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HomeMy WebLinkAbout7/2/2014 - STAFF REPORTS - 2.P. P`M Si09 iy u m 41FORN,P CITY COUNCIL STAFF REPORT DATE: JULY 2, 2014 CONSENT CALENDAR SUBJECT: REQUEST BY LOLA COFFE LLC, DBA - ERNEST COFFEE AND BOOTLEGGER TIKI BAR 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 1101 NORTH PALM CANYON DRIVE. CASE: 5.0687 — 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 1101 North 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 1101 NORTH PALM CANYON DRIVE, WITHIN CENSUS TRACT #0446.06." PRIOR ACTIONS: 8/7/2012 AAC reviewed building repaint and rehabilitation of building 2/12/2013 Staff approves parking lot re-surfacing 2/10/2014 AAC reviews outdoor patio design and recommends approval 6/11/14 Planning Commission approves CUP for operation of a coffee shop and bar. ITEM NO. �� City Council Staff Report July 2, 2014 — Page 2 Case No. 5.0687 PCN — Ernest Coffee and Bootlegger Tiki Bar 2/14/2013 Zaleka Partnership LP Site Area Net Building Area 38 residential apartments; 12,269-s uare feet retail (approximately) Proposed Site 1,966-s uare feet— Ernest Coffee and Tiki Bar r tlrr g €�r tri _ n Existin#1and Use xistr g.j 1 _ aL..SS Subject Property Office Retail / Apartments C-1 North Office Retail C-1 South Neighborhood Retail C-1 Community Commercial East Office Retail C-1 West Office Multi-Family R-2 Residential BACKGROUND: The applicant received approval from the Planning Commission for a Conditional Use Permit (CUP) to operate a new cocktail lounge / coffee shop called "Ernest Coffee and Bootlegger Tiki Bar" in a vacant 1,966-square foot space located at suite 1101 North Palm Canyon Drive. The location is at the corner of North Palm Canyon Drive and Via Lola within a recently renovated mixed-use space consisting of apartments and retail stores. The proposed total number of seats to be 23-indoor and 16-outdoor located on a private outdoor patio along Via Lola. Hours of operation for Ernest Coffee to be from 6:00 AM to 6:00 PM; and for Bootlegger Tiki from 4:00 PM to 2:00 AM seven days a week with entertainment to be limited to a DJ playing tiki-inspired tracks. The applicant is seeking a Type 48 liquor license serving beer, wine, and distilled spirits. The mixed-use building at the corner of Via Lola and North Palm Canyon Drive was built in 1952 consisting of first floor retail shops with apartments above and to the west. The location of the proposed coffee shop and cocktail lounge was once occupied by Don the Beachcomber restaurant and tiki bar. The parking calculation for the proposed use is pursuant to Section 93.06.00(D)(19) for a mixed-use development over 20,000-square feet which states: "Additional parking need not be provided for restaurants, provided that, no more than 25% of the total floor area of the whole complex is devoted to restaurant use." The proposed coffee shop and bar will be the only restaurant use in the complex. Off-street parking for the retail uses and apartments is provided on an adjacent parking lot consisting of 53 spaces. 02 City Council Staff Report July 2, 2014— Page 3 Case No. 5.0687 PCN — Ernest Coffee and Bootlegger Tiki Bar Staff has determined that based upon the above analysis, the new coffee shop and cocktail lounge will not require additional scrutiny of parking standards. 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 eighty- eight (88) 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. The property is located within the Uptown Design District and will occupy a vacant storefront. The new coffee shop and bar will provide a shopping and entertainment outlet for nearby office workers, the hospital, residents and visitors to the area. A list of all liquor licenses within this tract is attached to this report. Since the property is located in the Uptown Design District in an area that is not serviced by a similar coffee shop / bar, 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 June 11, 2014 meeting. FISCAL IMPACT: No fiscal impact. 03 City Council Staff Report July 2, 2014 — Page 4 Case No. 5,0687 PCN — Ernest Coffee and Bootlegger Tiki Bar Mar6goWh:eeler, AIC David H. Ready, It r 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 6/11/14 8. Minutes of Planning Commission Staff meeting 6/11/14 9. Planning Commission Conditional Use Permit — Resolution and Conditions of Approval 04 w 'pP LM Sp91 N Department of Planning Services WE Vicinity Map C4<rF00.Np 5 VIA LAS PALMAS C1 PD R2 R1A R1A VEREDA DEL SUR PD O C1 R1A R1A O U w R2 C1 C MINO DEL SUR o z Z o a >- z U z O R1 A ¢ TACHEVAH AVE C TA EVAH DR U U z o P OLA z R1A R2 C1 C1 R3 R3 Legend R1B Q 500 Ft ® Ste R1A R2 C1 OZoning Parcels EL ALAMEDA a R3 R1 B CITY OF PALM SPRINGS CASE NO: 5.0687 CUP DESCRIPTION: A request for a Resolution of Public Convenience or Necessity for a cocktail lounge located APPLICANT: Lola Coffee LLC, at 1101 North Palm Canyon Drive, Zone C-1, Section dba Ernest Coffee 10. 05 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 ERNEST COFFEE AND BOOTLEGGER TIKI BAR FOR THE PROPERTY LOCATED AT 1101 NORTH PALM CANYON DRIVE, WITHIN CENSUS TRACT #0446.06. WHEREAS, Lolo Coffee LLC ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.0687 PCN) for a Type 48 alcohol license to sell beer, wine and distilled spirits at a proposed cocktail lounge at 1101 North Palm Canyon Drive, Zone C-1, Section 1/T4/R4; 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 Uptown Design District and will provide a service not found in the immediate neighborhood. 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 1101 North Palm Springs, serves the Public Convenience. ADOPTED THIS 2nd DAY OF JULY, 2014. David H. Ready, City Manager 06 Resolution No. Page 2 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 07 May 19, 2014 City of Palm Springs Department of Planning Services 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 RE: Lola Coffee LLC Pending Liquor License #544914 To Whom it May Concern, In accordance with the provisions of Section 23958.4 of the California Business and Professions Code,this letter is provided to support a finding that Public Convenience and Necessity would be served by the issuance of a liquor license for Lola Coffee LLC. Lola Coffee LLC is the parent company doing business as Ernest Coffee and Bootlegger Tiki both located at 1101 North Palm Canyon Drive. Ernest Coffee will provide patrons with a contemporary, bright space and will serve high quality Stumptown Coffee and locally- sourced pastries baked fresh every morning including gluten free options. Bootlegger Tiki will offer hand mixed, high quality rum-based craft cocktails and a uniquely curated and authentic tiki-inspired space. In honoring the historic use of the space which was originally a Don the Beachcomber restaurant and tiki bar, we are applying for a liquor license to continue the tradition of providing a vibrant hub for the community to enjoy.The concept of tiki and craft cocktails is so integral to our business that we actually named the coffee shop 'Ernest Coffee' after Don the Beachcomber's given name Ernest Raymond Beaumont Gantt, and Bootlegger Tiki after the fact he was a bootlegger. The coffee shop and tiki bar will be serving a community that does not currently have many if any walkable or accessible food and beverage options within close proximity to us. We will service a number of local businesses including realtors, retailers, art galleries and a hospital. We will be open seven days a week offering both local and tourist patrons extremely high quality food and beverage in a design-driven space. The investment in a liquor license is requested as a service and convenience to our customers as an integral part of the tiki and coffee experience. We will bring in a DJ on weekends to spin original tiki-inspired tracks and are curating a special playlist with a nod to tiki but that is still contemporary in nature.We are using social media to promote the history of the space as well help to propel us into the future. We have built a south-facing patio on the corner of Via Lola and Palm Canyon that will help bring strangers and friends alike together to enjoy the delicious food and beverage options, take a break, and enjoy the atmosphere. We plan on supporting local artists in the space and are curating a historical collection of tiki 08 paraphernalia.We have enjoyed meeting our neighbors as we build out the space and everyone is so excited to welcome us to the neighborhood. We will strive to become a valuable member of the community and will work hard to help the neighborhood achieve their development goal of improving and building upon the North Design District of Palm Springs. Additionally, this business will create 12 jobs. We trust that the California Department of Alcoholic Beverage Control finds that Public Necessity and Convenience would be served by the issuance of a liquor license to the requested premises. If you have any further questions or require any additional information please do not hesitate to contact me. I can be reached at 760-668-1766. Thank you for yourtime and support of Lola Coffee, LLC. Sincerely, Jaime Kowal Managing Member, Lola Coffee LLC 09 May 1, 2014 City of Palm Springs Department of Planning Services 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ��.5 . 0687 To Whom it May Concern, Please find here a justification letter as part of our Conditional Use Permit application for Lola Coffee LLC located at 140 W Via Lola Unit 1101, formerly a Don the Beachcomber tiki bar and restaurant. In honoring the historic use of the space we are applying for a liquor license to continue the tradition of providing a vibrant hub for the community to enjoy. Lola Coffee LLC is the parent company doing business as Ernest Coffee and Bootlegger Tiki. Ernest Coffee will provide patrons with a contemporary, bright space and will serve Stumptown Coffee and locally sourced pastries. Bootlegger Tiki will offer hand mixed, high quality craft cocktails and a uniquely curated and authentic tiki-inspired space. This is a tenant improvement project. Together, these two businesses require both the interior and exterior redevelopment of 1131 square feet of under-utilized and vacant property along North Palm Canyon Drive.This development has required architectural changes as follows - including the need to update both building and fire codes, meet new ADA requirements, and rectify the bootlegged electrical system.The scope of work includes the remodel and upgrade of two existing vacant retail/office spaces and the addition of an outdoor patio and seating. These improvements are substantial in nature and will bring this vacant space up to current building and safety codes.These improvements will not result in any negative environmental impacts. This business will create 12 jobs. Ernest Coffee will be open from 6am - 6pm daily. Bootlegger Tiki will be open from 4pm to tam daily. The state licenses applied for include the Building Permit, Business License, Certificate of Occupancy and Department of Environmental Health Permit(upon completion). The project meets and supports existing City regulations for all of the findings of approval per the Palm Springs Zoning Ordinance as follows: a. 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; I0 b. The use is desirable for the development of the community in providing products and services not currently offered in the area, and is not detrimental to existing uses orto future uses specifically permitted in the zone in which the proposed use is to be located; C. 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; d. The site for the proposed use relates to streets properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; It is our intention to open Ernest Coffee in late spring, and Bootlegger Tiki in early fall. We strongly believe that by bringing these two concepts to the community, we will help to provide a much desired catalyst in the continued rejuvenation of the North Design District. Thank you for your time and support of Lola Coffee, LLC. Sincerely, Jaime Kowal Managing Member, Lola Coffee LLC 11 apartment of Machete Beverage Control State of California NFORMATION AND INSTRUCTIONS- Edmund G.erown,k,cwernor ;ECTION 23958.4 B&P Instructions This form is to be used for all applications for original issuance or premises to premises transfer of licenses. Part 1 is to be completed by an ABC employee,given to applicant with pre-application package,with copy retained in holding file or applicant's district file. Part 2 is to be completed by the applicant,and returned to ABC. 'ART I -TO BE COMPLETED BY A13C Lola Coffee, LLC _ n an nacre,co,vp 140 W. Via Lola#1101, Palm Springs, CA. 92262-4339 48 T4PE'DFEO6IflES+t-- ]FWI Service Restaurant ❑Hotbrau/Cafeteria ❑X Cocktail Lounge ❑Private Club ]Deli or Specialty Restaurant []Comedy Club []Night Club []Veterans Club ]Cafe/Coffee Stop ❑Brew Pub ❑Tavem: Beer ❑Ftatemal Club ]Bed&Breakfast: ❑Theater nTavem: Beer&wine ❑Nine Tasting Room ❑Wine only ❑AII ' ]Supermarket ❑Membership Store [_]Service Station ❑S ap Meet/Flea Market ]Liquor Store ❑Department Store ❑Convenlence Market [_]Drive,in Dairy I orug/variety,Store ❑Florist/Gift Shop ❑Comrenience Market w/Gasoline ]Other-describe: N/A N/A ❑On-Sale ❑Off-Sale WA [:]On-Sale ❑OffSale 446.06 12 orl-Sale ❑Off-sale 88 EXIOn-Sale ❑Off-Sale r.s., ralq ¢epees pogo n census dad ewaedlM" KeamropOpu ana een xe mum . ]Yes,the number of existing licenses exceeds the number allowed ::]No,the number of existing licenses is lower than the number allowed ]Yes(Go to Item#13) X❑No(Go to Item#2o) 3T N/A N/A N/A N/A N/A N/A i.e., a p nu r comp en average n r n as mr am aern r xfirp olmma wllhln me lurladicdm prow local law mloeemmt a 04 ]Yes,the total number of offenses in the reporting district equals or exceeds the total number in item#17 ]No,the total number of offenses in the reporting district is lower than the total number in item#17 T.-RIECRmEabxTFUT mIV ma a. If"hW is checked in both Item#11 @Dd item#19,Sedlon 2995E 4 B&P does not epo to this application,and no 4ddhional Information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. ] b. If' pe is checked in either Item#11 2 hem#19,prt the applicant Is applying for a non-retail license,a retail bon fide pudic eating place license,a retail license issued for a hotel,motel or other lodging establishment as defined in Section 25503.16(b)B&P,or a rate I license issued in conjuction with a beer manufacturer's license,or winegrowers license,advise the agAzat to complete Sectfon 2 and bring the completed to=to ABC when filing the application or as soon as possible thereafter. ] c. if"Yes"is checked In either item#11 pL item#19.aW the applicant is applying for an off-sale beer and wine license,an off-sale general license,an on- sale beer ueense,an on-sale beer and wine(public premises)license,or an on-sale general(public premises)license advise the applicant to take MIS term to the local ooveminp body or its desfonated subordinate officer or body to have them complete Section 3. The completed form will need to be Governing Body/Designated Subordinate Name:Ill '11NLY _ aEP ll Hennell)epemnen -wvp --- ALMA RUIZ-ZUNIGA 9 -245 rev.01-11 'ART 2-TO BE COMPLETED BY THE APPLICANT(If box#20b,is checked) 0. Based on the information on the reverse the Department may approve your application f you can show bat public convenience or lecessity would be served by the issuance @ the license. Please describe below the reasons why issuance f another license is justified in 12 'ART 3-TO BE COMPLETED BY LOCAL OFFICIALS(If box#20c is checked) 'he applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists(i.e., in over-concentration of licenses and/or a higher than average crime rate as defined in Section 23958.4 of the Business and Professions :ode). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local loverning body of the area in which the applicant premises are located,or its designated subordinate officer or body,determines within 90 lays of notification of a completed application that public convenience or necessity would be served by the issuance. )lease complete hems#24 to#30 below and certify or affix an official seal,or attach a copy of the Council or Board resolution or a signed Ater on official letterhead stating whether or not the issuance of the applied for license would serve as a public convenience or necessity. ]Yes ❑No El See Attached(i.e.,letter,resolution,etc.) ,. re¢v Breem,u repp or wcorrven,erro9«MCecs 9Z7rV (MV.01-11) I' 13 rNNa PANGO mlow or �m .aaw 1 South Exterior Elevation East Exterw Elevation _^ 1101 N.Min CeTenantImpovement PIgeM wry Outdoor Seatin Raili Railing Photo Sample Railing Detail 6EINIST '`COFFEE CO. y PALM SPRINGS, CA/` /\ EXTERIORELEVATIONS Job 61 PS008 Exissno Facade on Via Lots Company Name&L000.&Brandin Identity A n Q Nn r.Ve xa � 3 `- SIiM o s .. A itorope• f .:. Wiest coffe Co. Ayw�re.�eran.® I- W..WI,,h JE -- — — •c'S'•c'Y b.M ^ ± lbw � � � Cpmlu�� � I 4�y.W�i h.6Y�.~ _ — �' o ®P III ecn. I �ia..`ri..lm7i o �wAi Asroee G, Wdo Seafin9 \ ,_..._.. ,_-.,..- 1101 N.Palm -.- - - - - l CanWrI Drive - - ---�— — — New Floor Plan /�\ Im Tenanlprovemem SGIE:II.'-1'tl P urm Project • --.- - -�' '--_- �r uaircx vu¢ anilcxronlwama. Aew� Notes: � mM1 r...n... �� �v sr ogc:''' ._ P�_ -• _A• , _ q' _ �`� TMI9m® Hsu - �x � •' _ a � I``l5 Auu •��#�-. Key -- r.-+nary 1. a Y _ ' •--'— mil s.mawn (' `` C )fffou / Q loea"',�w 4 i 7& moml 1• a •-�... - - �c I -__ `® •'_'. ! car.wn. I Ao+ ; .��rr-.a -e �wm.�.w.�W+a•�-w Ooi `• ikl Bar It1 •'Prep Neai lYead=mod `•'lem_`� `b' 6/ A b .I,h A�oreo.. o Irvl.elro.e.s-ae.r lesser '�'.m.m-••. � - .=;»x_ . NhW FLOOR& O `I ---' CEIWNG 1 1 PLANE ®.�I.: n �+m I® ® I�....,...,..,,.,". :TM•4.......r.....�......e...�.......—.m Joe a. Psooe CeMin4 Plan And(E)Mechanical A2.0 PI�w V• Fj= IEI TwBln TrmF End[sum E«Lda cmmmwl ear IEI WbM .. (E)At...I tiry.n®~ BuWin9 PVFry Lot aWbl^g IE)NEmnt NW,Ld BWIMp P SM W D I—aiy (q rawao-use eWnlna to 6rnelTW COTe � o o` 0 tnnaon d c Eammicolke Co. V E of w P+.uem om. 1101 N.Peim veF sowevs,wwu Canyon Drive Tenant IPoJERCmCAPryY[T....icw^✓tl Improvement v mmmxm.Fwma.tm...ywrma wtoe mnee Protect W.Vle WW •m+.+m.e nI.m.mmmoreeera Overall Site Plan T '^^• e^'"°^"•�°p�^'°^"°°'°°m"•^^••• SCALF:rrtS Nul weFmthweFMume We^M e¢MW WOxsu amsm�vrey wmwm alenmmse.on..ea�,raaw. er w peN a e...l m uw o-em eemalry 4zr ' a w I _ o` I � I Z sm W.Via Wa I PUN a I I Job It. PSooa I -- -- -- - -- ---- - SP Enlarged Site Plan /T1 I x.te.rm-ra I slt..t O! California ABC - License Query System - Data Portal Page I of 14 California Department of Alcoholic Beverage Control For the County of RIVERSIDE - (On-Sale Licenses) and Census Tract=446.06 Report as of 6/22/2014 PNum nse Licens Ori Primary OwnerIss. Ex it BusinessMailin Geo be Status Type Date Date and Premises Name Mailing s Code Addr. 1) 115482 ACTIVE 47 12/15/1981 28/2015 LE VALLAURIS LE VALLAURIS 3310 LMTD 385 W TAHQUITZ CANYON WY PALM SPRINGS, CA 92262 Census Tract: 0446.06 11 134886 ACTIVE 41 3/17/1983 /30/2014 REYES, DORE A JJS OASIS 3310 1550 N PALM LATINO CANYON DR PALM SPRINGS, CA 92262-4410 Census Tract: 46.06 3) 200971 ACTIVE 47 5/29/1987 10/31/2014 ROBBIE REED BILLY REEDS 3310 INC RESTAURANT 1800 N PALM CANYON DR PALM SPRINGS, CA 92262-2918 Census Tract: 0446.06 09234 ACTIVE 47 11/9/1987 /30/2015 HABER, MELVYN MELVYNS 3310 00 W RAMON RD PALM SPRINGS, CA 92264 Census Tract: 0446.06 5) 248019 ACTIVE 41 6/22/1990 1/31/2015 LAS CASUE LAS LAS 3310 IEJAS INC CASUELAS 368 N PALM VIEJAS CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 54896 CTIVE 47 /11/1991 /30/2014 D COYOTE ES N INC GRILL 3310 17 https://www.abe.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 2 of 14 I ANYON DR ALM SPRINGS, A 92262 ensus Tract: 446.06 7) 313802 ACTIVE 41 11/28/1995 10/31/2014 DI, AMICO DIANA TYLERS 3310 HELEN BURGERS 149 S INDIAN CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 8) 318768 ACTIVE 47 7/8/1996 /30/2014 ALEXANDER PEABODYS 3310 SPRINGS INC CAFE 134-36 S PALM CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 9) 325111 ACTIVE 41 11/25/1996 10/31/2014 DONLAGIC, CAFE JASMIN 3310 ASM I N KA 125 E TAHQUITZ CANYON WAY, STE 103 PALM SPRINGS, CA 92262 Census Tract: 0446.06 10) 332446 ACTIVE 48 10/2/1997 /31/2014 BITONTI, LARRY HAIR OF THE 30889 3310 JAMES DOG ENGLISH AVENIDA 38 N PALM PUB XIMINO CANYON DR CATHEDRAL PALM SPRINGS, CITY, CA CA 92262 92234-2949 Census Tract: 0446.06 11) 333829 ACTIVE 67 9/25/1997 12/31/2014 WILLOWS WILLOWS 1850 SMOKE 3310 HISTORIC PALM HISTORIC TREE LN SPRINGS INN PALM PALM HE SPRINGS INN SPRINGS, CA 12 W TAHQUITZ THE 92264 CANYON WY PALM SPRINGS, CA 92262 L L L Census Tract: 0446.06 Ll 12) 341597 ACTIVE 47 7/21/1998 /30/2014 CHIC LLC VILLAGE PUB 3310 66 S PALM CANYON DR PALM SPRINGS, CA 92262-6312 18 https://www.abe.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 3 of 14 uuuu�J��Census Tract: 0446.06 I II 13) 347021 ACTIVE D 12/10/1998 11/30/2014 EAST EL PASEO KAISER 78100 MAIN 331D 111 INC GRILLE PALM ST, STE 203 05 S PALM SPRINGS LA QUINTA, CANYON DR CA 92253- PALM SPRINGS, 8962 CA 92262 Census Tract: D446.06 14) 361608 ACTIVE 47 /17/2000 /31/2015 SPENCER FOOD SPENCERS 701 W. 3310 SERVICES INC BARISTO RD 701 W BARISTO PALM RD SPRINGS, CA PALM SPRINGS, 92262 CA 92262 Census Tract: 0446.06 15) 366976 ACTIVE 47 8/30/2000 8/31/2014 FISHERMANS FISHERMANS 71620 SAN 3310 MARKET& GRILL MARKET& JACINTO DR INC GRILL RANCHO 33-35 S INDIAN MIRAGE, CA CANYON DR 92270 PALM SPRINGS, CA 92262 Census Tract: 0446.06 16) 368596 ACTIVE 47 8/10/2000 /30/2014 CONSTANT, POMME FRITE PO BOX 2367 3310 JEAN CLAUDE A PALM 56 S PALM SPRINGS, CA CANYON DR 92263 PALM SPRINGS, CA 92262 Census Tract: 0446.06 17) 370181 ACTIVE 47 6/5/2001 5/31/2015 KATZENBACH, PALM 78100 MAIN 3310 GEORGE SPRINGS ST, STE 203 RICHARD JR CHOP HOUSE LA QUINTA, 62 S PALM CA 92253- CANYON DR 8962 PALM SPRINGS, CA 92262 Census Tract: 0446.06 18) 370516 ACTIVE 41 11/13/2000 10/31/2014 RUBYS PALM RUBYS DINER 557 WALD 3310 SPRINGS LTD IRVINE, CA 155 S PALM 92618-4627 CANYON DR A6 PALM SPRINGS, CA 92262-8305 Census Tract: 0446.06 19) 371470 CTIVE 41 3/1/2001 /28/2015 RESTAURANTS RESTAURANT T45 E TZ 3310 19 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 4 of 14 LLC CANYON 1202 N PALM WAY#4-499 CANYON DR PALM PALM SPRINGS, SPRINGS, CA CA 92262 92262 Census Tract: 0446.06 0) 380786 ACTIVE 47 /28/2002 1/31/2015 KALURA KALURA 3310 TRATTORIA INC 124 S PALM CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 1) 380945 ACTIVE 41 10/30/20019/30/2014 LEE, FAI CHINA KING 3310 95 N INDIAN CHINESE CANYON DR RESTAURANT PALM SPRINGS, CA 92262 Census Tract: 0446.06 2) 391300 ACTIVE 47 11/13/2002 10/3112014 KOR HOTELS LLC VICEROY 1729 ABBOT 3310 15 S BELARDO PALM KINNEY RD SPRINGS BLVD PALM SPRINGS, VENICE, CA A 92262 90291 Census Tract: 46.06 3) 401618 ACTIVE 41 7/28/2003 /30/2014 RICKETTS INC RICKS 3310 1973N PALM RESTAURANT CANYON DR PALM SPRINGS, CA 92262-2919 Census Tract: 0446.06 4) 403G43 ACTIVE 41 9/24/2003 /31/2014 KS USA INC WASABI 3310 333 S INDIAN CANYON DR, STES K& L PALM SPRINGS, CA 92262 Census Tract: 0446.06 5) 403554 ACTIVE 47 9/11/2003 /30/2015 PSLCT INC LAS 3310 22 S PALM CASUELAS CANYON DR TERRAZA PALM SPRINGS, CA 92262-6312 Census Tract: 0446.06 6) 04218 CTIVE 47 10/24/2003 9/30/2014 SIB NNPEY ALMC IF MARBSRGER �3310 20 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 5 of 14 ANYON DR PALM SPRINGS, A 92262 ensus Tract: U[ju 46.06 7) 411603 SUREND 41 5/20/2004 /30/2014 REED, MINDY ZIN 3310 SUE 198 & 194 S PALM CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 8) 418898 ACTIVE 47 11/22/2004 10/31/2014 COPLEYS COPLEYS ON 3310 RESTAURANT PALM CANYON GROUPING 21 N PALM CANYON DR PALM SPRINGS, CA 92262 HI I Census Tract: 10446.06 Ll 9) 420458 SUREN 47 /24/2005 /28/2015 CALIFORNIA CALIFORNIA 12181 BLUFF 3310 PIZZA KITCHEN PIZZA CREEK DR, INC KITCHEN 5TH FL C/O 123 N PALM LICENSING CANYON DR, STE PLAYA 117 VISTA, CA PALM SPRINGS, 90094 CA 92262 L"L Census Tract: 0446.06 30) 423659 ACTIVE 47 7/18/2005 /30/2014 MATCHBOX MATCHBOX 3310 PALM SPRINGS AMERICAN LLC PIZZA BISTRO 155 S PALM CANYON DR, # B21-25 PALM SPRINGS, CA 92262 Census Tract: LH"" �0446.06 31) 42406 ACTIVE 51 111/1994 /30/2014 ODONNELL GOLF O DONNELL 3310 CLUB THE GOLF CLUB 301 N BELARDO RD PALM SPRINGS, CA 92262 Census Tract: 0446.06 177777 DESERT VISTAS ZUL3310INC GEORGIES369 N PALM LIBI CANYON DR 21 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 6 of 14 PALM SPRINGS, CA 92262 Census Tract: 0446.06 33) 433298 ACTIVE 47 12/15/2005 11/30/2014 MARIPOSA PALM MARACAS 3310 ANYONINC 155 S PALM CANYON DR, STE B1 PALM SPRINGS, A 92262-8301 Census Tract: 0446.06 Ll 34) 442775 ACTIVE 42 12/1/2006 11/30/2014 SHRIJI FAME 3310 ENTERPRISES TOBACCONIST INC 155 S PALM CANYON DR, STE 3 PALM SPRINGS, CA 92262-8305 HHH Census Tract: 0446.06 35) 444715 ACTIVE 47 /16/2007 1/31/2015 ALDENTE ALDENTE 3310 TRATTORIA LLC TRATTORIA 91 N PALM CANYON DR PALM SPRINGS, A 92262-5602 Census Tract: 446.06 6) 44770 ACTIVE 47 12/10/2007 11/30/2014 RICCIOS STEAK RICCIOS 3310 AND SEAFOOD STEAKAND LLC SEAFOOD 95 N PALM CANYON DR PALM SPRINGS, CA 92262-5602 Census Tract: 0446.06 37) 448145 ACTIVE 47 1/2/2007 11/30/2014 PRINCE LLC PINOCCHIO IN PO BOX 4448 3310 134 E TAHQUITZ THE DESERT PALM CANYON WAY SPRINGS, CA PALM SPRINGS, 92263-4448 CA 92262-6431 Census Tract: 0446.06 38) 456376 ACTIVE 47 8/23/2007 7/31/2014 BLOCH & MALM JAKES READY 3310 INC TO EAT 64 N PALM CANYON DR PALM SPRINGS, CA 92262-5523 22 https://www.abe.ca.gov/datporUAHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 7 of 14 Census 0446.06Tract: I II II 39) 458237 SUREN 47 /12/2007 /30/2015 BLANCO, JOSE JJ DEES 21875 3310 340 N PALM LANDING WOODWARD CANYON DR SPORTSBAR ST PALM SPRINGS, & GRILL PERRIS, CA CA 92262-5642 92570 Census Tract: 0446.06 0) 60228 ACTIVE 67 11/29/2007 12/31/2014 MILLER, KEVIN ORBIT IN 310 DOUGLAS 562 W ARENAS RD PALM SPRINGS, CA 92262-6348 Census Tract: 0446.06 --]1 [j 1) 462066 ACTIVE 47 1/7/2008 12/31/2014 LGS PRIME LGS PRIME 3310 STEAKHOUSE STEAKHOUSE PALM SPRINGS LLC 55 S PALM CANYON DR, BLDG B PALM SPRINGS, H H CA 92262-6369 Census Tract: 0446.06 2) 465633 ACTIVE 47 /912008 7/31/2014 CHEEKYS INC CHEEKYS 7 22 N PALM CANYON DR PALM SPRINGS, CA 92262-5523 Census Tract: 0446.06 3) 468741 ACTIVE 41 9l9/2008 8/31/2014 AKKARAPORN, PEPPERS THAT 3310 BURACHATR CUISINE 394-396 N PALM CANYON DR PALM SPRINGS, CA 92262-5642 Census Tract: 0446.06 4) 468770 ACTIVE 41 9/2/2008 8/31/2014 ARGYROS, JOHNS 3310 MICHAELJOHN RESTAURANT 900 N PALM OF PALM CANYON DR SPRINGS PALM SPRINGS, CA 92262-4422 Census Tract: 0446.06 NEWYO5) 68895 CTIVE 47 10/23/2D08 9/30/2014 ND I.PVZ PALM DEZL VERRK 3310 Y F 23 https://www.abc.ca.gov/datporUAHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 8 of 14 [JU ANYON DR PALM PALM SPRINGS, SPRINGS CA 92262-5510 ensus Tract: 46.06 6) 469863 ACTIVE 41 9/22/2008 8/31/2014 GOTTLIEB, MUSE CAFE 120 VIA 3310 EHEZKEL THE SANTO VRAHAM TOMAS 101 MUSEUM DR RANCHO PALM SPRINGS, MIRAGE, CA CA 92262-5659 92270-5815 Census Tract: 0446.06 11 7) 73999 ACTIVE 41 /24/2009 1/31/2015 JUNGJAROEN, CHADA THAI 3310 CHAWADEE CUISINE 1418-1420 N PALM CANYON DR PALM SPRINGS, CA 92262-4408 Census Tract: 0446.06 8) 76053 ACTIVE 47 3l2/2009 12/31/2014 COSTAGLIOLA, JOHNNY 3310 JOHN COSTAS 40 S PALM RISTORANTE CANYON DR PALM SPRINGS, CA 92262 Census Tract: 0446.06 9) 478870 ACTIVE 47 /29/2009 12/31/2014 CAFE MED INC ZINI CAFE 3310 140& 142 S PALM MED CANYON DR PALM SPRINGS, CA 92262-6330 Census Tract: 0446.06 50) 479972 ACTIVE 47 8/6/2009 7/31/2014 T & R DESERT DELHI PALACE 3310 FOOD INC 1422-24 N PALM CANYON DR PALM SPRINGS, CA 92262-5510 Census Tract: 0446.06 51) 480316 ACTIVE 47 9/14/2009 8/31/2014 VANMARC INC TRIO 3310 707N PALM RESTAURANT CANYON DR PALM SPRINGS, CA 92262-5507 Census Tract: 0446.06 52) 80422 CTIVE 41 8/17/2009 7/31/2014 SERRATI, LOLIVO ��3310 24 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 9 of 14 RUGGERO ITALIAN 333 N PALM BISTRO CANYON DR, STE 104E &105 PALM SPRINGS, A 92262-5658 Census Tract: 0446.06 53) 486008 ACTIVE 48 6/2/2010 5/31/2015 DESERT FOX DESERT FOX 3310 22412 PRODUCTIONS PM 224 N PALM CANYON DR PALM SPRINGS, CA 92262-5510 Census Tract: 0446.06 54) 86169 ACTIVE 41 3/26/2010 /28/2015 TRACY, WILLIAM BILLS PIZZA 687 W 3310 GREGORY CANYON DR 119 S INDIAN PRESCOTT, CANYON DR AZ 86303- PALM SPRINGS, 5210 CA 92262-6603 Census Tract: 0446.06 55) 50199 ACTIVE 47 10/19/2010 9/30/2014 DICKIE ONEALS DICKIE 3310 1:46:29 IRISH PUB INC ONEALS IRISH PM 2155 N PALM PUB CANYON DR PALM SPRINGS, CA 92262-2831 Census Tract: 0446.06 56) 503732 SUREND 47 10/27/2010 9/30/2014 PALM CANYON BLUE PEAR 609 W 3310 11:13:54 INVESTMENTS, TEXX MEXX STRATFORD AM LLC THE PLACE, #4C 249 N PALM CHICAGO, IL CANYON DR, STE 60657 PALM SPRINGS, CA 92262-2870 L46.06 nsus Tract:HL 1[ 57) 506231 ACTIVE 41 1/12/2011 12/31/2014 CHAVEZ DE KIMY SUSHI 3310 3:42:06 RREOLA, ROSA PM ELISA 330 N PALM CANYON DR PALM SPRINGS, CA 92262-5642 Census Tract: 0446.06 58)77[7 1:39:51 /28/2015 I CHAEL CAFE EUROPA NCEN ESERT PALMS DR 3310 25 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 10 of 14 515 N PALM PALM CANYON DR SPRINGS, CA PALM SPRINGS, 92262-6519 CA 92262-5543 Census Tract: 0446.06 9) 507246 ACTIVE 41 /14/2011 5/31/2015 A B ENVISION HAPPY SUSHI 3310 8:54:48 INC ROBATA M 155 S PALM CANYON DR, STE B7 PALM SPRINGS, CA 92262-8302 Census Tract: 0446.06 0) 508114 ACTIVE 47 3/24/2011 /28/2015 P& K LULU 71800 3310 9:52:50 INVESTMENT CO CALIFORNIA HIGHWAY AM LLC BISTRO 111, BLDG A 00-210 S PALM SPC 167 CANYON DR RANCHO PALM SPRINGS, MIRAGE, CA CA 92262-6312 92270-4492 Census Tract: 0446.06 1) 509354 ACTIVE 47 5/5/2011 /30/2015 BBQ SELLARS COWBOY WAY 3310 929:34 LLC BBQ THE AM 2000 N PALM CANYON DR PALM SPRINGS, CA 92262-2922 Census Tract: 0446.06 2) 51136 ACTIVE 52 /29/1953 /30/2014 AMERICAN 3310 LEGION OWEN COFFMAN POST 519 00 N BELARDO RD PALM SPRINGS, CA 92262 ""H Census Tract: 46. 3) 514551 ACTIVE 47 12/19/2011 11/30/2014 REED, MINDY ZIN AMERICAN 3310 :46:20 SUE BISTRO PM 198 S PALM CANYON DR PALM SPRINGS, A 92262-6356 Census Tract: 0446.06 4) 77M 8/24/2012 7/31/2014 ORKSHOP ORKSHOP 3310 2:32:15 KITCHEN & BAR KITCHEN & PM LLC BAR 00 N PALM 26 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 11 of 14 CANYON DR, STE PALM SPRINGS, CA 92262-4441 Census Tract: 0446.06 5) 518338 ACTIVE 47 /19/2012 /28/2015 TRUFFLE PIG, JIAO 22 N PALM 3310 21:57 LLC CANYON DR PM 515 N PALM PALM CANYON DR, STE SPRINGS, CA B-10 92262-5523 PALM SPRINGS, CA 92262-5505 Census Tract: 0446.06 IL 6) 519561 ACTIVE 41 8/8/2012 7/31/2014 HAVE A SEAT UATELIER 3310 03:10 CAFE, LLC PM 129 LA PLAZA PALM SPRINGS, CA 92262-6382 Census Tract: 446.06 7) 520698 ACTIVE 47 6/22/2012 5/31/2014 WOODLIFF WOODYS 473 BURTON 3310 10:22:47 ENTERPRISES BURGERS WAY M LLC AND BEER PALM 317 N INDIAN SPRINGS, CA CANYON DR 92262-6554 PALM SPRINGS, CA 92262-6015 Census Tract: 0446.06 8) 524422 ACTIVE 47 /28/2012 /31/2014 PB CRAZY 35 MITCHELL 707:41 CONSTRUCTION COCONUT BLVD, STE 14 PM SERVICES, LLC SAN RAFAEL, 166 N PALM CA 94903- CANYON DR 2012 PALM SPRINGS, CA 92262-5504 Census Tract: 0446.06 9) 525611 ACTIVE 47 10/19/2012 9/30/2014 CASA DE FRIDA, CASA DE 140 N 3310 3:42:22 LLC FRIDA LURING DR, PM 450 S PALM STE E CANYON DR PALM PALM SPRINGS, SPRINGS, CA CA 92262-7304 92262-6841 Census Tract: 0446.06 70) 525768 ACTIVE 70 1/23/2013 12/31/2014 G&W LEE ANDREAS 3310 01:45 INVESTMENT HOTEL& SPA PM CORP. 27 N INDIAN CANYON DR PALM SPRINGS, 27 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 12 of 14 CA 92262-6424 Census Tract: HLH 0446.06 1) 527641 ACTIVE 47 1/11/2013 12/3112014 KEY TO FUN 39930 3310 1:14:03 MANAGEMENT MCCALLUM PM LLC NAY 340N PALM CATHEDRAL CANYON DR CITY, CA PALM SPRINGS, 92234-2524 CA 92262-5642 Census Tract: 0446.06 72) 528878 ACTIVE 47 /5/2013 5/31/2015 PSB HYATT 5 3310 10:37:49 MANAGEMENT, REGENCY CONCOURSE M LLC SUITES PALM PKWY NE, 85 N PALM SPRINGS STE 2828 CANYON DR ATLANTA, GA PALM SPRINGS, 30328 CA 92262-5525 Census Tract: 0446.06 73) 529917 ACTIVE 47 /23/2013 3/31/2015 303 WEST PS, OSCARS 3310 1:13:37 LLC PM 125 E TAHQUITZ CANYON WAY, STE 108 PALM SPRINGS, A 92262-6457 Census Tract: 0446.06 4) 530097 ACTIVE 41 /2/2013 3/31/2015 OLIVA, GABRIELA FARM 185 S INDIAN 3310 02:39 CECILIA CANYON DR PM 6 LA PLAZA PALM PALM SPRINGS, SPRINGS, CA CA 92262-6389 92262-6600 Census Tract: 0446.06 5) 531128 ACTIVE 41 8/26/2013 7/31/2014 GELT HOLDINGS PIZZA HUT 220 PORTER 3310 11:28:17 INC DR, STE 100 M 1501 N PALM SAN RAMON, CANYON DR CA 94583- PALM SPRINGS, 9206 CA 92262 Census Tract: 0446.06 76) 531767 ACTIVE 70 1/16/2014 12/31/2014 ALCAZAR PALM ALCAZAR 622 N PALM 3310 2:19:26 SPRINGS, LLC HOTEL CANYON DR PM 622 N PALM PALM CANYON DR, STE SPRINGS, CA 1 92262-5523 PALM SPRINGS, CA 92262-5523 Census Tract: 28 https://www.abe.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System - Data Portal Page 13 of 14 UL—�L_�I it 1 10446.06 77) 533412 ACTIVE 47 /23/2013 11/30/2014 PALM FALLS WATER FALLS 3310 3:44:55 HOUSE INC. PM 155 S PALM CANYON DR, # 21-27 PALM SPRINGS, CA 92262-8303 Census Tract: L"""""0446.06 78) 533971 ACTIVE 41 7/31/2013 /30/2014 HENNECKE, NISA THAI HOUSE 3310 1:1151 246 S PALM RESTAURANT PM CANYON DR PALM SPRINGS, CA 92262-6312 Census Tract: 0446.06 79) 534239 ACTIVE 47 5/6/2014 7/31/2014 RAMLA USA INC. OTO OTO 640 3310 1:27:00 105 & 109 S PALM RESTAURANT HAMPTON PM CANYON DR RD PALM SPRINGS, ARCADIA, CA A 92262-6303 91006-2101 Census Tract: 11 46.06 80) 536408 ACTIVE 48 11/25/2013 10/31/2014 LEGENDS OF LEGENDS OF 3310 2:01:30 PALM SPRINGS PALM PM LLC SPRINGS 125 E TAHQUITZ CANYON WAY, STE 102 PALM SPRINGS, HHH CA 92262-6457 Census Tract: 0446.06 1) 536829 ACTIVE 47 1/29/2014 12/31/2014 STARDUST TONGA HUT 42520 3310 51:21 PLACE, LLC PALM STARDUST PM 254 N PALM SPRINGS PLACE CANYON DR BERMUDA PALM SPRINGS, DUNES, CA CA 92262-5510 92203 Census Tract: 0446.06 2) 537268 ACTIVE 47 3/11/2014 /28/2015 GARCIA-LOPEZ, THREESIXTY 331D 1:18:25 JONATHAN NORTH BAR PM 360-364 N PALM AND GRILL CANYON DR PALM SPRINGS, CA 92262-5642 Census Tract: 0446.06 83) 537542 [7[7 3/10/2014 /28/2015 MODERNWORKS, RAVE 310 9.24:20 LLC M 301 N PALM CANYON DR, STE 29 https://www.abe.ca.gov/datport/AHCountyRep.asp 6/23/2014 California ABC - License Query System- Data Portal Page 14 of 14 00 PALM SPRINGS, CA 92262-5672 Census Tract: U[j 0446.06 84) 538994 ACTIVE 41 1/3/2014 12/31/2014 FOX EVENT DELICATESSE 5015 W 3310 2:06:03 CENTER INC OLYMPIC PM 117 LA PLAZA AVE PALM SPRINGS, BANNING, CA CA 92262-6382 92220 Census Tract: 0446.06 85) 539374 ACTIVE 41 1/9/2014 /28/2015 MARAS, GREEK 3310 10,22:56 DIMITRIOS ISLAND AM 139 E ANDREAS RESTAURANT RD PALM SPRINGS, CA 92262-5501 Census Tract: 0446.06 86) 540305 ACTIVE 47 4/1/2014 3/31/2015 DOIRON, DANIEL 78 DEGREES 3310 31:22 DARRYL AT THE D PM 2249 N PALM CANYON DR, STE PALM SPRINGS, CA 92262-2870 Census Tract: 0446.06 87) 540694 ACTIVE 47 3/5/2014 /28/2015 RICKS DESERT RICKS 3310 4:14:46 GRILL INC DESERT GRILL PM 1596 N PALM CANYON DR PALM SPRINGS, CA 92262-4410 Census Tract: 0446.06 88) 7487 SUREND 48 1/28/1981 7/31/2014 FURY ZELDAZ 611SPALM 3310 INVESTMENTS DANCECLUB & CANYON DR, INC BEACHCLUB # 16 174 N PALM PALM CANYON DR SPRINGS, CA PALM SPRINGS, 92264-7457 CA 92262 Census Tract: 0446.06 - - -End of Report- - - For a definition of codes, view our glossary. 30 https://www.abc.ca.gov/datport/AHCountyRep.asp 6/23/2014 Census Tract 446.06 Palm Springs � x 45 R.. MY •°i+a+�r �= s i............... °. • • • ' * ice OWN -: ! 111 �`O• IRM 31 pp ALMg Z Q V N aIM PLANNING COMMISSION STAFF REPORT DATE: June 11, 2014 SUBJECT: LOLA COFFE LLC — ERNEST COFFEE FOR A CONDITIONAL USE PERMIT TO ALLOW A 1,966-SQUARE FOOT COCKTAIL LOUNGE LOCATED AT 1101 NORTH PALM CANYON DRIVE, ZONE C-1 (CASE 5.0687 CUP) (GM) FROM: Department of Planning Services SUMMARY The Planning Commission to review a Conditional Use Permit request for a new 1,966- square foot cocktail lounge consisting of Ernest Coffee and Bootlegger Tiki Bar with 16 outdoor seats and 23 indoor seats located within a mixed-use building. RECOMMENDATION: Approve with conditions. ISSUES: • Proposed location is currently vacant. • No net increase in parking required. BACKGROUND: r - _N.7• fir' _ `-*'��..'?�,i% '',= 8/7/2012 AAC reviewed building repaint and rehabilitation of building 2/12/2013 Staff approves parking lot re-surfacing 2/10/2014 AAC reviews outdoor patio design and recommends approval !;" 2/14/2013 Zaleka Partnershi LP 5/31/2014 Public hearing notice sent to all property owners within 500 feet. 32 Planning Commission Staff Report June 11, 2014 Case 5.0687 CUP—Ernest Coffee/Tiki Bar Page 2 of 5 t .gym. May 2014 Staff has visited the site to observe existing conditions Site Area Net Building Area 38 residential apartments; 12,269-s uare feet retail (approximately) Proposed Site I 1,966-s uare feet — Ernest Coffee and Tiki Bar Subject Property Office Retail /Apartments C-1 North Office Retail C-1 South Neighborhood Retail C-1 Community Commercial East Office Retail C-1 West Office Multi-Family R-2 Residential BACKGROUND AND SETTING: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a new coffee shop and cocktail lounge called "Ernest Coffee and Bootlegger Tiki Bar" in a vacant 1,966-square foot space located in a mixed-use retail / apartment complex. The existing space is on the corner of North Palm Canyon Drive and Via Lola. The proposed total number of seats to be 23-indoor and 16-outdoor located in a patio area on the south side of the building. Hours of operation for Ernest Coffee to be from 6:00 AM to 6:00 PM; and for Bootlegger Tiki from 4:00 PM to 2:00 AM seven days a week with entertainment to be limited to a DJ playing tiki-inspired tracks. The applicant is seeking a Type 48 liquor license serving beer, wine, and distilled spirits. The mixed-use building at the corner of Via Lola and North Palm Canyon Drive was built in 1952 consisting of first floor retail shops with apartments above and to the west. The location of the proposed coffee shop and cocktail lounge was once occupied by Don the Beachcomber restaurant and tiki bar. The parking calculation for the proposed use is pursuant to Section 93.06.00(D)(19) for a mixed-use development over 20,000-square feet which states: "Additional parking need not be provided for restaurants; provided that, no more than 25% of the total floor area of the whole complex is devoted to restaurant use." The proposed coffee shop and bar will be the only restaurant use in the complex. Off-street parking for the retail uses and apartments is provided on an adjacent parking lot consisting of 53 spaces. Staff has determined that based upon the above analysis, the new coffee shop and cocktail lounge will not require additional scrutiny of parking standards. 33 Planning Commission Staff Report June 11, 2014 Case 5.0687 CUP— Ernest Coffee/Tiki Bar Page 3 of 5 ANALYSIS General Plan: The General Plan designation of the subject site is Office. This designation allows for "executive and medical offices and retail uses directly related to office operations such as restaurants". The subject property is an existing mixed-use complex containing retail businesses and apartments. The addition of a coffee shop and cocktail lounge with a Type 48 liquor license will advance the goals of the General Plan and provide a service to the office workers and visitors of the Uptown Design District. Therefore, the proposed use is consistent with the General Plan. Zoning: The subject property is General Commercial (C-1). Pursuant to Section 92.09.01(D)(5) of the Palm Springs Zoning Code (PSZC), a cocktail lounge is permitted with the approval of a Conditional Use Permit. Parking: Pursuant to Section 93.06.00(D)(19) of the PSZC, no additional parking is required due to parking standards set forth for a restaurant within a mixed-use development over 20,000-square feet. 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. 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. 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 92.13.01(D)(2) of the Palm Springs Zoning Code permits a cocktail lounge in the C-1 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 needed service retail, entertainment and gathering space within the Uptown Design District. The proposed use is desirable for the development of the community as it adds to the daytime and nighttime activities available in the 34 Planning Commission Staff Report June 11, 2014 Case 5.0687 CUP— Ernest Coffee/Tiki Bar Page 4 of 5 vicinity of Uptown. A coffee shop and cocktail lounge at the proposed location is not anticipated to be detrimental to existing uses or future uses specifically permitted in the C-1 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 building at 140 Via Lola is a mixed-use development with street front retail shops and apartments on the second floor and to the west. The proposed coffee shop and cocktail lounge will occupy approximately 1,966-square feet within the existing building. 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 will occupy a vacant storefront within the Uptown Design District advancing the goal of providing varied shopping and entertainment outlets for nearby office workers and residents. The addition of a coffee shop and cocktail lounge will increase street activity with day and evening business hours. The renovation of the space will not be detrimental to existing and future permitted uses of land in the neighborhood. 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 1,966-square foot coffee shop and cocktail lounge 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. 35 Planning Commission Staff Report June 11, 2014 Case 5.0687 CUP— Ernest Coffee/Tiki Bar Page 5 of 5 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 mailed to all property owners within a 500-foot radius of the subject property. As of the writing of this report, staff has not received any public correspondence. Glenn Mlaker, AICP M. M rgo Wheeler, FAICP Assistant Planner Director of Planning Services ATTACHMENTS 1. Vicinity Map 2. Draft Resolution with Conditions of Approval 3, Justification Letters 4. Interior Layout 5. Exterior Elevations 36 w otpP�M sP*w9 N Department of Planning Services W E Vicinity Map Cgl�s00.N�P 5 VIA LAS PALMAS C1 PD R2 R1A R1A VEREDA DEL SUR PD C1 R1A R1A o U w R2 Ct C MINO DEL SUR o Z z o f U I p z z R1A O `gOL TACHEVAH AVE ¢ TA EVAH DR V 7 —11 LA a a z S P z R1 A R2 C1 C1j R3 Legend R1B Q 500 Ft ® Site R1A R2 Ct Zoning Parcels EL ALAMEDA ELFTr—FTB71 CITY OF PALM SPRINGS CASE NO: 5.0687 CUP DESCRIPTION: A Conditional Use Permit to allow a 1,634-square foot cocktail lounge located at 1101 APPLICANT: Lola Coffee LLC, North Palm Canyon Drive, Zone C-1, Section 10. dba Ernest Coffee 37 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0687, A CONDITIONAL USE PERMIT (CUP) TO ALLOW A COCKTAIL LOUNGE AT 1101 NORTH PALM CANYON DRIVE. WHEREAS, Lola Coffee 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 cocktail lounge use in a 1,966-square foot suite within the mixed-use building known as 140 Via Lola located at 1101 North Palm Canyon Drive, Zone C-1, Section 10, APN: 505-242-013; and WHEREAS, a cocktail lounge may be permitted in the C-1 (General Commercial) Zone in the Uptown Design District with the approval of a Conditional Use Permit; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm n with applicable Springs to consider Case No. 5.0687 — CUP was given in accordance t 9 PP law; and WHEREAS, on June 11, 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 92.13.01(D)(2) of the Palm Springs Zoning Code permits a cocktail lounge in the C-1 zone when approved under a Conditional Use Permit. 38 Planning Commission Resolution No. June 11, 2014 Case 5.0687 CUP— Ernest Coffee and Bootlegger Tiki Bar Page 2 of 3 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 needed service retail, entertainment and gathering space within the Uptown Design District. The proposed use is desirable for the development of the community as it adds to the daytime and nighttime activities available in the vicinity of Uptown. A coffee shop and cocktail lounge at the proposed location is not anticipated to be detrimental to existing uses or future uses specifically permitted in the C-1 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 building at 140 Via Lola is a mixed-use development with street front retail shops and apartments on the second floor and to the west. The proposed coffee shop and cocktail lounge will occupy approximately 1,966-square feet within the existing building. 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 will occupy a vacant storefront within the Uptown Design District advancing the goal of providing varied shopping and entertainment outlets for nearby office workers and residents. The addition of a coffee shop and cocktail lounge will increase street activity with day and evening business hours. The renovation of the space will not be detrimental to existing and future permitted uses of land in the neighborhood. 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 1,966-square foot coffee shop and cocktail lounge 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 39 Planning Commission Resolution No. June 11, 2014 Case 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar Page 3 of 3 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. 5.0687 — CUP, a Conditional Use Permit to allow a cocktail lounge use located at 1101 North Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 11 rd day of June 2014. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA M. Margo Wheeler, FAICP Director of Planning Services 40 RESOLUTION NO. EXHIBIT A Case 5.0687 CUP Ernest Coffee and Bootlegger Tiki Bar 1101 North Palm Canyon Drive June 11, 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 5.0687 CUP, except as modified the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped June 3, 2013, including site plans, architectural elevations, exterior materials and colors, and landscaping, on file in the Planning Department 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 5.0687 CUP. The City of Palm Springs will promptly 41 Resolution No. Conditions of Approval Page 2 of 4 5.0687 CUP—Ernest Coffee and BootleggerTiki Bar June 11,2014 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 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. 42 Resolution No. Conditions of Approval Page 3 of 4 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar June 11,2014 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 City 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 within 1101 North Palm Canyon Drive. PLN 2. Seating Count The applicant shall be limited to the total number of 39 seats (23 inside and 16 outside) as shown in the approved plan. Any deviation from these numbers shall require prior approval by the Planning Commission. The applicant shall maintain the minimum clearance as specified by the Fire Department between the patio exit and the outdoor tables and chairs. PLN 3. Hours of Operation. The operating hours for Ernest Coffee shall be 6:00 AM to 6:00 PM daily; and for Bootlegger Tiki Bar from 4:00 PM to 2:00 AM daily. Any future modifications to the hours of operation shall require an amendment to this Conditional Use Permit. PLN 4. Entertainment. Entertainment to be limited to a DJ playing tiki-inspired music. Any deviation from the general type of entertainment shall require prior approval by the Planning Commission. PLN 5. 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 6. 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. 43 Resolution No. Conditions of Approval Page 4 of 4 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar June 11,2014 PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. POLICE DEPARTMENT CONDITIONS POL 1. Security Plan. Within thirty (30) days of approval of the Conditional Use Permit, the applicant shall agree, in writing, to comply with a security plan that has been approved by the Chief of Police. The business owner 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. FIRE DEPARTMENT CONDITIONS FID 1. Fire permits required FID 2. Plan review/ approval required for modifications to existing automatic fire sprinklers and fire alarm. FID 3. Occupant load determination by Building Official. FID 4. Fire final inspection required prior to issuance of Certificate of Occupancy by Building Official. BUILDING DEPARTMENT CONDITIONS BLD 1. Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS 44 Planning Commission Minutes June 11, 2014 HUGH KAPTUR, APPLICANT REPRESENTATIVE, spoke about the des' of the house and addressed questions from the Commission. There being no further appearances the public hearing wa sed. VICE-CHAIR HUDSON AND COMMISSIONE BERTS spoke in favor of the design. Discussion occurred on the roofing mat :jk, ACTION: Approve, subje Conditions of Approv 1,(� i tion Chair Donenfeld, seconded by Commi er Lowe and unanimously car j � tj l M roll call vote. AYES: missioner Calerdine, Commission ([(�ElAtchko, nissioner Roberts, C ssioner Weremiuk, Vice Chair Hudson, C Donenfeld, Co"I sinner Lowe ,r. [' ' ; i 2D. LOLA COFFEE, LLC, FOR A CONDIT�k� L Ue IERMIT TO AL1W A 1,966- SQUARE FOOT COCKTAIL LOUNGE � AT 1101 NORTH PALM CANYON DRIVE, ZONE C-1 ��r ASE 5.0687 M) 4111pn i in the' ' ussion and vote and left the Commissioner Roberts would not b t 'Council Chamber. i' �1I�u � !Ifi, ASSOCIATE PLANN � L Ares €f1e pro hid project as outlined in the staff report. ( 1€ CHAIR DO ened blic he JAIME K �{ , PLIC provided t�l on the proposed project. They� �ng no furth� pea es the public hearing was closed. COM ONER WE RN UK rekested standard language relating to outdoor noise be adde �t e condition IShe thinks this is a great use for this area. ACTION: Apple su to Conditions of Approval. MOTION: Commiswer Calerdine, seconded by Commissioner Weremiuk and carried 6-0-1 on a roll call vote. AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Vice-Chair Hudson and Chair Donenfeld ABSTAIN: Commissioner Roberts Commissioner Roberts re-entered the Council Chamber at 2:17 pm. 45 4 RESOLUTION NO. 6407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0687, A CONDITIONAL USE PERMIT (CUP) TO ALLOW A COCKTAIL LOUNGE AT 1101 NORTH PALM CANYON DRIVE. WHEREAS, Lola Coffee 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 cocktail lounge use in a 1,966-square foot suite within the mixed-use building known as 140 Via Lola located at 1101 North Palm Canyon Drive, Zone C-1, Section 10, APN: 505-242-013; and WHEREAS, a cocktail lounge may be permitted in the C-1 (General Commercial) Zone in the Uptown Design District with the approval of a Conditional Use Permit; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.0687 — CUP was given in accordance with applicable law; and WHEREAS, on June 11, 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 92.13.01(D)(2) of the Palm Springs Zoning Code permits a cocktail lounge in the C-1 zone when approved under a Conditional Use Permit. 46 Planning Commission Resolution No. 6407 June 11, 2014 Case 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar Page 2 of 3 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 needed service retail, entertainment and gathering space within the Uptown Design District. The proposed use is desirable for the development of the community as it adds to the daytime and nighttime activities available in the vicinity of Uptown. A coffee shop and cocktail lounge at the proposed location is not anticipated to be detrimental to existing uses or future uses specifically permitted in the C-1 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 building at 140 Via Lola is a mixed-use development with street front retail shops and apartments on the second floor and to the west. The proposed coffee shop and cocktail lounge will occupy approximately 1 ,966-square feet within the existing building. 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 gener ated b the proposed use. g Y p p The project will occupy a vacant storefront within the Uptown Design District advancing the goal of providing varied shopping and entertainment outlets for nearby office workers and residents. The addition of a coffee shop and cocktail lounge will increase street activity with day and evening business hours. The renovation of the space will not be detrimental to existing and future permitted uses of land in the neighborhood. 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 1,966-square foot coffee shop and cocktail lounge 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 47 Planning Commission Resolution No. 6407 June 11, 2014 Case 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar Page 3 of 3 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. 5.0687 — CUP, a Conditional Use Permit to allow a cocktail lounge use located at 1101 North Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 11 rd day of June 2014. AYES: 7, Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Weremiuk, Vice-Chair Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: Commissioner Roberts ATTEST: CITY OF PALM SPRINGS CALIFORNIA M. Margo Wheeler, FAICP Director of Planning Services 48 CITY OF PALM SPRINGS RESOLUTION NO. APPROVED BY PLANNING COMMISSION Case# Date 6/Ir iulnitial C °` EXHIBIT A APPROVED BY CrrY COUNCIL Case 5.0687 CUP Case# Date Initial Ernest Coffee and Bootlegger T&N,%n# Ordinance# 1101 North Palm Canyon Drive APPROVAL SUBJECT TO ALL REQUIRED CONDITIONS BY ABOVE BODIES June 11, 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 5.0687 CUP, except as modified the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped June 3, 2013, including site plans, architectural elevations, exterior materials and colors, and landscaping, on file in the Planning Department 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 5.0687 CUP. The City of Palm Springs will promptly 49 Resolution No.6407 Conditions of Approval Page 2 of 5 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar June 11,2014 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 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. 50 Resolution No.6407 Conditions of Approval Page 3 of 5 5.0687 CUP—Ernest Coffee and Bootlegger Tiki Bar June 11,2014 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 City 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. This permit does not waive the City's noise ordinance. The applicant must comply with the following decibel limits at the property line: Time of Day Maximum Sound Level (A- weighted) Decibels Noon — 6:00 PM 60 6:00 PM — 12:00 AM 55 ADM 13. The use of outdoor music shall be permitted subject to the following: 1) Amplification of music shall be limited to a level so that noise will be contained within the outdoor dining area. 2) Noise levels shall be maintained to a level where customers can conduct normal conversation. 3) All activities will comply within the provisions of the City's Noise Ordinance. 4) Violations of any of these conditions may result in citation, arrest and or revocation of the land use permit. ADM 14. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. �1 Resolution No.6407 Conditions of Approval Page 4 of 5 5.0687 CUP—Ernest Coffee and Bootlegger Tild Bar June 11,2014 PLANNING DEPARTMENT CONDITIONS PLN 1. Alcohol Sales. The Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits from within 1101 North Palm Canyon Drive. PLN 2. Seating Count The applicant shall be limited to the total number of 39 seats (23 inside and 16 outside) as shown in the approved plan. Any deviation from these numbers shall require prior approval by the Planning Commission. The applicant shall maintain the minimum clearance as specified by the Fire Department between the patio exit and the outdoor tables and chairs. PLN 3. Hours of Operation. The operating hours for Ernest Coffee shall be 6:00 AM to 6:00 PM daily; and for Bootlegger Tiki Bar from 4:00 PM to 2:00 AM daily. Any future modifications to the hours of operation shall require an amendment to this Conditional Use Permit. PLN 4. Entertainment. Entertainment to be limited to a DJ playing tiki-inspired music. Any deviation from the general type of entertainment shall require prior approval by the Planning Commission. PLN 5. 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 6. 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 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. POLICE DEPARTMENT CONDITIONS POL 1. Security Plan. Within thirty (30) days of approval of the Conditional Use Permit, the applicant shall agree, in writing, to comply with a security plan that has been approved by the Chief of Police. The business owner 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. 52 Resolution No.6407 Conditions of Approval Page 5 of 5 5.0667 CUP—Ernest Coffee and Bootlegger Tiki Bar June 11,2014 FIRE DEPARTMENT CONDITIONS FID 1. Fire permits required FID 2. Plan review/ approval required for modifications to existing automatic fire sprinklers and fire alarm. FID 3. Occupant load determination by Building Official. FID 4. Fire final inspection required prior to issuance of Certificate of Occupancy by Building Official. BUILDING DEPARTMENT CONDITIONS BLD 1 . Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS 53