HomeMy WebLinkAboutRes No 2570PLANNING COMMISSION RESOLUTION NO. 2570
PLANNING COMMISSION RESOLUTION NO. 2570
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING OF AN AMENDMENT TO CONDITIONAL
USE PERMIT 96-20 TO OPERATE A RESTAURANT / BAR RATHER THAN A
EUROPEAN STYLE WINE BAR AS WAS ORIGINALLY APPROVED IN 1996, IN A
GENERAL COMMERCIAL ZONE LOCATED AT 73-900 EL PASEO, #2.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
18th day of October, 2011, hold a duly noticed public hearing to consider the request by
Guillermo D. Avalos for approval of the above noted; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act", Resolution
No.10-26, in that the Director of Community Development has determined that the project will
not have a negative impact on the environment and that the application is a Class 3
Categorical Exemption for purposes of CEQA, and therefore no further documentation is
necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons exist to justify the approval of said request:
Findings of Approval:
1. That the proposed location of the conditional use is in accordance with
the objectives of the Zoning Ordinance and the purpose of the district
in which it is located.
The proposed location is in a General Commercial zone. The purpose
of this district is to provide specialty and general shopping facilities.
The proposed restaurant is compatible with this type of use since it
has been operating as a restaurant since 1996. The project was
approved by the Planning Commission under CUP 96-20, Resolution
No. 1754 allowing a European wine bar. Although the applicant has
not been operating under CUP 96-20 and the conditions of approval,
the use of a restaurant/bar is compatible with similar uses along El
Paseo. Staff has placed more restrictive conditions of approval on the
project that limits, nightly entertainment, hiring a certified license
security guard, and occupancy. The proposed location of the building
is in accord with the objectives of the Zoning Ordinance and the
purpose of the district in which the site is located. The restaurant/bar
will operate between the hours of 11:00 a.m. to 2:00 a.m., with a
certified, licensed security guard after midnight Monday through
Sunday.
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PLANNING COMMISSION RESOLUTION NO. 2570
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental to
the public health, safety or welfare, or be materially injurious to
properties or improvements in the vicinity.
The proposed restaurant has been operating under CUP 96-20. The
applicant is amending CUP 96-20 to continuing to operate as a
restaurant/bar. The restaurant meets all applicable requirements of the
Zoning Ordinance and will not be detrimental to general public health,
safety, and welfare or materially injurious to the properties in the vicinity
if operated as conditioned. Approval of the amendment will require
compliance with all California Building Codes and inspections must be
performed to verify compliance prior to occupancy. Parking is adequate
for the proposed activity, number of staff and customers anticipated.
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved
variances or adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance;
the organization operates a community service based use that operates
during normal business hours and throughout the night when a number
of adjacent retail businesses are closed. Existing parking is adequate
and no increase in use of infrastructure is necessary. This use will
continue to provide a service to the neighborhood in a location that will
not cause disturbances to its adjacent business owners, since staff has
conditioned the owner to hire a certified licensed security guard from
midnight to 2:00 a.m. No variances or adjustments are necessary for the
project
4. That the proposed conditional use complies with the goals, objectives
and policies of the City's General Plan.
The general plan land use designation for the site is "Community -
Commercial". A primary objective stated in the Land Use Element of
the General Plan under Commercial Goals, Policies and Programs is
Goal 1, which provides for an integrated and complementary mix of
commercial land uses that meet the day-to-day needs of local residents
and tourists. Policy 1 of the General Plan Land Use Element requires a
sufficient amount of lands be designated provide a full range of
conveniently located services to neighborhood and regional residents
along with tourist visitors.
The Circulation Element of the General Plan is meant to address and
ensure that transportation issues are addressed in a manner that limits
adverse and enhances positive impacts, and to assure that local traffic
stays local. The Circulation Element also establishes and directs actions
to maintain acceptable levels of service on all community roadways.
A goal of the City is to carefully review projects to assure neighborhood
character is protected. A restaurant is suited at this site since the
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PLANNING COMMISSION RESOLUTION NO. 2570
General Plan allows commercial uses. The restaurant will continue to
use the same built improvements, rather than constructing new ones
that would be used a small percentage of time. The restaurant currently
exists and would protect residential neighborhoods from traffic and
parking impacts, as well as preserve safety for residents.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is consistent
with the General Plan in respect to the appropriate use of a restaurant in
the proposed location. The business is compatible with surrounding land
uses, and is effectively located along a primarily retail street where it will
not cause any disturbances to adjacent businesses. Additionally, both
restaurant and retail businesses may prosper by being located adjacent
to one another.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That the Planning Commission does hereby grant approval of Conditional
Use Permit 11-297, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 18th day of October 2011, by the following vote, to wit:
AYES: DE LUNA, LIMONT, DASH AND TANNER
NOES: NONE
ABSENT: CAMPBELL
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
'SONIA CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2570
CONDITIONS OF APPROVAL
CASE NO. CUP 11-297
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development/Planning, as modified by the following
conditions.
2. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein, which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force
3. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
4. Hours of operation are from 11:00 a.m. and midnight. Monday through Sunday.
5. The business owner must provide at least one certified licensed security guard who
has no other affiliation with the restaurant/bar from 10:00 p.m. to midnight to enforce
such things as: noise, trash, altercations, occupancy, and excessive drinking.
6. The business owner is responsible for cleaning public areas including street,
sidewalks, landscape areas, parking areas, and El Paseo median of trash, broken
bottles, bodily fluids, and other debris within thirty minutes of the close of business to
a distance of 100 feet from the business entrance.
7. No more than 12 seats are allowed on the outdoor patio.
8. Maximum Building Occupancy for the restaurant is 44 people determined by the
Building Official.
9. The business owner must submit for and be granted an Entertainment Site Plan for
nightly entertainment.
10. The restaurant shall have a maximum of 5 employees.
11. The restaurant must be current and approved by the Department of Alcohol
Beverage Control (ABC) to serve alcohol at all times.
12. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
13. Any future general commercial use shall provide a minimum of 4 off-street parking
spaces per 1,000 square feet of use or receive approval of a conditional use permit
prior to approval of its use.
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PLANNING COMMISSION RESOLUTION NO. 2570
14. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
2010 CALIFORNIA GREEN BUILDING CODE
15. The scope of this project requires an architect or engineer licensed by the State of
California.
17. A complete building analysis must be provided to justify the total number of
occupants for exiting per CBC Chapter 10, including travel distance, emergency
lighting through to the exit discharge, egress width, panic hardware, Table 1004.1.1
breakdown, etc. Also the occupant Toad for the interior and exterior areas combined
must be limited to 100 based on the sanitation facilities provided per the submitted
material, (CPC Table 4-1).
18. All exits must provide an accessible path of travel to the public way. (CBC 1027.6 &
1127B.1)
19. An increased occupant Toad must increase the number of parking spaces required
for this use. The number of accessible spaces required may also be required to be
increased as well.
20. Accessibility requirements must be addressed as required by CBC Section 1134B.
21. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
22. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
23. Provide fire sprinkler plans.
24. Provide fire alarm plans.
25. Provide dimensions for corridor.
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PLANNING COMMISSION RESOLUTION NO. 2570
26. Provide detail for panic hardware at both ends of corridor.
27. All exits doors shall open in the path of egress.
28. Plans shall reflect all small tabled in dining area.
29. Plans shall reflect any chairs / stools at bar.
30. Plans do reflect tables & chairs at patio area.
31. Provide illuminated exit sign in the corridor and bar area.
32. Provide accurate occupant load from the Palm Desert Building Department.
33. The rear corridor shall be maintained clear of any storage at all times. Provide plans
with all corrections to the Palm Desert Fire Marshal's Office.
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