HomeMy WebLinkAbout9/18/2013 - STAFF REPORTS - 5.A. OleCITY COUNCIL STAFF REPORT
DATE: September 18, 2013 NEW BUSINESS
SUBJECT: REQUEST BY COPA ROOM INCORPORATED FOR A RESOLUTION
OF PUBLIC CONVIENENCE OR NECESSITY (PCN) FOR ON SALE —
PUBLIC PREMISES LIQUOR LICENSE (TYPE 48 ALCOHOLIC
BEVERAGE CONTROL LICENSE) AT THE COPA ROOM NIGHTCLUB
AT 244 EAST AMADO ROAD
CASE: 5.1289 — PCN
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The applicant, Copa Room Incorporated, is requesting the City Council adopt a
Resolution of Public Convenience or Necessity (PCN) for on sale — public premises
liquor license (Alcoholic Beverage Control Type 48 license) at the Copa Room located
at 244 East Amado Road.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL
ON SALE — PUBLIC PREMISES LIQUOR LICENSE (TYPE 48 STATE ALCOHOLIC
BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 244 EAST
AMADO ROAD."
PRIOR ACTIONS:
On January 9, 2013, the Planning Commission approved a Conditional Use Permit
(CUP) to allow a cocktail lounge and nightclub named the Copa Room located at 244
East Amado Road.
ITEM NO. ►�
City Council Staff Report
September 18 2013— Page 2
P 9
Case No. 5.1289 PCN—The Copa Room
BACKGROUND:
The Copa Room Incorporated received approval from the Planning Commission for a
Conditional Use Permit (CUP) to operate a new cocktail lounge and nightclub in a
vacant 6,000-square foot building located at 244 East Amado Road adjacent to the
existing Tropicale Restaurant. The building was constructed in 1960 and original
building permits described the building materials as masonry and concrete. Past
tenants of the building have included several retail stores and art galleries.
The subject property is approximately 16,514-square feet in size with parking lot access
from East Amado Road. The applicant intends to operate the business as an upscale
nightclub with full liquor license providing a venue for live music, DJ's and dancing.
Hours of operation will be from 6:00 PM to 2:00 AM daily.
The property is located within the Section 14 Specific Plan Area with a land use
designation of Resort-Entertainment-Office (REO). The proposed cocktail lounge and
nightclub will be consistent with permitted uses within the REO designation. The
proposed business is located near the Spa Resort Casino and will be compatible with
adjacent entertainment activities.
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 Section 14 - Census Tract #9414, which is
bounded by East Alejo Road to the north, Sunrise Way to the east, East Ramon Road
to the south and North Indian Canyon Drive to the west (see attached census map).
This tract currently has thirty-six (36) active on sale liquor licenses. Two licenses are
authorized for the tract based on its population. The ABC will only issue the proposed
02
City Council Staff Report
September 18, 2013— Page 3
Case No. 5.1289 PCN—The Copa Room
liquor license if the Council determines that the public convenience or necessity would
be served.
The new Copa Room is located within the Section 14 Specific Plan Area; the land use
designation is Resort-Entertainment-Office (REO). The Section 14 Specific Plan Land
Use Element states,
"Land use regulations and development standards for development within
Section 14 constitute a base plan regulating the type and character of
development on individual parcels."
The proposed cocktail lounge and nightclub is an entertainment service business which
is a permitted use within the Resort-Entertainment-Office land use designation subject
to a Conditional Use Permit previously granted by the Planning Commission on January
9, 2013.
The site is located east of the Central Business District across the street from the Spa
Casino in a developing entertainment area. According to the California Department of
Alochol Beverage Control, the list of business in this census tract offering alcohol sales
includes a convenience store, multiple restaurants, hotels, nightclubs, a grocery and
drug store, and the Palm Springs Convention Center. A list of liquor licenses within the
tract is attached to this report with the respective license types and current status.
The subject property within the Census tract is zoned Resort-Entertainment-Office
(REO) similar to other uses in the entertainment areas of Section 14. The immediate
area contains hotels, the Spa Casino, restaurants and nightclubs. Staff believes that
the additional liquor license will not be inconsistent with the desired mix of commercial
and entertainment uses in the tract and will serve the public convenience. Furthermore,
the Planning Commission approved a CUP to allow a nightclub at this location on
January 9, 2013.
FISCAL IMPACT:
No Fiscal Impact.
A ,� \, —
M. go Wheeler, AICP
Director of Planning Services
David H. Ready, City er
03
City Council Staff Report
September 18, 2013—Page 4
Case No. 5.1289 PCN—The Copa Room
Attachments:
1. 400' Vicinity Map
2. Draft Resolution
3. Letter of Request from Applicant
4. List of Authorized License Types in the Subject Census Tract
5. Census Tract Map
6. Planning Commission Conditional Use Permit — Resolution #6310 and
Conditions of Approval
04
1 OPPPLAr ap4'F
Department of Planning Services
Vicinity Map
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Parcels
CITY OF PALM SPRINGS
CASE NO: 5.1289 PCN DESCRIPTION: A request for a resolution of Public
Convenience and Necessity for on sale public liquor
APPLICANT: The Copa Room license at at 244, E. Amado Road, Zone REO, Section
14.
05
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, OF PUBLIC
CONVENIENCE OR NECESSITY FOR ON-SALE OF
BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE
ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE
COPA ROOM LOCATED AT 244 EAST AMADO ROAD.
WHEREAS, Copa Room Incorporated ("Applicant') has requested the adoption
of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1289 PCN)
for a Type 48 alcohol license for on sale — public premises liquor license at a new
nightclub located at 244 East Amado Road, APN 508-031-011, Zone R-E-O, Census
Tract 9414; 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 Premises Liquor License); and
WHEREAS, the City Council is being asked to adopt a Resolution of Public
Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and
applicant; 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 City Council finds that an ABC Type 48 liquor license (On-Sale
Premises Liquor License) at 244 East Amado Road, serves the Public Convenience.
ADOPTED THIS 18th DAY OF September, 2013.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
06
Resolution No.
Page 2
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
�M
RECEIVED
August 20,2013 AUG 2 2 202
City of Palm Springs Planning Dept. PLANNING SERVICES
Attn: Glenn Mlaker,AICP DEPARTMENT
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
RE:The Copa Room Incorporated
244 E. Amado Rd.
Palm Springs, CA 92262 MIA"
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 the above referenced premises.
The Copa Room will be a full-service performance lounge serving the surrounding community as
well as valley visitors Sunday thru Saturday. It is a unique venture in Palm Springs. It will serve as a
state-of-the-art nightclub for various local and out of town performers, comedians, singers, and
weekend DJs. The goal is to provide a comfortable and welcoming environment in a stunning, newly
built venue. Located adjacent to The Tropicale restaurant, it will help the area achieve its development
goal and continually improve the character of the neighborhood. The street will come alive and exciting
with a new refurbished building. The club is owned and operated by the owners of the 7-year old
Tropicale restaurant.
We respectfully request 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 us.
Thank you for your assistance.
Sincerely, _
71
Tony Di Lembo Ranz Wienert Rob Kenzi
Owners
THE TROPICALE/COPA ROOM
� ro , �-rltily
S-o i-011- p i j
244 E.Amado Road-Palm 5pljngs,CA92262-tdl92262@aol.com-760-866-1952 08
Department of Alcoholic Beverage Control Slate of California
ARNOLD SCHWARZENEGGER,Governor
INFORMATION AND INSTRUCTIONS -
SECTION 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 I 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 remmed to ABC.
Part 3 is to be completed by the local governing body or its designated subordinate officer or body, and returned to A BC.
PART 7 -TO BE COMPLETED BY ABC
1 APPLICANTS NAME
THE COPA ROOM INCORPORATED
--
2. TREATISES AODRES5(54ea1 number and name.city,rip code) 3 LICENSE TYPE
244 E AMADO RD, PALM SPRINGS, CA 92262 48
4. TYPE OF BUSINESS - I
Full Service Restaurant 1-11-1ofbraulCafeteria x❑CocktalT Lounge llPfiva(e Club
LJ Dell or Specialty Restaurant LJComedy Club x�Night Club EVe(erans Club
Cafe/Coffee Shop' IIBrewPub [-]Tavern: Beer nFraternal Club
Bed&Breakfast: —ITheater I—ITavern: Beer&Wine FWine Tasting Room
Wine only FIAII
]Supermarket (—(Membership Store nService Station nSwap MeeUFlea Market
(Liquor Store Department Store nConvenience Market I—(Drive-In Dairy
IDrugNariety Store FIFloristlGift Shop OConvenience Marketw/Gasoline
nOther-describe
e. COUNTY POPULATION e. TOTAL NUMBER OF LICENSES IN COUNTY T. PATIO OF LICENSES TO POPULATION IN COUNTY
NIA N/A I,..JOn-Sale f (Off-Sale N/A EOn-Sale Off-Sale
S. CENSUS TRACT NUMBER B. NO.OF LICENSES ALLOWED IN CENSUS TRACT 10, N0.OF LICENSES EXISTING IN CENSUS TRACT
[9414. ) [2 ] X On-sale Off-Sale (321 nOn-Sale I__ toff-sale
it IS THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES7ll.e.,does BIe repo of licenses to population In the census bad exceed Uw repo of Ikenses la popaletbn fonhe entire county/)
LIYes,the number of existing licenses exceeds the number allowed
rING,the number of existing licenses is lower than the number allowed
12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS?
IYes(Go to Item#13) (V1 No(Go to Item 020)
13. CRIh1E REPORTING DISTRICT NUMBER 14 TOTAL NUMBER OF REPORTING DISTRICTS T16. TOTAL NUMBER OF OFFENSES WALL REPORTING DISTRICTS
76. AVERAGE NO.OF OFFENSES PER DISTRICT 11 120•b OF AVERAGE NUMBER OF OFFENSES - - 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT
78, IS THE PRElAISES LOCATED IN A HIGH CRIME REPORTING DISTRICT?(,o,has a 20%Breelar number of repenetl crimes than the average number of reported crimaa es delarminad from all aims
reposing d1alrlCla within ere jurisdiction of Me local law enforcement agency)
Yes,the total number of offenses in the reporting district equals or exceeds the total number in item#17
LI No,the total number of offenses in the reporting district is lower than the total number in item#17
20. CHECK THE BOX THAT APPLIES Idtack only one box)
a. if"Aid.is checked In both Item#11 @Dd Item#19,Section 23958.4 B&P does not Spot y to this application,and no additional Informallon will be needed
on this Issue. Advise The applicant to bring this completed form to ABC when fling the application.
b. If"Yky'is checked in either Item#11 ritem#19,and the applicant Is applying for a non-retail license,a retail bona fide public Baling place license,a
retail license Issued for a hotel,motel or other lodging establishment as defined In Section 25503.16(b)S&P,or a retail license issued in conjuctlon with a
beer manufacturers license,or winegrowers license,advise the apy cant to complete Section 2 and bring the completed form to ABC when filing the
application or as soon as possible thereafter.
L7c. If"Yes"is checked in either item#11 or item#19,and the applicant is applying for an off-sale beef and wine license,an off-sale general license,an on-
sale beer license,an on-sale beer and wine(public premises)license,or an on-sale general(public premises)license,advise the applicant to take this
form to the local govoming body,or its designated subordinate officer or body to have them complete Section 3. The completed form will need to be
provided to ABC in order to process the application.
Governing BodylDeslgnated Subordinate Name:
FOR DEPARTMENT USE ONLY
PREPARED BY(Name of Depanmenc Emp'.oyee) y�ty
Donna M. Hogan U a
ABC-245(12103)
California ABC - License Query System - Data Portal Page 1 of 6
California Department of Alcoholic Beverage Control
For the County of RIVERSIDE- (Retail Licenses)
and Census Tract=9414
Report as of 9/3/2013
Primary Owner
License Licens Ori Iss. Ex it Mailing Geo
Numbs Status Type Date Date and Premises Business Name Address ode
Addr.
1) 19249 ACTIVE 20 /1/1974 /30/2014 CIRCLE K CIRCLE K 1169 255 E RINCON 310
STORES INC ST, STE 100
321 E ARENAS CORONA, CA
RD 2879-1368
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
28854 ACTIVE 47 3/31/1989 /30/2014 WALTER FAMILY PALM SPRINGS 3310
PARTNERSHIP L- HILTON RESORT
PSHIP
00 E TAHQUITZ
CANYON WY
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
3) 264427 ACTIVE 48 25/1992 /31/2014 KAMP MOR INC STREETBAR 3310
24 E ARENAS
RD
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
81338 ACTIVE 47 5112/1993 /30/2014 LAS BRISAS LAS BRISAS 3310
HOTEL INC HOTEL
22 S INDIAN
CANYON DR
PALM SPRINGS,
CA 92262
Census Tract:
414,00
282328 ACTIVE 47 /28/1993 12/31/2013 COURTYARD MARRIOTT 610 3310
MANAGEMENT INTERNATIONAL SMITHFIELD
CORPORATION ST, STE 300
1300 E TAHQUITZ PITTSBURGH,
CANYON WAY PA 15222-2512
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
98784 CTIVE 47 3/7/1995 12/31/2013 CRIBAL TIONCALIENTE SPA RESORT
L&L 3310
MINER
10
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California ABC - License Query System - Data Portal Page 2 of 6
100 N INDIAN SPRINGS
CANYON DR
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
16229 ACTIVE 41 /6/1996 /28/2014 HARRIS, SHERMANS DELI 33%
SHERMAN & BAKERY
01-23 E
AHQUITZ
CANYON WY
PALM SPRINGS,
CA 92262
Census Tract:
9414.00
48728 ACTIVE 48 /5/1999 /30/2014 MARK HUNTERS HUNTERS 3310
PALM SPRINGS VIDEO BAR
LTD
302-308 E
ARENAS RD
PALM SPRINGS,
A 92262
ensus Tract:
9414.00
367783 ACTIVE 47 /10/2000 /31/2014 JOHANNESINC JOHANNES 3310
196 S INDIAN
ANYON DR
PALM SPRINGS,
A 92262
ensus Tract:
414.00
10) 403308 ACTIVE 47 10/22/2003 /30/2013 AGUA CALIENTE SPA RESORT 5401 DINAH 3310
TRIBAL CASINO SHORE DR
CORPORATION PALM
01 E AMADO RD SPRINGS, CA
PALM SPRINGS, 2264-5970
A 92262
Census Tract:
414.00
11) 407446 ACTIVE 21 1/6/2004 /30/2014 RALPHS RALPHS 611 PO BOX 54143 3310
ROCERY LOS ANGELES,
OMPANY A 90054-0143
25 S SUNRISE
AY, STE A
PALM SPRINGS,
A 92262
ensus Tract:
414.00
12) 429118 ACTIVE 47 /12/2005 3/31/2014 SAVOURYS SAVOURYS INC 611 S PALM 3310
GOOD EARTH CANYON DR,
CUISINE INC STE 7-442
77 N AVENIDA PALM
CABALLEROS SPRINGS, CA
PALM SPRINGS, 92264-7213
A 92262
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California ABC - License Query System - Data Portal Page 3 of 6
uuUuuu P414.00 Tract: I II II
13) 430206 SUREND 47 10/4/2005 9/30/2013 -IARVCO LLC RAINBOW PO BOX 1751 3310
12 S INDIAN RESTAURANT PALM
ANYON DR SPRINGS, CA
PALM SPRINGS, 92263
A 92262-6618
ensus Tract:
414.00
14) 430590 ACTIVE 48 10/13/2005 9/30/2013 SPURLINE INC SPURLINE 3310
00 S INDIAN
CANYON DR
PALM SPRINGS,
CA 92262
Census Tract:
414,00
15 41186 ACTIVE 48 8/16/2006 /31/2014 CRAZY MELS INC SCORE THE 3310
301 E ARENAS GAME BAR
RD
PALM SPRINGS,
A 92262-6635
Census Tract:
414.00
16) 443613 ACTIVE 41 11/9/2006 10/3112013 APM SHAKEYS 3310
RESTAURANTS RESTAURANT
INC
99 E TAHQUITZ
CANYON WAY
PALM SPRINGS,
CA 92262-6707
Census Tract:
9414.00
17) 445767 ACTIVE 47 5/23/2007 /30/2014 SUNDOWN TROPICALE 3310
ENTERTAINMENT RESTAURANT
GROUP INC THE
330 E AMADO RD
PALM SPRINGS,
CA 92262-6437
Census Tract:
9414.00
18 54327 ACTIVE 47 /5/2007 /30/2013 C & H DESERT O'LEARY PUB& 3310
INVESTMENTS GRILL
LLC
36 S INDIAN
CANYON DR
PALM SPRINGS,
CA 92262-7806
ensus Tract:
2414.00 Ld
19) 455496 SUREND 47 8/17/2007 9/30/2013 MENDOZA,ANA LA CASITA 5715429 3310
AFAELA RESTAURANT PALMS HWY
100& 102 S YUCCA
INDIAN CANYON VALLEY, CA
DR 2284-2030
PALM SPRINGS,
CA 92262-6604
12
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California ABC - License Query System -Data Portal Page 4 of 6
Uuuuuu C ensus 414.00Tract: I II
0) 457420 ACTIVE 47 11/2/2007 10/31/2013 DEVITT, BONGO 3310
RICHARD JOHNNYS PATIO
14 E ARENAS BAR AND GRILL
RD
PALM SPRINGS,
CA 92262-6632
Census Tract:
414.00
1 57793 ACTIVE 47 10/23/2007 3/31/2014 ISTA MIRAGE MARGARITAS 31520 AVE EL 3310
HOMES INC RESTAURANT PUEBLO
1000 E TAHQUITZ CATHEDRAL
CANYON WAY, CITY, CA 92234-
TE B 2797
PALM SPRINGS,
A 92262-6748
Census Tract:
HI 9414.00
2) 458636 ACTIVE 47 /2/2008 3/31/2014 AFE PALETTE CAFE PALETTE 3310
-LC
315 E ARENAS
RD
PALM SPRINGS,
CA 92262-6635
Census Tract:
9414.00
3) 462024 ACTIVE 47 1/11/2008 12/31/2013 HHC TRS RENAISSANCE 14185 DALLAS 3310
PORTSMOUTH PALM SPRINGS PKWY ,#1150-
LLC HOTEL LEGAL
888 E TAHQUITZ DALLAS, TX
CANYON WAY 75254
PALM SPRINGS,
CA 92262-8708
Census Tract:
9414.00
4) 462122 ACTIVE 47 3/11/2008 /28/2014 ZOSO CA HOTEL ZOSO 3310
CONCESSIONS
LLC
150 S INDIAN
CANYON DR
PALM SPRINGS,
A 92262-6604
ensus Tract:
9414.00
5) 467587 ACTIVE 41 9/11/2008 8/31/2013 ANGULO, MAXCYS GRILL 3310
UILLERMO 3
ERNANDEZ
25 S SUNRISE
AY, STE F2
PALM SPRINGS,
A 92262-7663
Census Tract: Ll
9414.00
6) 79601 CTIVE 21 11/25/2009 10131/2013 GARFIELD VS PHARMACY 1 CVS DR, MAIL 3310
13
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California ABC - License Query System -Data Portal Page 5 of 6
BEACH CVS LLC 9804 DROP 23062A
25 S SUNRISE WOONSOCKET,
AY, STE C RI 02895-6146
PALM SPRINGS,
A 92262-7664
ensus Tract:
414.00
7 504615 ACTIVE 21 /11/2011 /30/2014 THRIFTY RITE AID STORE PO BOX 3165, 3310
06:39 PAYLESS INC 5684 LICENSING
M 111 S SUNRISE DEPARTMENT
NY HARRISBURG,
PALM SPRINGS, PA 17105
A 92262-6736
ensus Tract:
414.00
8 504650 SUREND 47 11/23/2010 10/31/2013 AARON, LEON RAINBOW BAR & P. O. BOX 4130 3310
1:21:42 RAYMOND GRILL PALM
PM 216 S INDIAN SPRINGS, CA
CANYON DR 92264
PALM SPRINGS,
A 92262-6618
Census Tract:
9414.00
9) 507610 ACTIVE 47 5/19/2011 /30/2013 RIO AZUL RIO AZUL 3310
1:18:26 MEXICAN BAR & MEXICAN BAR&
PM GRILL LLC GRILL
350-52 S INDIAN
CANYON DR
PALM SPRINGS,
CA 92262-7827
Census Tract:
9414.00
30) 519372 ACTIVE 41 /11/2012 3/31/2014 LOPEZ, JOSE RUBEN AND 3310
22:10 RUBEN JR OZZYS OYSTER
PM 241 E TAHQUITZ BAR &GRILL
CANYON WAY
PALM SPRINGS,
CA 92262-6432
Census Tract:
9414.00
31) 525997 ACTIVE 41 12/10/2012 11/30/2013 MARIO'S ITALIAN MARIOS ITALIAN 42104 3310
12:41:39 CAFE VIII, INC. CAFE VIII INC WASHINGTON
PM 25 S SUNRISE ST. # 1B
AY, BLDG F BERMUDA
STE 1 DUNES, CA
PALM SPRINGS, 2203-8163
CA 92262-7664
C94 ensus Tract:
1=0
32) 527617 ACTIVE 41 12/21/2012 11/30/2013 GOETZ, DAVID CAFE SCANDIA 1777 3310
11:14:18 HAI SANDALWOOD
M 356 S INDIAN PALM
CANYON DR SPRINGS, CA
PALM SPRINGS, 2262-5353
CA 92262-7827
14
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ensus 414 00Tract:
3) 528944 ACTIVE 48 /15/2013 28/2014 NEW STYLE CLINIC BAR AND u 3310
:37:21 ENTERTAINMENT LOUNGE
M -LC
188 S INDIAN
CANYON DR
PALM SPRINGS,
CA 92262-6604
Census Tract:
9414.00
4) 529640 ACTIVE 47 3/8/2013 9/30/2013 DANLON, INC. WANGS IN THE 3310
8:56:30 424 S INDIAN DESERT
M CANYON DR
PALM SPRINGS,
CA 92262-7806
Census Tract:
414.00
5) 529968 ACTIVE 47 /2/2013 /31/2014 FRANK, MELVIN BLAME IT ON 3310
3:33:11 777 E TAHQUITZ MIDNIGHT
PM CANYON WY , RESTAURANT
101-109 ANDBAR
PALM SPRINGS,
A 92262-6784
Census Tract:
9414.00
36) 532186 ACTIVE 47 /11/2013 /30/2014 SIAM GOURMET PO BOX 2936 310
24:02 LTD PALM
PM 100 S INDIAN SPRINGS, CA
CANYON DR 92263-2936
PALM SPRINGS,
CA 92262-6604
Census Tract:
9414.00
- - -End of Report- - -
For a definition of codes, view our glossary,
15
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RESOLUTION NO. 6310
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE 5.1289, A CONDITIONAL USE
PERMIT (CUP) TO ALLOW A COCKTAIL LOUNGE
AND NIGHTCLUB AT 244 EAST AMADO ROAD.
WHEREAS, Tony DiLembo and Rob Kuenzl, The Copa Room Incorporated
("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 and nightclub use in a
6,000-square foot building on a 16,514-square foot lot located at 244 East Amado
Road, Zone REO, Section 14, APN: 508-031-011; and
WHEREAS, a cocktail lounge and nightclub may be permitted in the REO (Resort-
Entertainment-Office) Zone as depicted in the Section 14 Specific Plan with the
approval of a Conditional Use Permit; and
WHEREAS, the new cocktail lounge and nightclub will require a complete renovation of
an existing vacant building, the Planning Commission approves exterior and site
changes to include a repaint, new landscape plan; parking lot rehabilitation and other
necessary alterations to the building elevations; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.1289 — CUP was given in accordance with applicable
law; and
WHEREAS, on January 9, 2013, 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.
17
Planning Commission Resolution No 6310 January 9, 2013
Case 5.1289 CUP— The Copa Room Page 2 of 3
Pursuant to the Resort-Entertainment-Office designation of the Section 14 Specific Plan
in conjunction with Section 92.09.01(D)(5) of the Zoning Code, a cocktail lounge and
nightclub is a permitted use within the Central Business District (CBD) Zone with the
approval of a Conditional Use Permit. The use will be located in the same vicinity as
other entertainment businesses.
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
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 a commercial zone in the
City. The proposed use is desirable for the development of the community as it adds to
the nighttime activities available in the vicinity of downtown and the Spa Resort Casino.
A cocktail lounge and nightclub at the proposed location is not anticipated to be
detrimental to existing uses or future uses specifically permitted in the REO
designation.
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 project will provide an adaptive reuse of a vacant building to include a repaint, new
landscaping and resurfacing of parking lot. No new square footage is proposed. The
renovation will not be detrimental to existing and future permitted uses of land in the
neighborhood.
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 along East Amado Road, which is designated as a major
thoroughfare on the General Plan Circulation Element. The building is approximately
6,000-square feet in size and any traffic generated by the proposed use will be
insignificant to the nearby 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
18
Planning Commission Resolution No. 6310 January 9, 2013
Case 5.1289 CUP—The Copa Room Page 3 of 3
f. Regulation of points of vehicular ingress and egress
g. Regg4qtiron of s�- s
h. Requiring Ian s"caping and maintenance thereof
r i. Regftng mainAance of grounds
egWlatiV� se, vibrations, odors, etc.
. egulafion of t7lfie for certain activities
— 1. TiM6 itWe b- Wth**hich the proposed use shall be developed
« M.-Quration of i#q
n QJi f n dy for public use
w b." An"s�)Wnditions as will make possible the development of the city
"IN rl 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.
Conditions of Approval to provide parameters and restrictions for the use, including, but
not limited to, compliance with the City Noise Ordinance, enhanced lighting in the
parking lot, etc.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1289 — CUP, a Conditional Use Permit to
allow a cocktail lounge and nightclub use in a rehabilitated vacant building located at
244 East Amado Road, subject to the conditions set forth in the attached Exhibit A.
ADOPTED this 9th day of January 2013.
AYES: 6, Roberts, Vice Chair Hudson, Munger, Klatchko, Calerdine and Chair
Donenfeld
NOES: None
ABSENT: 1, Weremiuk
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
t wing, P
Director of Plant ' g Services
19
RESOLUTION NO. 6310 i i u' �' `_�! E'.�NI,•_7
APIVVED BY PLAW4ING MkIMISSIGN
EXHIBIT A Case '
Case 5.1289 CUP 60PRM W UTY COUNCIL
The Copa Room COO----.--Date
244 East Amado Road R840m 0 Winance s
SOM SIIBJ= 1b ALL REQUOW
January 9, 2013 MNWK)NS If we BOOKS
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
5.1289 CUP, except as modified by 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 amity 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 5.1289 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
20
Resolution No.6310
Conditions of Approval Page 2 of 9
5.1289 CUP- The Copa Room- 244 East Amado Road January 9, 2013
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 mattet 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 owners 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 Approval. Approval of this Conditional Use Permit shall be
valid for a period of two (2) years from the effective date of the approval.
Once the use is implemented, the Conditional Use Permit does not have a
time limit, provided the project has remained in compliance with all conditions
of approval.
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 2.05.00. 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.
21
Resolution No.6310
Conditions of Approval Page 3 of 9
5.1289 CUP-The Co pa Room- 244 East Amado Road January 9, 2013
P ry
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 law.
ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 12. Control of Noise. Live entertainment is permitted in the location shown on the
approved floor plan only. If complaints are received, all exterior doors and
windows shall be closed immediately upon request of the enforcement officer.
ADM 13. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 14. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit and approved security plan to all buyers and potential
buyers.
ADM 15. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of
sidewalks for any outdoor seating areas or patios will be required.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Seating Count. The applicant shall be limited to the total number of 200
occupants inside and 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 2. Hours of Operation. The applicant shall be required to maintain the operating
hours as stated on the Conditional Use Permit application. Hours of
operation shall be from 5:00 PM to 2:00 AM daily. Any future modifications to
the hours of operation shall require prior approval by the Planning
Commission and the City reserves the right to modify or restrict the business
hours based upon documented operational circumstances.
PLN 3. 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.
22
Resolution No.6310
Conditions of Approval Page 4 of 9
5.1289 CUP-The Copa Room -244 East Amado Road January 9, 2013
PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
ENGINEERING DEPARTMENT CONDITIONS
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plan(s) shall be approved by the City Engineer
prior to issuance of any building permits.
E. AMADO ROAD
ENG 3. Remove existing street improvements as necessary to construct a driveway
approach in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 4. The proposed driveway approach location is in violation of Section 93.06.00
C(15)d of the City of Palm Springs Zoning Ordinance. It calls for a minimum
separation between the driveway and side lot line of 6 feet.
ENG 5. After removal of existing street improvements, construct 6 inch curb and gutter to
match existing, as well as 8 feet wide sidewalk behind the curb, as necessary, in
accordance with Cityof Palm Springs p rin gs Standard DrawingNo. 200 and 210
,
respectively.
ENG 6. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ON-SITE
ENG 7. The on-site drive aisles shall be two-way with a minimum 24 feet wide travelway.
ENG 8. Parking shall be restricted along the west side of the private drive aisle, as
necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type
R26 "No Parking" signs shall be installed along the drive aisles as necessary to
23
Resolution No.6310 -
Conditions of Approval Page 5 of 9
5.1289 CUP—The Copa Room—244 East Amado Road January 9, 2013
enforce parking restrictions. The commercial development shall be responsible for
regulating and maintaining required no parking restrictions.
ENG 9. The minimum pavement section for all drive aisles and parking spaces shall be 2-
1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement section is proposed, the proposed pavement section shall be
designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
SANITARY SEWER
ENG 10. All sanitary facilities shall be connected to the public sewer system. The existing
sewer service to the property may be used for new sanitary facilities. New laterals
shall not be connected at manholes.
GRADING
ENG 11. Submit a Precise Grading and Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to issuance
of grading permit.
a_ The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a
final approved conformed copy of the Site Plan; a copy of current Title Report;
and a copy of Soils Report.
ENG 12. Note that if the existing parking area and spaces will be removed to the ground
surface and replaced, then a copy of the Dust Control Plan, as well as the project-
specific Water Quality Management Plan shall be submitted to and approved by
the City prior to issuance of a Precise Grading Permit. In addition, a dust deposit
will be collected for the site prior to issuance of Grading Permit.
ENG 13. Prior to approval of a Grading Plan or issuance of any permit, the applicant shall
obtain written approval to proceed with construction from the Agua Caliente Band
of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The
applicant shall contact the Tribal Historic Preservation Officer or the Tribal
Archaeologist at (760) 699-6800, to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to contact
the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible.
If required, it is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
24
Resolution No. 6310
Conditions of Approval Page 6 of 9
*5.1289 CUP-The Copa Room-244 East Amado Road January 9, 2013
ENG 14. Contact Desert Water Agency at (760) 323-4971 Ext. 146 to determine impacts to
any existing Whitewater Mutual Water Company water lines and other facilities that
may be located within the property, if any. Make appropriate arrangements to
protect in place or relocate any facilities that are impacted by the development. A
letter of approval for relocated or adjusted facilities from Desert Water Agency shall
be submitted to the Engineering Division prior to approval of the Grading Plan.
ENG 15. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 16. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report shall
be submitted to the Engineering Division with the first submittal of a grading plan (if
required) or prior to issuance of any permit.
ENG 17.The applicant shall provide all necessary geotechnical/soils inspections and testing
in accordance with the Geotechnical/Soils Report prepared for the project. All
backfill, compaction, and other earthwork shown on the approved grading plan
shall be certified by a California registered geotechnical or civil engineer, certifying
that all grading was performed in accordance with the Geotechnical/Soils Report
prepared for the project. Documentation of all compaction and other soils testing
are to be provided even though there may not be a grading plan for the project. No
certificate of occupancy will be issued until the required certification is provided to
the City Engineer.
ENG 18. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior to
construction of any building foundation.
ENG 19. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading 'permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
ENG 20. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
29
Resolution No.6310
Conditigns of Approval Page 7 of 9
5A 289 CUP-The Copa Room-244 East Amado Road January 9, 2013
without first intercepting and treating with approved Best Management Practices
(BMP's).
GENERAL
ENG 21. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Wamer, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, at
the discretion of the City Engineer. The pavement condition of the existing off-site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 22.All proposed utility lines shall be installed underground.
ENG 23.All existing utilities shall be shown on the improvement plans if required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 24. Upon approval of any improvement plan (if required) by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of a
DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format
of the digital data to be submitted to the City may be authorized, upon prior
approval by the City Engineer.
ENG 25.The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as-built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
ENG 26. Nothing shall be constructed or planted in the comer cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
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Resolution No. 6310
Conditions of Approval Page 8 of 9
5.1289 CUP—The Copa Room—244 East Amado Road January 9, 2013
ENG 27.All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
TRAFFIC
ENG 28, A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development.
ENG 29. Construction signing, lighting and barricading shall be provided during all phases of
construction as required by City Standards or as directed by the City Engineer. As
a minimum, all construction signing, lighting and barricading shall be in accordance
with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic
Control Devices for Streets and Highways, dated January 13, 2012, or subsequent
editions in force at the time of construction.
ENG 30. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 1. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
FID 2. Identification (CFC 510.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, or other fire detection, suppression or control
elements shall be identified for the use of the fire department. Approved signs
required to identify fire protection equipment and equipment location, shall be
constructed of durable materials, permanently installed and readily visible.
FID 3. KNOX Access: Where access to or within a structure or an area is restricted
because of secured openings or where immediate access is necessary for
life-saving or fire-fighting purposes a Knox Box Vault will be required. Knox
Box shall be mounted at 5 feet above grade at main entrance. Contact the
Fire Department at (760) 323-8186 for a Knox application form.
FID 4. NFPA 13 Fire Sprinkler System is Required:As per Ordinance 1736 "An
approved fire sprinkler system shall be installed in every Group A Occupancy
per 903.2.1 including those that result from a change of use in an existing
27
Resolution No.6310
Conditions of Approval Page 9 of 9
5.1289 CUP—The Copa Room—244 East Amado Road January 9, 2013
building or portion thereof'. You must maintain your current Fire Sprinkler
system.
FID 5. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed
and certified Protective Signaling Service (Central Station Service) is
required. Provide the Fire Department with proof of listing and current
certificate. The Fire Department shall be notified immediately of change in
service.
FID 6. Fire Alarm System: Maintain current Fire alarm system and shall comply
with the requirements of NFPA 72, 2002 Edition.
FID 7. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top is not more than 5 feet above
the floor.
FID 8. Exit Analysis Plan: Submit an occupancy analysis plan and exit analysis
plan prepared by an accredited architect to the Palm Springs Fire Department
and the Palm Springs Department of Building and Safety for approval. Include
a detailed floor plan listing room dimensions, occupancy uses, exit locations,
exit sizes, exit paths and occupant loads. It will be necessary to include your
outside patio area in this analysis if you plan to occupy this space.
The Senior Building Official will make the final decision based on the analysis
plan submitted. All assembly rooms with an occupant load greater than 50
shall have a posted occupant load sign in each room. Please submit a copy of
the approved occupant load for the fire department files.
POLICE DEPARTMENT CONDITIONS
POL 1,. Security Plan. Within thirty (30) 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
property 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.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
END OF CONDITIONS
28
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CONDITIONS 8Y ABOVE BODIES
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