-
16 licensed contractor within the previous 6-months
• Cooking hood, exhaust plenum and exhaust fan grease collector
shall have been cleaned within the previous 6-months.
FID 7 Posting of Occupant Load (CFC 1004.3): Every room or space which is
29
Resolution No.
Conditions of Approval Page 6 of 6
5.1357 CUP—The Palm House December 10, 2014
used for assembly, classroom, dining, drinking, or similar purposes having
an occupant load of 50 or more shall have the occupant load of the room or
space posted in a conspicuous place, near the main exit or exit access
doorway from the room or space. Posted signs shall be of an approved
legible permanent design and shall be maintained by the owner or
authorized agent.
END OF CONDITIONS