HomeMy WebLinkAbout7/6/2011 - STAFF REPORTS - 1C The city lounge security procedures 6-28-11 (formerly space 120) R E CE I Y E D
IT OF PAtM SPPIAii,
The City lounge has started its changes starting with what type of music and artist that
will be presented to the public.We have committed to focus on a more upscale kALU.*jEH 0 H P S 0 N
starts with a casual dress code for all patrons. The new City lounge will focus on 1R9 Y CL E R K
bands jazz shows with local musician Kai David and also focus on a salsa/latin vibe.We
will be going away from the hip hop performances and what it attracts with these new
changes.also with the advice of the local PSPD we are confident with all the changes we
can maintain the safety and ensure a great experience for the patrons of the city.
The new procedure goes as follows:
1. All shows and performances will be as stated..(salsajazz r&b,indie
bands,karoke,comedy)
2. All security will be visible In uniform for the public to see and speak to if needed.
3. There will be a minimum of 3 security guard on premises.
a. Doorman to check I.D's and search. Also there will be one on outside patio to
monitor patrons on balcony ans collect empty bottles on tables . The third will be
at the back of the lounge monitoring the back door, plaza, and restrooms.
4. There will be a security doorman with knowledge of local crowd enforcing all changes.
a. doorman will I.D, search, and wand all patrons nightly.
b. doorman will also have past knowledge of the local crowd that is undesired.
5. All security will be issued security radios , flashlights. Lead security will also be
carrying a cellular phone to inform police department of a potential problem or potential
loitering.
6. At the end of the night 2-3 security gaurds will go to the front exit and form a human
wall an direct the patrons to there vehicles in order to prevent any problems, fights or
loitering in front of business or on Palm Canyon street.
7. Aftert 10 pm the plaza los flores will be locked all around to prevent loitering in the
Plaza or around.
**8. Finally we more than happy to continue to take all advice given by PSPD and work
hand and hand with them to ensure the satisfaction and safety of the city of Palm Springs
and continue to grow the city's economy and nightlife in a positive light.
RECEIVED
JUL 0 6 2011
PLANNING SERVICES
DEPAR7M l
Thank you for taking the time to help us correct the problems arose. As A local born and
raised in the valley there is nothing more important to us as a company to operate on a
level of service that all palm springs patrons will enjoy..We have given our lifes and
sacrificed so much in order to fulfill the dream of being a downtown lounge that is
revered and appreciated. We do recognize the changes that are needed and are more than
willing to correct them. We all are men whom have children and wife's who depend and
survive from this business. With that in mind we our motivated to meet all needs of the
city and the patrons who we serve .Thank you very much..Joel D...City Lounge
(formerly space120)
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CITY COUNCIL STAFF REPORT
DATE: July F, 2011 PUBLIC HEARING
SUBJECT: CONDITIONAL USE PERMIT 5.0749 — COCKTAIL LOUNGE; 120 S.
PALM CANYON DRIVE; REVOCATION HEARING
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will conduct a public hearing and consider a recommendation of the
Planning Commission to modify or revoke a Conditional Use Permit for the cocktail
lounge recently known as Space 120 located at 120 South Palm Canyon Drive.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "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."
PRIOR ACTIONS:
On July 30, 1997, the Planning Commission approved the original Conditional Use
Permit (CUP) to allow a cocktail lounge use at property located at 120 South Palm
Canyon Drive.
On February 13, 2008, the Planning Commission approved a CUP amendment to allow
DJ music, expanded operating hours and the broadcasting music on the outdoor
balcony at the establishment.
ITEM NO. ,L
City Council Staff Report July 6,2011
5 0749 CUP Revocation Hearing Page 2 of 4
Cocktail Lounge, 120 S Palm Canyon Drive
On March 11, 2009, and March 24, 2010, the Planning Commission reviewed the status
of the CUP and took no action to recommend revocation or modification of the CUP to
the Council.
On April 27, 2011, the Planning Commission reviewed the status of the CUP, concluded
that the CUP conditions of approval had not been met and directed staff to schedule a
revocation recommendation hearing for the cocktail lounge's CUP.
On May 25, 2011, the Planning Commission conducted a public hearing and made a
recommendation to the City Council as follows:
1. Modify the Conditions of the Permit as follows:
a. The CUP shall be reviewed by the Planning Commission six months and
twelve months from the date of City Council action;
b. Within thirty days of City Council action, the applicant shall implement a
security plan which has been reviewed and approved by the Director of
Planning Services and the Chief of Police;
c. 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.
2. Consider revocation of the CUP if the applicant has not progressed towards
receiving approval of a security plan, prior to the Council's public hearing.
STAFF ANALYSIS:
On June 18, 1997, a Conditional Use Permit was granted by the City to allow a "blues
and jazz cocktail lounge" at 120 South Palm Canyon Drive. In 2008, a new owner
requested an amendment to three Conditions of Approval related to music type,
expansion of operation hours and speakers on the balcony (see attached staff report for
specific details of amendment). The Commission granted the amendment subject to
certain conditions, including an annual review of the CUP.
At this year's annual review, staff presented operational background updates on the
business to the Commission. The updates included eleven police service calls and one
noise complaint. Consequently, it was determined by the Commission that the CUP
should be reviewed for consideration of revocation or modification.
On May 25, 2011, the Planning Commission held a public hearing on the CUP and
made the following recommendation:
1 Lr
City Council Staff Report July 6,2011
5 0749 CUP Revocation Hearing Page 3 of 4
Cocktail Lounge, 120 S Palm Canyon Drive
1. Modify the Conditions of the Permit as follows:
a. The CUP shall be reviewed by the Planning Commission six months and
twelve months from the date of City Council action;
b. Within thirty days of City Council action, the applicant shall implement a
security plan which has been reviewed and approved by the Director of
Planning Services and the Chief of Police;
c. 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.
2. Consider revocation of the CUP if the applicant has not progressed towards
receiving approval of a security plan, prior to the Council's public hearing.
Since that time, the applicant scheduled one meeting with the Police Department and
did not appear.
CONCLUSION:
Based on the above analysis, the City Council may consider an action from the
following options:
1. Revoke the Conditional Use Permit for failure to comply with the Conditions of
Approval. Revocation would require cessation of the cocktail lounge use.
2. Modify the Conditions of Approval based on the Planning Commission's
recommendation which included the following:
a. The CUP shall be reviewed by the Planning Commission six months and
twelve months from the date of City Council action;
b. Within thirty days of City Council action, the applicant shall implement a
security plan which has been reviewed and approved by the Director of
Planning Services and the Chief of Police;
c. 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.
A draft resolution has been prepared based on the Commission's recommendation
(option 2).
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City Council Staff Report July 6,2011
5.0749 CUP Revocation Hearing Page 4 of 4
Cocktail Lounge, 120 S. Palm Canyon Drive
FISCAL IMPACT:
No fiscal impact.
E ng, A1411, Thomas J. Wi n, Assistant City Manager
it of Plan g Services
David H. Ready,
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Planning Commission Resolution No. 6210
4. Planning Commission Staff Report and Meeting Minutes, May 25, 2011
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DESCRIPTION: To consider revocation or
CASE NO: 5.0749 CUP-A modification of a previously approved amendment to
an existing Conditional Use Permit to change club
APPLICANT: Space120 music format and allow placement of speakers in the
patio area at 120 South Palm Canyon Drive, Zoned
CBD, Section 15. APN: 513-144-002.
J
RESOLUTION NO.
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
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Resolution No
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 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 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.
ADOPTED this 6th day of July, 2011.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
0
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Resolution No
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. 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
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RESOLUTION NO. 6210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING
MODIFICATION OR REVOCATION OF A CONDITIONAL USE
PERMIT (CASE NO. 5.0749-CUP-A) DUE TO NOW
COMPLIANCE WITH CONDITIONS, 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 at 120 South Palm Canyon Drive;
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, on April 27, 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, 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, a public hearing to consider a recommendation for
revocation of Case 5.0749-CUP was held by the Planning Commission in accordance with
applicable law; 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: That the cocktail lounge operational history for Case 5.0749 CUP-A has
shown to require additional City policing resources, beyond that of which is normally
required for such operation.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends to the City Council:
1. Modify the Conditions of the Permit as follows:
a. The CUP shall be reviewed by the Planning Commission six months and twelve
months from the date of City Council action;
(1 J
Resolution No 6210 May 25, 2011
Case 5.0749 CUP Revocation—Cocktail lounge; 120 S Palm Canyon Drive Page 2 of 2
b. Within thirty days of City Council action, the applicant shall implement a security
plan which has been reviewed and approved by the Directory of Planning
Services and the Chief of Police;
c. 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.
2. Consider revocation of the CUP if the applicant has not progressed towards
receiving approval of a security plan, prior to the Council's public hearing.
ADOPTED this 25" day of May 2011.
AYES: 6, Conrad, Munger, Klatchko, Hudson, Donenfeld and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
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A`'F°R�� Planning Commission Staff Report
Date: May 25, 2011
Case No.: Case 5.0749 Conditional Use Permit Amendment
Application Type: Revocation / Modification of a Conditional Use Permit
Location: 120 South Palm Canyon Drive
Applicant: Initiated by Staff; Current CUP Holder: Angelo Serio
Zone: C-B-D (Central Business District)
General Plan: CBD (Central Business District)
APN: 513-144-002
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: David A. Newell, Associate Planner
SUMMARY
On April 27, 2011, the Planning Commission directed staff to begin revocation
proceedings on the Conditional Use Permit Amendment (Case No. 5.0749) for the
cocktail lounge located at 120 South Palm Canyon Drive. In accordance with Section
94.02.00.1, the City Council may revoke an existing Conditional Use Permit if it finds that
the use permitted by the CUP is not being conducted in compliance with the conditions
of approval.' Staff believes that the cocktail lounge at 120 S. Palm Canyon Drive has
not satisfied certain conditions associated with its CUP. Prior to submitting the item to
the City Council, staff has scheduled a hearing before the Planning Commission so that
' 94.02.00.1. Revocation or Voiding of Conditional Use Permit.
1. The council, with or without a recommendation from the planning commission,
may, after notice and public hearing, revoke any conditional use permit for
noncompliance with any of the conditions set forth in granting the permit.
Planning Commission Staff Report May 25, 2011
Case 5.0749— Space 120 (Revocation Hearing) Page 2 of 4
it may review the matter, accept public comment and adopt a recommendation to the
City Council.
RECOMMENDATION
That the Planning Commission recommend to the City Council that it not revoke the
CUP for the cocktail lounge at 120 South Palm Canyon Drive, but that the conditions of
approval be modified to require a security plan.
PRIOR ACTIONS
On June 18, 1997, the original CUP application for the cocktail lounge formerly known
as Blue Guitar was approved by the Planning Commission.
On February 13, 2008, the Planning Commission approved an amendment 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.
On March 11, 2009, the Planning Commission reviewed the CUP as required by the
Conditions of Approval and unanimously voted to allow continued operation with a
review to be scheduled in one year.
On Mar 24, 2010, the Planning Commission reviewed the CUP and unanimously voted
to allow continued operation with a review to be scheduled in one year.
On April 27, 2011, the Planning Commission reviewed the CUP and directed staff to
initiate revocation proceedings for the CUP.
BACKGROUND
The current cocktail lounge owner, Mr. Angelo Serio, has been in operation since
October of 2009 as Space120. Prior to that, there have been multiple owners who have
operated the cocktail lounge as Alternate Route, Mixie's and Blue Guitar. The owner of
Mixie's submitted the amendment application in 2008 that is the subject of this hearing.
The nightclub is located within Plaza Las Flores on the second floor of the building at
120 South Palm Canyon Drive. The CUP allows for 100 seats with a maximum of ten
employees at any one time.
Table 1: The surrounding Land Uses are tabled below:
Genera! Plan Zone Land Use
North x CBD CBD Welwood Memorial Library
South CBD CBD Retail/Commercial
East_ CBD CBD _ Retail/Commercial
West CBD CBD Retail/Commercial
t �
Planning Commission Staff Report May 25, 2011
Case 5.0749—Space120 (Revocation Hearing) Page 3 of 4
ANALYSIS
On June 18, 1997, a Conditional Use Permit was granted by the City to allow a "blues
and jazz cocktail lounge" at 120 South Palm Canyon Drive. In 2008, a new owner
requested an amendment to three Conditions of Approval related to music type,
expansion of operation hours and speakers on the balcony (see attached staff report for
specific details of amendment). The Commission granted the amendment subject to
certain conditions, including an annual review of the CUP.
At this year's annual review, staff presented operational background updates on the
business to the Commission. Within the past year, the Police Department responded to
eleven calls at or adjacent to the site and there has been one noise complaint.
Consequently, it was determined by the Commission that the CUP should be reviewed
for consideration of revocation or modification. Staff will provide additional information
related to police matters at the public hearing and a staff member of the Police
Department will be present to answer questions.
Staff believes that security concerns are the primary problems associated with the
current operation. In consultation with the Police Department, staff has concluded that
these problems may be resolved by requiring a security plan that is approved by the
Planning and Police Departments. Staff recommends that the Planning Commission
recommend the following conditions to the Council:
1. Within forty-five days of the City Council action date, the current cocktail lounge
owner, Mr. Angelo Serio, shall submit a security plan to the Director of Planning
Services and Chief of Police for review and approval. The plan shall include
measures to address:
a. Security personnel training,
b. Number of security personnel during business operations, and
c. Additional measures as identified by the Police Chief.
2. Any future owner of the cocktail lounge shall receive a copy of the approved
security plan and agree, in writing, to complying with all requirements of the plan,
prior to issuance of a business license and commencement of business
operations.
Staff has provided a notice of public hearing to all property owners within 400 feet and
no correspondence has been received as of the writing of this report.
David A. Newell ing, P
Associate Planner �fwI ni g Services
13
Planning Commission Staff Report May 25, 2011
Case 5 0749—Space120 (Revocation Hearing) Page 4 of 4
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution
3. Planning Commission Staff Report, February 13, 2008
4. Planning Commission Minutes of February 13, 2008 (excerpt)
5. Planning Commission Resolution 7115
6. Planning Commission Resolution 4535
7. Email with Police Calls in Past Year
8. Complaint received March 14, 2011
14
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Surrounding Parcels
CITY OFPALM SPRINGS
_ _ ------- -DESCRIPTION: To consider revocation or
CASE NO: 5.0749 CUP-A modification of a previously approved amendment to
an existing Conditional Use Permit to change club
APPLICANT: Space120 music format and allow placement of speakers in the
patio area at 120 South Palm Canyon Drive zoned
CBD, Section 15, APN: 513-144-002.
?J
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING MODIFICATION OF A CONDITIONAL
USE PERMIT (CASE NO. 5.0749-CUP) DUE TO NOW
COMPLIANCE WITH CONDITIONS, 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 at 120 South Palm Canyon Drive;
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, on April 27, 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, 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, a public hearing to consider a recommendation for
revocation of Case 5.0749-CUP was held by the .Planning Commission in accordance
with applicable law; 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: That the cocktail lounge operational history for Case 5.0749 CUP-A has
shown to require additional City policing resources, beyond that of which is normally
required for such operation.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends to the City Council the modify the conditions of
approval for Case 5.0749-CUP-A for the cocktail lounge use located at 120 South Palm
Canyon Drive, as follows:
� tr
Resolution No. May 25, 2011
Case 5.0749 CUP Revocation—Cocktail lounge, 120 S. Palm Canyon Drive Page 2 of 2
1. Within three months of the City Council action date, the current cocktail lounge
owner, Mr. Angelo Serio, shall submit a security plan to the Director of Planning
Services and Chief of Police for review and approval.
2. Any future owner of the cocktail lounge shall receive a copy of the approved
security plan and agree, in writing, to complying with all requirements of the plan,
prior to issuance of a business license and commencement of business
operations.
ADOPTED this 251" day of May, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A. Ewing, AICP
Director of Planning Services
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c"'fro?, Planning Commission Staff Report
Date: February 13, 2008
Case No.: 5.0749 -- CUP AMND
Type: Conditional Use Permit Amendment
Location: 120 South Palm Canyon Drive
APN: 513-144-002-6
Applicant: Victoria Randall, Owner
General Plan: Central Business District
Zone: CBD
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Bryan Fernandez, Assistant Planner
PROJECT DESCRIPTION:
The applicant has requested 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.
RECOMMENDATION:
That the Planning Commission approve Case 5.0749 — CUP AMND, amending the
Conditional Use Permit for the proposed nightclub use subject to Conditions of
Approval.
BACKGROUND:
ry The existing nightclub has approximately 2,335 square feet of floor area located on the 1
second floor within the mixed-use commercial/retail center known as Plaza Las Flores.
Planning Commission Staff Report February 13, 2008
Case 5.0749—CUP Ah1ND Page 2 of 6
The original CUP application for the nightclub formerly known as Blue Guitar was
approved by the Planning Commission on July 30, 1997.
According to the applicant, the maximum number of customers during business hours
will be 235, seating will total about 100. There will be a maximum of 10 employees at
any one time.
Table 1: The surrounding Land Uses are tabled below:
General Plan Zone Land Use
North CBD CBD Welwood �Niemorial
__ Libra
South CBD CBD Retail/Commercial
East CBD C-2 Retail/Commercial
West CBD CBD Retail/Commercial
ANALYSIS:
The applicant has requested to amend three conditions of the existing Conditional Use
Permit (CUP) related to DJ music, expansion of operation hours, and speakers on the
balcony. The site is located in the CBD zone. Pursuant to Section 92.09.01(1))(5),
nightclubs and cocktail lounges with or without dancing are permitted with the approval
of a CUP. The General Plan designation of CBD also allows for entertainment venues
such as the proposed nightclub.
I. Type of Music
Condition of Approval #1 of the original CUP restricts the type of music played at the
nightclub to jazz and blues:
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. Additionally, the hours of operation and
type of music, jazz and blues, shall be maintained for the life
of this permit.
The original staff report mentioned no reason why this restriction was put in place. The
applicant has requested to allow a broader format that includes contemporary "pop"
acts, classics, show tunes and oldies. Staff has concluded that establishing the type of
music to be played is outside the City's regulatory authority. However, the Noise 3
Ordinance regulates noise and nuisance coming from the nightclub.
Planning Commission Staff Report February 13, 2008
Case 5.074E —CUP AM14D Page 3 of 6
II. Hours of operation
The applicant has requested to operate the nightclub until 2 A.M. Condition of Approval
#1 states that the hours of operation, stated in the original staff report to be from 11 A.M
to 2 A.M., be maintained for the life of the permit. Thus, the request does not represent
a change in the condition of approval and no action is required. Additionally, pursuant
to Section 5.12.020 of the Palm Springs Municipal Code (regulating establishments
where public dancing occurs), the extension of hours of operations for the proposed use
is allowed within the City until 2 A.M.
III. Outdoor Speakers
The applicant's final request is to amend the original Conditions of Approval #4 and #5
which restricts the operation of the nightclub in the following manner:
4. No sirens, outside paging or amplified music shall be
permitted on the outdoor balcony area.
5. All exterior openings (doors and windows) shall remain
closed during business hours and/or while music is being
played.
The applicant is requesting to amend the above-referenced conditions to broadcast
music from speakers on the balcony and also via open windows and doors. Staff is
concerned about this request because the previous owners were cited on November 18,
2002 for persistent Noise Ordinance violations. In the citation, the speakers on the
patio were loud enough that they could be heard from the Historic Tennis Club Hotel
District. Staff believes that the original conditions sufficiently protect surrounding hotels
and residents from the noise. The applicant's request to play music out of speakers on
to the open air in the balcony could increase the possibility of noise violations.
However, staff recognizes that reasonable accommodations can be made that allows
the nightclub to add to the aural ambience of Downtown that enhances nightlife.
Therefore, staff supports an alternative to Conditions #4 and #5, as follows: to allow
music on speakers via open windows and doors only and not on the balcony from 6:30
P.M. to 12 A.M. Speakers are to be kept indoors at all times. Sirens and outside
paging are to be prohibited on the outdoor balcony area.
According to the applicant, 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 20
that will require increased scrutiny of the parking standards.
i
Planning Commission Staff Report February 13, 2008
Case 5.0749—CUP MAND Page 4 of 6
REQUIRED FINDINGS:
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 properly 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.
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 existing 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 4 i
require increased scrutiny of the parking standards.
Planning Commission Staff Report February 13, 2008
Case 5 0749—CUP ANIND Page 5 of 6
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 properly development standards.
Such conditions may include:
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent and
purposes set forth in this Zoning Code, including but not limited to
mitigation measures outlined in an environmental assessment.
There is no change to the existing site plan. Staff has included Conditions of
Approval to provide parameters and restrictions for the proposed uses.
CONCLUSION:
The proposed request is consistent with the use on the site and is compatible with the
General Plan and Zoning Ordinance land uses. Required findings necessary for the
issuance of a Conditional Use Permit have been made and staff is therefore
recommending approval of Case 5.0749 — CUP AMND subject to the attached
Conditions of Approval.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is
Categorically Exempt as a Class I exemption per Section 15301(Existing Facilities).
r, 7
1J
Planning Commission Staff Report February 13, 2008
Case 5.0749—CUP Ah1ND Page 6 of 6
ga errs hdez ai g, AICPutanner Direc ar of Plan n Services
Attachments;
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City of Palm Springs
Planning Commission Minutes
of February 13, 2008
PUBLIC HEARINGS:
6. Case 3.3167 MAJ / 7.1285 AMM (Rosa Gardens) - An application Deser-t
Highland Associates, LP for construction of a 2-s 59-unit
affordable housing apartment complex on approximately 4.54 res located att
the northwest corner of Mc Carthy Road and Radio Road, Z R-2, Section Set,
APN: 669-420-009. (Project Planner: Christopher Brown ontract Planner)
Edward Robertson, Principal Planner, provided background i rmation as outlined in the
staff report dated February 13, 2008.
Chair Marantz opened the Public Hearing-
-Brian Peulicke, Coachella Valley Housin Coalition, provided further detai I s
and addressed the LEED certification, playgr nd safety, the bicycle storage facility
and solar implemention for the common are
-Gwen Pugh, architect for the project, p ided details on the building, ventilation and
mechanical equipment_
-Brian Peulicke, applicant, stated co ition #90 regarding the drainage on this property
would be a burden and requested t i condition remain open for discussion
-Gwen Pugh, architect, requeste a change in the bedroom count (a reduction in the two-
bedroom units by one (from 23 22 units) and an increase in the three-bedroom units by
one (from 23 to 24 units) an mphasized that the parking is more than adequate.
There being no further a earances, the Public Hearing was closed
Mr. Robertson req ted deletion of condition #2 since the applicant has met the
condition. Mr. Ew' g noted that staff does not have a problem with the request to change
the bedroom c nt since staff will be following-up on the required parking during plan
check proses
M/S/C (R' glein/Cohen, 7-0) To adopt Mitigated Negative Declaration and approve Case
3.3157 AJ and Case 7.1285 AMM, subject to Conditions of Approval, as amended:
-D to condition #2.
ange in bedroom count to 22 two-bedrooms and 24 three-bedrooms.
7. Case 5.0749 CUP AMND - An application by Victoria Randall on behalf of
Mixie's Boy Bar to amend an existing Conditional Use Permit to change club
music format, extend operating hours and allow broadcast music on speakers
in the patio located at 120 South Palm Canyon Drive, Zone CBD, Section 15,
APN: 513-144-002. (Project Planner: Bryan Fernandez, Assistant Planner)
City of Palrn Springs
Planning Commission Minutes
of February 13, 2008
Bryan Fernandez, Assistant Planner, provided background information as outlined in 07e
staff report dated February 13, 200&
Chair Marantz noted that she can hear the music from the street when driving by.
Commissioner Conrad provided a background history on the conditions placed on thee
previous business.
Commissioner Ringlein noted her concern with second level amplified music an d
requested further review of the noise ordinance.
Chair Marantz opened the Public Hearing-
-Victoria Rendall, applicant, provided further details on the music format, volume control,
the outdoor speakers, and the expense to maintain the doors open.
There being no further appearances, the Public Hearing was closed.
Commissioner Caffery noted that he served on the Planning Commission when the original
Conditional Use Permit came before them and an acoustic study was conducted which
identified the bass tone from the second level source as a distraction for the
neighbors. Mr. Caffery stated that he is not opposed to the project as long as the volume
is controlled during the late hours of operation, a maximum of one year term is imposed on
the Conditional Use Permit and that proper noticing to the neighborhood is provided.
M/S/C (Conrad/Cohen, 7-0) To approve, subject to Conditions of Approval, as amended-
-One (1) year review and reconsideration or revocation of the Conditional Use Permit.
-The Conditional Use Permit to go before the Planning Commission if three (3) or more
noise complaints are received or at Commission request.
8. COMMISSION WORK PROGRAM: Work Program Prior' ' nd
Subcommittee Assignments
Mr. Ewing provided details on a future study se onsisting of an orientation to discuss
the zoning ordinance.
9. COMMISSIO AFF REPORTS AND REQUESTS:
Non e reported. S
RESOLUTION NO, 7115
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALKI 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 properly 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 i u
with the approval of a Conditional Use Permit in the CBD zone.
Planning Coaamssion Resolution Pebruar�, 13, 200£
Casc: +.0749—CUP ALIND 120 S Palm Can,,,-on Drivo P ige 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 to 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.
41) 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 f)ropo,,,ed 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 27
e. Requiring street, service road, or alley dedications and improvements or
appropriate bonds
f. Regulation of points of vehicular ingress and egress
! tknrr.-,a n,o f - -• I -
Planning Commission Resolutionart' 13 N@8:
Cage 5 0749—CUP AMND 120 S Balm Canyon Drive ._ Pape 3 of 3
h. Requiring landscaping and maintenance thereof -IS_ y `I't A+,
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed ,
m. Duration of use
in. 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 131h 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 ,t Plann' g ervices
:_ 3
CITY OF PALM SPRINGS I
APPROVED BY PLANNING POMMISS _
Case # ScaY�~�pate Init
i f J EXHIBIT A
APPROVED BY CITY COUNCIL CASE 5.0749-CUP AMND
Case# Date Initial. MIXIE'S BOY BAR
Resolution-# ___ _ Ordinance#. ___. 20 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 Attorney.
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 A11. to 2 A.M., Sunday through Saturday.
5. Maximum of 100-person seating.
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.
r
Planning Commission Cono �s of Appiri al ' 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 effe(A.
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.
1 a. 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 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 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
of approval or the permit shall become void. Extensions of time may be 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 approval. Permits will not be issued until the appeal period
has concluded.
END OF CONDITIONS
30
I
RESOLUTION NO . 4535
OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVINC CASE
5 . 0749 TO ALLOW A BLUES AND JAZZ COCKTAIL
LOUNGE AT 135 EAST TARQUITZ CANYON WAY (PlJiZA
LAS FLORES) , CBD ZONE, SECTION 15 .
WHEREAS, Kal David and Lauri Bono, (the "Applicants") filed an
application with the City pursuant to section 9402 . 00 of the
Zoning Ordinance for a Conditional Use Permit to alloy: a blues
and jazz cocktail lounge at 135 East Tahquitz Canyon Way, CBD
Zone, Section 15 ; and
WHEREAS, Notice of a Public Hearing of the Planning Commission of
the City of palm Springs to consider an application for
Conditional Use Permit 5 . 0749 was published in accordance with
applicable law; and
WHEREAS, on June 18 , 1997, a public hearing on the application
for Conditional Use Permit 5 . 0749 was held by the Planning
Commission in accordance with applicable law; 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 CEQA, the Planning Commission finds
that this project is categorically exempt from
California Environmental Quality Guidelines
(CEQA) .
Section 2_: Pursuant to Zoning Ordinance Section 9402 . 00, the
Planning Commission finds that :
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 the City' s zoning ordinance .
b. The use applied :for is necessary or desirable for the
development of the community, and is not detrimental to the
existing or future uses specifically permitted in the zone
in which the proposed use is to be located.
C. The proposed use is consistent with the General Plan
and will complement existing and proposed uses in the
vicinity.
d. The site for the intended use is adequate in size and
shape to accommodate said use, including yards, setbacks,
walls or fences, landscaping and other features required in
e , Although the Department of hlcoholic Beverage Contiol
has determined that there is an over-concentration of liquor
licenses in the downtown, the proposed use is a service that
will. provide for the necessity and convenience of the
community. Furthermore, this use is in keeping with the
festival retail development plan for the downtown area.
f . The conditions to be imposed are deemed necessary.to
protect the public health, safety and general welfare, of
the existing neighborhood in which this project is situated.
NOTI, THEREFORE, BE IT RESOLVED that , based upon the foregoing,
the Planning Commission hereby approves Conditional Use Peimit
5 . 0749 subject to those conditions set forth in the attached
Exhibit A, which are to be satisfied prior to the issuance of a
Certificate of Occupancy unless otherwise specified.
ADOPTED this 18 day of June , 1997 .
AYES : Jursky, Fontana, Marantz, Duffy.
NOES :
ABSENT:Raya, Foster,
ABSTENTIONS : Malls
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Mwl
Secretar , Planning Commission Chairman, Plannin Commission
� w
-E }
EXHIBIT '° �x• t IK ' i
CASE 5 - 74 9 kkL,
CONDITIONS 'OF �P
Befoie final acceptance of the project , all conditions listed
belo%,: 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 Attorney.
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 . Additionally, the hours of operation
and type of music, jazz and blues, shall be maintained for
the life of this permit .
Ia . 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 employee, Lo 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. The City
of Palm Springs i':ill 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
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 further
indemnification hereunder, except, the City' s decision to
settle or abandon a matter following an adverse judgement or
failure to appeal , shall not cause a waiver of the
indemnification rights herein.
2 . Separate architectural approval and permits shall be
required for all signs . A detailed sign package shall be
submitted for review and approval by the Planning Commission � 3
prior to issuance of building permits . All signs shall 1
cornpllr 't•:ith Section 9320 . 00 of the zoning Ordinance .
3 . The street address numberina/1 ,-t-1-PY-1nr*
4 . No .sirens, outside paging or amplified music shall be
permitted nn the outdoor balcony area.
5 . All exterior openings (doors and windows) shall remain
closed during business hours and/or while music is being
played .
6 . No outside storage of any kind shall be permitted.
7 . Any exterior modifications or improvements shall be
submitted under an Architectural Review Application for
review and approval prior to work being done .
8 . All entertainment noise (indoor and outdoor) shall comply
with the City' s Noise Ordinance at all times . A registered
acoustical consultant , acceptable to the City, shall
evaluate the proposed site, building improvements, and
conditions, and shall recommend acoustic mitigation measures
for the interior space to ensure the project complies with
the Noise Ordinance. Such report shall be submitted and
approved by the Building official prior to issuance of a
building permit .
9 . This CUP is issued exclusively for the owners listed in this
application and any ownership change is subject to review
and approval by the City.
POLICE DEPARTI4ENT:
10 . Developer shall comply with Section II of Chapter 8 . 04 of
the Palm Springs Municipal Code .
WASTE DISPOSAL SERVICES :
11 . The location of the trash enclosure is acceptable subject to
approved construction details approved by the Director of
Building and Safety consistent with approved City details.
BUILDING DEPARTI4ENT:
12 . Prior to any construction on-site, all appropriate permits
must be secured.
3�
David Newell
From: Dennis Graham
Sent: Wednesday, April 27, 2011 10:04 AM
To: David Newell
Subject: Space 120
David,
The calls listed below have been logged within the past year in the event history for that location. PD regularly
conducts "bar checks' or"stands by for closing", but those activities are not included below. The following list
is of calls during the past year other than routine bar checks:
1104P-4482 An off-duty Border Patrol agent overheard a female talking about her fake ID. She was not
located.
1104P-1653 Another report of fake IDs. Unable to locate again.
1103P-5247 A Marine was attacked in the bathroom by two suspected gang members, who then threw
glass bottles at him, causing a head injury.
1102P-5014 Hispanic male reportedly assaulting a female. Victim was not located.
1102P-0783 Reported group of people fighting inside the bar. Victim declined prosecution.
1009P-4913 Domestic battery occurred inside the bar. Misdemeanor arrest.
1008P-2958 A man left the bar and was attacked by two suspected gang members. Two were issued
misdemeanor cites for Disturbing the Peace.
1006P-4876 Grand theft. Purse & contents reportedly stolen from inside the bar.
1004P-5657 Officers monitoring bar closing witnessed subjects fighting nearby. One arrested for felony
battery, but no indication it was related to Space 120.
1004P-2239 Space 120 employees flagged down police and pointed out a drunk female who had been
elected earlier. Arrested for public intoxication.
1004P-2230 Several subjects were causing a disturbance inside. Doorman requested help from police to
have them ejected. No report.
PD has requested ABC agents to conduct compliance/enforcement details; the results of those details have
not been forwarded to PD.
At the very least, the business should be required to develop a security plan for approval by the City Planning
and Police Departments.
Thank you,
Dennis Graham
Acting Captain
Palm Springs Police Department
Tel: 760-323-8121 35
Fax: 760-323-8176
Page 1 of 1
Cindy Berardi
From: Marshall Roath [roathdesign@earthlink.net]
Sent: Friday, March 11, 2011 10.55 AM
To: CityClerk
Cc: 'Harlan, Jim'; 'Larry Pilcher'; 'Laws, Richard': Roath, Marshall', 'Pon lamele'; 'Sheryl Hamlin'; 'Tysen, Frank'; 'Van
Dyck, Cristina', 'Wachs, Brian'
Subject: To the Planning Commission
Planning Commissioners,
have attached a paragraph from the notice regarding addition of speakers to the deck and extending the hours of operation for
Space 120.
1 have a few questions about this application. I was under the impression that the noise ordinance would not allow outside
speakers. The ordinance also restricts music to be played until 10:OOPM The noise ordinance was established because of
complaints from the HTCNO and amplified entertainment has been a major concern of the neighborhood. I believe that I
remember the former tenant of this space applying for amplified music and being denied. Since we have a law that directs
business and planners on how to operate in this area isn't changing or adding to the CUP planning by exception? We have to
remember that this business is on the second floor and faces west.
Marshall Roath, Chair HTCNO
_i ne purpose oT Tne nearing Is to upaate the running c;ommisslon on a prevlouslly approv
amendment to an existing Conditional Use Permit to change club music format and alk
placement of speakers in the patio at 120 South Palm Canyon Drive, Zoned CB
Additionally, the owner has submitted a new amendment to allow Modified operating hot
beyond 2-00 A.M.
:y
LrI -00
�cl r rr
rC Z4
L� CO
.� s
Planning Commission Minutes
May 25, 2011
3. PUBLIC HEARINGS:
3A. Case 5.0749 CUP-A (Space120) - To consider revocation or modification of a
Conditional Use Permit to operate a cocktail lounge located at 120 South
Palm Canyon Drive, Zone CBD, Section 15. (Project Planner: David A.
Newell, Associate Planner) (Continued from the meetift5of April 27, 2011.)
David Newell, Associate Planner, provided background ip'f"tir'niation as outlined in the
staff report dated May 25, 2011. =
Officer Chad Nordman, (responding to questions ( �the Commis-- , explained that
Space 120 provides different types of music ytid noted that the ma of problems
seem to occur during "Hip Hop" night. Officef rdman recommended entation
of a security plan to help alleviate problems Barad prvided details the types
of incidents that have occurred at the bar.
Chair Caffery opened the public hearift
Angelo Serio, owner, distributed a co r o �a i aft secuqty plan and explained that
many changes would be taking place irludit fnar�agement, different types of
music, a more stringent sbode and a s- &ity plad`.";;_
-Sheryl Hamlin, Palm pri _ uestioned how many}exceptions would be made for
outdoor noise and MWested utdoor mum be allowed.
-Rex Olaires, reprfng S 6ello Property.-_Management, spoke in opposition to
the revocation of the C[ -Knot 4. t-it=would be a financial hardship to the tenant and
landlord. - _. :;i,_ '==� _,
-Martha_ 1g ins;�`..,_
gg senWessmen Development, (landlords), spoke of the
tena willingness ' rn ly Jhe requirements and requested approval of the
Co Use Permit.
-Frank n, Historic '- --ub lennis Club Neighborhood Association, (vice-
chairman), . in oppo ' n to the outdoor speakers and requested revocation of the
Conditional U rmit.
-John Tymon, gs, spoke in favor of modifications to the Conditional Use
Permit and sugges outdoor speakers be allowed.
-Angelo Serio, appli nt, responded to questions from the Commission pertaining to the
inception of the security plan and changes to the venue.
There being no further appearances the public hearing was closed.
The Commission discussed the appropriate length of time for a review period, existing
conditional use permit and the implementation of a security plan.
37
3
Planning Commission Minutes
May 25, 2011
ACTION: To recommend to the City Council to modify the Conditional Use
Permit (CUP) as follows:
-The Conditional Use Permit shall be reviewed by the Planning Commission six (6)
months and twelve (12) months from the date of City Council action.
-if three complaints are received revocation of the Conditional Use Permit will be
recommended to the City Council.
-Within 30 days of City Council action, the applicant shall i ent a security plan
which has been reviewed and approved by the Director of_,_ anning Services and the
Chief of Police.
-Condition No. 2 of Planning Commission Resoluti 71 i `�iall be deleted. No
amplified speakers or other sound amplification eq ' ' .t is peed on the outdoor
balcony.
-Consider revocation of the CUP if the applica as not progressed'r14
ftrds receiving
approval of a security plan prior to the Ci_ ncil p lic hearing. ' - �n Tracy
Conrad, seconded by Leslie Munger and una usl i tried on a ro call vote.
A recess was taken at 2:24 p.m. _
T
The meeting resumed at 2:36 p.m. y -
P'
3B. Case 5.1263 - A t by Wess oldin LC for consideration of a
draft Developm#I - ent to re vate an -remodel the existing Desert
Fashion Raj accor ce with thlAuseum Market Plaza Specific Plan
(Case 5.120r4) � ed a e intersecti "f North Palm Canyon Drive and
Tahquitz Canyon- d r rties.
notes :business-related conflict of interest and would not be
Commisiirier Kltp
partic ing in the di ion ��x ode. He left the Council Chamber at 2:23 p.m. for
the r6 - er of the me ' I
Commissio onrad no a property-related conflict of interest and would not be
participating in discus _ n and vote. She left the Council Chamber at 2:23 p.m.
Director Ewing pro background information as outlined in the staff report dated
May 25, 2011.
Douglas Holland, City Attorney, reported that there has been dialogue and negotiations
between members of the City Council and Wessman Development aimed at the
revitalizing of the existing Desert Fashion Plaza and the Town & Country properties.
Mr. Holland stated that both parties have determined that a Development Agreement is
an appropriate vehicle for establishing the terms that would move the project forward.
� 8
4
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
, PLM
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u
EFM
City Council
Meeting Date: July 6, 2011
Subject: Space 120 Located at 120 South Palm Canyon Drive
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on June 25, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
',L", )
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the
City Clerk on June 22, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
A�V�'
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on June 22, 2011, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (40 notices)
I declare under penalty of perjury that the foregoing is true and correct.
A-
Kathie Hart, CMC
Chief Deputy City Clerk
33
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California ss: No.2m
NOTIeE
County of Riverside CITYC L HEARING
CITY CITY
CASE 5.0749-CUP AM -REVOGATION OR _
MODIFICATION OF AN INGCONDITION-
AL USE PERMIT r-OR BAR/NIGMTOLUS
Advertiser: (CuRRENRY(MOWN I.00AT-
fD AT720 SOUTH P C W
CITY OF PALM SPRINGS/LEGALS NOTICE IS HEREBY 61 N that the City Owalcd
BgFcof Palm TGAwdn:a:-w+NlnMa
PO BOX 2743cat e The
ffitS�e�4In the
PALM SPRINGS CA 922632 3200 East TatlquthThe rg
p' pgd SB rvi Coodiaow UWJ%T"
to op&a1t�a 9erlm/,n Iub(wn9mNDistrid
knoWn as
2000268636 asicBD)at t2o; palm Canyon Drive.
I am over the age of 18 years old, a citizen of the United -
States and not a party to, or have interest in this matter. I I vqM
- -
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel) i f
in each and entire issue of said newspaper and not in any r�_
supplement thereof on the following dates,to wit:
c Put u
Newspaper: .The Desert Sun ,;.•..m;�am� `� �°"'"_
6/25/2 011 - ENWRONMENTAL ca(eMppINrwAgTION The pro}
act has been dec WCEOAperIN empttaa
Class I exerrlotion EOA �Enviro�
ErJ5301
stiy,p FacBBPoes1 118S., a EmrironrronMl
REVIEW OF PR CT INFORMATION: The
staff report and - r 8udti�dp9erdingthis avail re-
review
at Cl1y-Nea .the hours of 8:00 a.m.and
I I Ao a:m.and b 2:00 p.m.and 6:00 p.m.
. PlsaeaaadaUtheOf-
1i ythe C C (760) 323-82M 1f you
I acknowledge that I am a principal clerk of the printer of would like to sWed le an appointment to review
The Desert Sun, printed and published weekly in the City these documents Re
of Palm Springs, County of Riverside, State of California. aoMMENT ON APPUCATbN: pw1di
to this notice may made verbally at me
The Desert Sun was adjudicated a newspaper of general Hearing andlor in 'ngbeforetheh"ling.Writ-
circulation on March 24, 1988 by the Superior Court of the loercomments lo May dellnliedvery)to:City Councl by
County of Riverside, State of California Case No. dames Thompson ay Clerk
191236. 3200 SpTringsu A Way
Palm
Arty challenge of ,proposed pro)ecl in court
declare under penalty of perjury that the foregoing is true be limited ted
o ngobeding_sssotice,ues sin
P Y P 1 rY 9 9 pubfic hea` described in iMs notice,or in
written correapon rice dtlelivered to the City Clerk
and correct. Executed on this 25th day of June, 2011 in ale ar prior fo w2ll1) hearing. (Government
Code 3action 850 �tt2
Palm Springs, California An opportunity wi be given at said hearing for al
imeresled pe m be heard. Questions regard-
ing ihiscase may, directed to David Newell,As-
satiate Planner, (760)323-8245.
Si neceska ayyr is con f can=favor��Items
�.
ms(P7"Th -
Natline Fiegerre ore
Jam¢s.Thompsan,Citty Clerk.
Dec*anfE'Siggaturela1ed' d
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NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.0749-CUP AMEND --- REVOCATION OR MODIFICATION OF AN EXISTING
CONDITIONAL USE PERMIT FOR THE BAR / NIGHTCLUB
(CURRENTLY KNOWN AS SPACE120),
LOCATED AT 120 SOUTH PALM CANYON DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of July 6, 2011. The City Council meeting begins at 6:00
p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the hearing is to consider the revocation or modification of a Conditional Use
Permit to operate a bar / nightclub (currently known as Space 120) within the Central
Business District Zone (CBD) at 120 South Palm Canyon Drive.
ENVIRONMENTAL DETERMINATION: The project has been declared categorically exempt
as a Class I exemption from CEQA per Section 15301 (Existing Facilities) of the California
Environmental Quality Act (CEQA) guidelines.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this project are available for public review at City Hall between the hours of 8:00
a.m. and 11:00 a.m. and between 2:00 p.m. and 6.00 p.m. Monday through Thursday.
Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an
appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the
Public Hearing and/or in writing before the hearing. Written comments may be made to the
City Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues
raised at the public hearing described in this notice, or in written correspondence delivered to
the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to David Newell, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede
hablar con Nadine Fieger telefono (760) 323-8245.
ia-mes Thompson, City Clerk
40
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Department of Planning Services W E
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.,.a.N Vicinity Map S
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TAHQUITZ DR E TAHQUITZ CA ON WY
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Legend o
— — - City Limits
400 Foot Radius
Project Site ARENAS RD
Surrounding Parcels ARENAS RD
CITY OF PALM SPRINGS
DESCRIPTION: To consider the revocation or
CASE NO: 5.0749 CUP AMND modification of a Conditional Use Permit to operate a
bar / nightclub (currently known as Space 120) within
APPLICANT: Space120 the Central Business District Zone (CBD) at 120 South
Palm Canyon Drive, Section 15. APN: 513-144-002.
41
City of Palm Springs
y
Office of the City Clerk
` A)0 E. T.ih(_juitz Canvnn Wav • Palm tiprines. CA 92'6'
TU (-(,0) 123-S'04 • Fa\ (-(-)0) TDD: f-60)86-4-952-
June 22, 2011
Ms. Claudia Salgado
Bureau of Indian Affairs
P. O. Box 2245
Palm Springs, CA 92263
Dear Ms. Salgado:
RE: City Council Meeting -July 6, 2011
Space 120 (Bar/Cabaret) located at 120 S. Palm Canyon Drive
The City Council of the City of Palm Springs will be conducting a public hearing relating to the
above referenced on July 6, 2011. Enclosed are copies of the public hearing notice to be
forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location.
APN ALLOTMENTID
508-053-003 T1012
508-081-008 117EE & 118E
Please feel free to contact me if there are any questions or concerns, 323-8206.
Sincerely,
Kathie Hart, CIVIC
Chief Deputy City Clerk
/kdh
Encl: Public Hearing Notices (5 copies)
Post Office Sufi 2-43 0 Palm Springs, California 92263-`4
PALM
a cy, s
U City of Pah-ri Sprit
Jffice of the Citt (_Iurk
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Lr, C-1 1 0 F',111'
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June 9, 2011
Mr. Angelo Serio
Owner of Space 120
120 South Palm Canyon Drive
Palm Springs, California 92262
RE: Case No. 5.0749 CUP AMEND
Cocktail Lounge
at 120 S. Palm Canyon Drive
Dear Mr. Serio,
On May 25, 2011, the Planning Commission at its public hearing meeting reviewed
the above-referenced Conditional Use Permit (CUP) and made the following
recommendations to the City Council:
• Modify the Conditions of the Permit as follows:
o The CUP shall be reviewed by the Planning Commission six months and
twelve months from the date of City Council action;
o Within thirty days of City Council action, the applicant shall implement a
security plan which has been reviewed and approved by the Directory of
Planning Services and the Chief of Police;
o 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.
• Consider revocation of the CUP if the applicant has not progressed towards
receiving approval of a security plan, prior to the Council's public hearing.
This letter will serve as your official notice that the City Council will review this
case at its public hearing meeting on July 6, 2011, at 6:00prn in the Council
Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California
92262. It is recommended that you or a representative from the business be present at
the meeting.
If you have any questions, please feel free to contact me at (760) 323-8204 or
Associate Planner David Newell at (760) 323-8245, extension 8763.
Respectfully,
CITY OF PALM SPRINGS
MES THOMPSON
City Clerk
cc: Mr. Jay Bednar, 120 S. Palm Canyon Drive, Palm Springs, CA 92262
Plaza Las Flores, 555 S. Sunrise Way, Suite 200, Palm Springs, CA 92264 43
Spinello Property Management, P.O. 1419, Cathedral City, CA 92235
P(-),,r Oft)(--e B(-)-,, 2- Palm Spriny,, CZL]Ifurnla ')22b�-243
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
CITY CLERKS DEPARTMENT
James Thompson, City Clerk
City Council Meeting Date: July 6, 2011
Subject Case No. 5.0749 CUP AMEND, Cocktail Lounge at 120 S. Palm
Canyon Drive
AFFIDAVIT OF MAILING
I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached letter was mailed to each person referenced in
the letter on June 9, 2011, in a sealed envelope, with postage prepaid, and depositing
same in the U.S. Mail at Palm Springs, California. (4 notices mailed).
I declare under penalty of perjury that the foregoing is true and correct.
Cynthia . Berardi, CMC
Deputy City Clerk
44