HomeMy WebLinkAboutCUP 91-9 Ruth's Chris Steak House and Tsing Tsao CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Philip Drell, Director of Community Development
DATE: August 22 , 1996
SUBJECT: Review of CUP 91-9 , Conditional Use Permit for
restaurants at the northeast corner of Highway 111
and Portola (Ruth ' s Chris Steak House and Tsing
Tao)
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I . RECOMMENDATION:
Initiate a formal review of CUP 91-9 by setting public hearing
before Planning Commission November 5, 1996 . Authorize staff
to retain an acoustical engineer to conduct a noise study (not
to exceed $15, 000 ) to objectively measure noise impacts on
adjacent residences and recommend mitigation.
Appropriate $15, 000 from unobligated general fund reserved for
said purpose.
II . BACKGROUND:
The conditional use permit for 8, 000 square feet of restaurant
(Ruth ' s Chris - 6 , 000 square feet and Tsing Tao at 2 , 000
square feet) was approved June 4 , 1991 . Since both sides of
Alessandro were originally approved and developed as one
project, the C.U.P. assumed availability of the parking spaces
on the north side of the street . The C .U.P. contains a
condition which provides for review by the Planning Commission
if late night noise of the restaurant activity impact San
Marino Circle residents . Three San Marino Circle homes back
onto the north side of the parking lot . We have received
complaints from two homeowners , Ray Winner and Gary Tryon.
Since most of the problems involved the valet parking service,
staff has attempted to address the impacts through our valet
parking permit process . With each annual review, the
Technical Traffic Committee and City Traffic Engineer has
attempted to respond to residents complaints by creating
permit requirements which would address the noise problems .
Mr. Winner and Mr. Tryon have participated in this process .
STAFF REPORT
REVIEW OF CUP 91-9
AUGUST 22 , 1996
As result of a video tape we received from Mr. Tryon in
January 1996 , we met with the restaurant manager and the
landlord to express our continuing dissatisfaction with the
performance of the valet service. A letter was sent from the
City Engineer to the valet operation February 9 , 1996
threatening revocation of the valet permit if violations
continue.
Ultimately this meeting and letter led to the cancellation of
the valet contract in May. A new valet service was retained
and a meeting was held with staff, the valet, the landlord,
manager of Ruth' s Chris Steak House, Mr. Tryon and Mr. Winner.
In this meeting we again attempted to isolate the specific
behavior causing the problem which range from slamming doors,
squealing tires , loud radios, loud talking, car alarms , idling
trucks and buses . The goal was to determine if a maximum
effort to eliminate all the controllable behavior and
operational impacts could solve the problem. All parties
agreed to give it one more try.
On July 28th I received a letter from Mr . Winner reporting
that conditions had not significantly improved and a video
tape similar to the one previously viewed was sent to
Councilman Crites by Mr. Tryon. The tape did not appear to
contain footage of the new valet operations .
It is clear that despite our efforts the situation remains
unacceptable to the adjacent residents . Staff is recommending
the Planning Commission hold a public hearing to review the
conditional use permit . A noise study should be conducted to
determine the exact nature of the problem and if any physical
or operational mitigation will provide an acceptable solution.
Concurrentlywith the acoustical studycode enforcement shall
monitor the lot to determine the specific causes of the noise.
With this information the Planning Commission will have an
objective basis to move towards an ultimate solution.
PHILIP RELL� CITY COUNCIL ACTIONz
PDROVED DENIED
DIRECTOR OF COMMUNITY DEVELOPMENT
ECEIVED OTHER
MEETING DATE D�� �� ,
2
VERIFIED BY: �J�4 7
Original on File with City Clerk's Office