HomeMy WebLinkAbout22993 RESOLUTION NO. 22993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, MODIFYING A
CONDITIONAL USE PERMIT TO INCLUDE A PLANNING
COMMISSION REVIEW, A SECURITY PLAN AND THE
ELIMINATION OF OUTDOOR SPEAKERS FOR THE
COCKTAIL LOUNGE LOCATED AT 120 SOUTH PALM
CANYON DRIVE.
WHEREAS, on July 30, 1997, the Planning Commission approved a Conditional
Use Permit (Case 5.0749-CUP) to allow a cocktail lounge use at the property located at
120 South Palm Canyon Drive; and
WHEREAS, the cocktail lounge use granted by Case No. 5.0749-CUP were
soon thereafter established and remain in use to the present day; and
WHEREAS, on February 13, 2008, the Planning Commission approved an
amendment request to allow DJ music, expanded operating hours and outdoor music
via speakers on the balcony for the cocktail lounge at 120 South Palm Canyon Drive;
and
WHEREAS, Section 94.02.00.1 of the Palm Springs Zoning Code allows the
revocation of a Conditional Use Permit for noncompliance with any of the conditions set
forth in granting the permit; and
WHEREAS, on April 25, 2011, the Planning Commission reviewed the
Conditional Use Permit for the cocktail lounge and directed staff to begin revocation
proceedings on the Permit (Case 5.0749 CUP-A); and
WHEREAS, on May 25, 2011, the Planning Commission concluded that the
Conditions of Approval for Case 5.0749-CUP-A had not been complied with and
directed staff to set a revocation hearing for the CUP; and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider a recommendation for revocation of Case 5.0749-CUP-A has
been given in accordance with applicable law; and
WHEREAS, on May 25, 2011, following notification in the prescribed manner, a
public hearing was held by the Planning Commission to consider revocation of Case
5.0749-CUP-A in accordance with applicable law, at which hearing the Commission
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, following which the Commission voted to recommend
modification of the CUP to establish a completion schedule for the uncompleted street,
parking and landscape improvements; and
Resolution No.22993
Page 2
WHEREAS, on July 6, 2011, following notification in the prescribed manner, a
public hearing was held by the City Council to consider revocation of Case No. 5.0749-
CUP-A in accordance with applicable law, at which hearing the Council 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 CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the cocktail lounge use as granted by Case No. 5.0749-CUP
and 5.7049 CUP-A have been established, and the benefits of said uses have been
continuously enjoyed by the property owner to the present day.
SECTION 2. That the cocktail lounge operational history for Case No. 5.0749-
CUP and 5.0749 CUP-A has shown to require additional City policing resources,
beyond that of which is normally required for such operation.
SECTION 3. Based upon the foregoing, the City Council hereby modifies the
conditions of approval for Case No. 5.0749 CUP-A, attached as Exhibit A, for the
cocktail lounge use located at 120 South Palm Canyon Drive, as follows:
1. The CUP shall be reviewed by the Planning Commission six
months and twelve months from the date of City Council action.
2. Within thirty days of City Council action, the applicant shall
implement and maintain a security plan which has been reviewed and approved
by the Director of Planning Services and the Chief of Police.
3. Condition No. 2 of Planning Commission Resolution 7115 shall be
deleted. No amplified speakers or other sound amplification equipment is
permitted on the outdoor balcony.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS THIS 20TH DAY OF JULY, 2011.
DAVID H. READ MANAGER
ATTEST:
MES THOMPSON, CITY CLERK
Resolution No. 22993
Page 3
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. 22993 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 July 20, 2011, by the
following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
ity of Palm Springs, California o6 /it Zot t
RESOLUTION NO. 7115 t. Exhibit A
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS,. CALIFORNIA FOR
APPROVAL TO AMEND AN EXISTING CONDITIONAL
USE PERMIT (CUP) TO ALLOW DJ MUSIC, EXPANSION
OF OPERATING HOURS, AND BROADCAST MUSIC ON
SPEAKERS ON THE BALCONY LOCATED AT 120 SOUTH
PALM CANYON DRIVE, ZONE CBD, SECTION 15, APN:
513-144-002.
WHEREAS, Victoria Randall ("Applicant") has filed an application with the City pursuant
to Section 94.02.00 of the Zoning Ordinance to amend an existing Conditional Use
Permit to allow DJ music, expansion of operating hours, and broadcast music on
speakers on the balcony located at 120 South Palm Canyon Drive, Zone CBD, Section
15; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 5.0749 — CUP AMND was given in accordance with
applicable law; and
WHEREAS, on February 13, 2008, 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 III 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: Pursuant to the requirements of Section 94.02.00(B)(6), the Planning
Commission finds:
The Conditional Use Permit process outlined in Section 94.02.00 of the Zoning Code
requires the Planning Commission to make a number of findings for approval of the.
permit. Those findings are analyzed by staff in order below:
1) That the:use applied for at the location set forth in the application is property one
for which a conditional use permit is authorized by this Zoning Code.
The nightclub and cocktail. lounge use per Section 92.09.01(D)(5) is permitted
with the approval of a Conditional Use Permit in the CBD zone.
Planning Commission Resolution February 13,2008
Case 5.0749—CUP AMND 120 S.Palm Canyon Drive Page 2 of 3
2) That the use is necessary or desirable for the development of the community,':
and 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 proposed nightclub use has existed in the same location since 1997. The
General Plan designation of CBD also allows.for entertainment venues such as..
the proposed nightclub. The proposed uses are necessary and desirable for the
development of the community as they add to the nighttime activities available in
downtown.
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 does not propose any exterior changes to the site: Minor tenant
improvements may be required to conform to the requirements of the Alcoholic
Beverage Control (ABC) license. Any adjustments to the project site will.be
Internal and the existing conditions are-adequate to the use.
4) That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
The project site is located along South-Palm Canyon Drive, which is designated
as a major thoroughfare on the General Plan Circulation Element. The nightclub
will keep the number of originally approved 100-person seating. The original
staff report remarked that since the existing structure will be kept and there is no
increase in floor area, no additional parking will be required. Staff concludes that
the request in this case does not represent an intensification of use that will
require increased scrutiny of the parking standards.
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 bands
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
o
Q all
Planning Commission ResolutionXLrL R
Case 5.0749—CUP AMNO 120 S.Palm Canyon Drive Pale 3 of 3 — '
h. Requiring landscaping and maintenance thereof ' 1 YTO '1"'2 n'";:"'
I. Requiring maintenance of grounds n V.
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities r:.......n-> .13d
I. Time Period within which the proposed use shall be#evefuped;
m. Duration of use
n. Dedication of property for public use .
o. Any such other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent
and purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
There is no change to the existing site plan. Staff has included Conditions of
Approval to provide parameters and restrictions for the proposed uses.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.0749—CUP AMND.
ADOPTED this 13v' day-of February, 2008.
AYES: 7, Conrad, Cohen, Marantz, Hochanadel, Ringlein, Caffery and Scott
NOES: None.
ABSENT: None.
. ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
. E ing, AIC
Dire Plann g ^etvices
CITY OF PALM SPRINGS
APPROVED BY PLANNI G MMI;!L
S,o�ya
Case# Date77` .Mid EXHIBIT A
APPROVED BY CITY COUNCIL CASE 5.0749-CUP AMND
Case# Date_ Ieitjalr..,.,_ MIXIE'S BOY BAR
Resolution# Ordinance# 120 S. PALM CANYON DRIVE
APPROVAL SUBJECT TO ALL REQUIRED CONDITIONS OF APPROVAL
CONDITIONS BY ABOVE BODIES
FEBRUARY.13,2008
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the
Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be In a form
approved by the City Altomey.
Project Specific
1. No sirens or outside paging shall be permitted on the outdoor balcony area.
2. Amplified speakers are allowed on the outdoor balcony area;
3. Doors and windows may be open during business hours and when music is
playing. The Noise Ordinance of the Palm Springs Municipal Code shall remain
applicable at all times.
4. Allow hours of operation from 11 A.M, to 2 A.M., Sunday through Saturday.
5. Maximum of 100-person seating. I
6. in .order to assure.compliance with the conditions of approval, the Planning
Commission may review this Permit under any of the following circumstances: ,
a. One year following the date of the approval of this Permit.
b. Upon receipt of three of more complaints about the project's .impact on
surrounding properties.
c. Upon the request of any Planning Commissioner.'
Following review, the Commission may initiate a hearing to consider revocation
or modification of the Permit in accordance with Palm Springs Zoning Code
Section 94.01.00.1.
s Planning Commission Cond,. Js of Approval __�`February 13, 2008
Case No. 5.0749—CUP Page 2 of 2
7. All other Conditions of Approval found in Resolution 4535 adopted on June 18,
1997 and not modified in this section shall remain in effect.
PLANNING DEPARTMENT
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the.zoning district
regulations.
1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside, .
void or"annul, an approval of the City of Palm Springs, its legislative body, .
advisory agencies, or administrative officers concerning Case 5.0749-CUP
AMND. The City of Palm Springs will promptly notify the applicant of any such
claim, action, or proceeding against the City of Palm Springs and the applicant
will either undertake defense of the matter and pay the City's associated legal
costs or.will advance funds to pay for defense of the matter by the City Attomey.
If the City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant shall
not, thereafter, be responsible to defend, indemnify,or hold. harmless the City of
Palm Springs. Notwithstanding the foregoing, the City retains the right to settle
or abandon the matter without the applicant's consent but should it do so, the
City shall waive further indemnification hereunder, except, the City's decision to
settle or abandon a matter following an adverse judgment or failure to appeal,
shall not cause a waiver of the indemnification rights herein.
2. Use shall commence on this Conditional Use Permit within two (2)years of the date i
of approval or the permit shall become void. Extensions of time maybe granted by
the Planning Commission upon demonstration of good cause,
3. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project a,pprovai. Permits will not be issued until the appeal period
has concluded.
END OF CONDITIONS