HomeMy WebLinkAboutRes No 2686PLANNING COMMISSION RESOLUTION NO. 2686
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AND APPROVING A CONDITIONAL USE PERMIT TO OPERATE A
NEW 5,100-SQUARE-FOOT LOUNGE/BAR LOCATED AT 73-750 EL
PASEO
CASE NO: CUP 16-310
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of December 2016, hold a duly noticed public hearing to consider the request
by Barbeau, LLC for approval of the above noted; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the City
must determine whether a proposed activity is a project subject to CEQA. If the project is
subject to CEQA, staff must conduct a preliminary assessment of the project to determine
whether the project is exempt from CEQA review. If a project is not exempt, further
environmental review is necessary. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental
Quality Act," Resolution No. 2015-75, in the Director of Community Development has
determined that the proposed project is an Article 19 Class 32: In -fill Development Projects
Categorical Exemption for purposes of CEQA and no further review is necessary; and
WHEREAS, the proposed project conforms to the General Commercial zone, the
Scenic Preservation Overlay, and the El Paseo Overlay District; and
WHEREAS, the proposed project is compatible with the uses along El Paseo since
the concept is geared towards attracting a high -end customer, who is the desired shopper
for El Paseo; and
WHEREAS, the proposed project conforms to the "City Center/Downtown"
designation within the General Plan; 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, which are outlined in the staff report reasons to
approve the said request:
FINDINGS:
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 the site is located.
The site is located within the General Commercial (C-1) zone, the Scenic
Preservation Overlay District (S.P), and the El Paseo Overlay District (E.P.). The
zoning districts are designed as a pedestrian specialty retail/personal services that
attracts and sustains pedestrian interest. The intent is to allow businesses that
create pedestrian foot -traffic such as restaurants with outdoor dining and retail uses
PLANNING COMMISSION RESOLUTION NO. 2686
that operate during the day and evening hours. The proposal for the upscale
lounge/bar use requires a Conditional Use Permit (CUP) to ensure land use
compatibility and parking demands. CUPs are discretionary and viewed on a case -
by -case basis. The surrounding properties consist of a variety of commercial uses
from restaurants, offices, and retail uses. The use of a lounge/bar would be
consistent with the land use pattern for this area. The proposed use is in keeping
with the zoning district, adjacent uses, and meets the City's Strategic Plan by adding
a use that will bring high -end customers to the "city center." The continuing success
of El Paseo will largely depend on creating a more inviting and vibrant streetscape.
The upscale lounge/bar can operate in a respectful manner consistent with the vision
and conditions have been placed on the project to ensure that the city has ample
tools to address any potential nuisance issues.
It can be determined that the approval of this CUP is consistent with the existing
uses of the site, is consistent with the permitted and conditionally permitted uses
listed for the zoning district, and conforms to all development standards contained in
the zoning ordinance.
2. That the proposed location of the conditional use and the conditions under which it
would 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 conditional use is adjacent to properties with similar zoning
designations and commercial uses. The surrounding area, which was improved with
existing buildings and parking lots, has been operating for years with various
commercial retail uses. The proposed upscale lounge/bar is a consistent use. There
are no other lounges/bars in the immediate vicinity, but all other surrounding
businesses primarily close their doors between 5:00 p.m. and 6:00 p.m. with a
couple of restaurants staying open until 11:00 p.m. The business operation of seven
(7) days a week between the hours of 6:00 p.m. and 2:00 a.m. should be compatible
and not create a negative impact such as noise to the adjacent businesses.
Additionally, based on the amount of parking and the adjacent businesses hours of
operation, staff believes that there is adequate parking available, and the use will not
create a public nuisance in regards to parking.
Building improvements and site operations will comply with all building, life safety
and environmental standards during construction and continued operations,
including: dust mitigation, storm water discharge, health licensing, and fire
prevention strategies. All building and site improvements, including enlargements to
restroom facilities, will comply with the Americans with Disabilities Act (ADA).
Therefore, the conditional use, building and site improvements will not be detrimental
to public health, safety, or welfare, and will enhance surrounding properties rather
than detract from them.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
The proposed CUP and minor building improvements comply with all applicable
development standards for building setbacks and height restrictions, parking
Res. No. 2636 CUP 16-310 Barbeau. docx
PLANNING COMMISSION RESOLUTION NO. 2686
requirements, and operational standards contained in the zoning code. The
proposed use does not require approval of any variances or adjustment.
4. That the proposed conditional use complies with the goals, objectives, and policies
of the City's general plan.
The City's General Plan designates this property as "City Center/Downtown", which
allows a variety of civic, cultural, entertainment, retail, restaurants, and other
commercial services organized along walkable streetscapes. Staff believes that the
business model for the upscale lounge/bar fits this vision since it is geared towards
attracting the high -end customer which is the desired shopper for El Paseo.
Also. the General Plan includes a Commercial Core Area Specific Plan that includes
commercial properties along El Paseo and other parts of the City. The overarching
goal of the Specific Plan is to "maximize project area's potential for high quality
economic development compatible with Palm Desert's overall community goals and
self image." The proposed use and minor site improvements comply with the
Commercial Core Specific Plan as they make a substantial investment into the
building along El Paseo.
The City's Strategic Plan also states priorities for El Paseo identified in the City's
Strategic Plan, including the following:
Land Use - Priority 4: "Create a mixed -use city core integrating shopping, dining,
lodging, and housing."
Tourism and Marketing — Priority 1: "Improve access to Palm Desert and its
attractions to enhance the ease of lifestyle."
Transportation — Priority 1: "Create walkable neighborhoods and areas within Palm
Desert that would include residential, retail, services and employment centers, and
parks, recreation and open space to reduce the use of low occupancy vehicles."
The proposed use is in keeping with the General Plan and the vision within the
General Plan, and meets the City's Strategic Plan and emphasizes on creating a
"city center/downtown."
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve CUP 16-310, subject to
conditions.
Res. No. 2686 CUP 16-310 Barbeau.docx
PLANNING COMMISSION RESOLUTION NO. 2686
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 20th day of December 2016, by
the following vote, to wit:
AYES: DE LUNA, GREGORY, and PRADETTO
NOES: NONE
ABSENT: GREENWOOD
ABSTAIN: NONE
o—cb
JEW, CHAIRPSON
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
Res. No. 2686 CUP 16-310 Barbeau.docx
PLANNING COMMISSION RESOLUTION NO. 2686
CONDITIONS OF APPROVAL
CASE NO: CUP 16-310
DEPARTMENT OF COMMUNITY DEVELOPMENT:
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. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be presented to the
Department of Building & Safety at the time of issuance of a building permit for the use
contemplated herewith.
4. Applicant shall defend, indemnify and hold harmless the city against any third party legal
challenge to these approvals, with counsel chosen by the City at applicant's expense.
5. Applicant shall clean all public areas, including street, sidewalks, landscape areas,
parking within 100 feet of the business entrances, and the El Paseo median including,
but not limited to, trash, broken bottles, and other debris within 30 minutes of the close
of business.
6. The business owner must provide at least two (2) certified license security guards who
have no other affiliation with the bar from 10:00 p.m. to 2:00 a.m. to enforce such things
as: noise, trash, altercations, occupancy, and excessive drinking.
7. The cocktail lounge bar must be current and approved by the Department of Alcohol
Beverage Control (ABC) to serve alcohol at all times.
8. If noise becomes disturbing, excessive or offensive to the residents in the area and is
reported by any five (5) unrelated persons of normal sensitivity within a year, staff will
look at modifying these conditions.
Res. No. 2686 CUP 16-310 Barbeau.docx
PLANNING COMMISSION RESOLUTION NO. 2686
DEPARTMENT OF BUILDING & SAFETY:
9. This project shall comply with the latest adopted edition of the following codes:
A. 2013 California Building Code and its appendices and standards.
B. 2013 California Plumbing Code and its appendices and standards.
C. 2013 California Mechanical Code and its appendices and standards.
D. 2013 California Electrical Code.
E. 2013 California Energy Code.
F. 2013 California Green Building Standards Code.
G. Title 24, California Code of Regulations.
H. 2013 California Fire Code and its appendices and standards.
10. All exits must provide an accessible path of travel to the public way. (CBC 1027.5 &
11B-206).
11. Detectable warnings shall be provided where required per CBC 11 B-705.1.2.5 and 11 B-
705.1.2.2. The designer is also required to meet all ADA requirements. Where an ADA
requirement is more restrictive than the State of California, the ADA requirement shall
supersede the state requirement.
12. Provide an accessible path of travel to the trash enclosure. The trash enclosure is
required to be accessible. Please obtain a detail from the Department of Building and
Safety.
13. 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.
14. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
15. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28. Compliance with Ordinance 1265 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height from
street, etc. shall be shown on all architectural building elevations in detail. Any possible
obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may
render the building address unreadable shall be addressed during the plan review
process. You may request a copy of Ordinance 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
DEPARTMENT OF FIRE:
16. Fire Department Plan Review. Final fire and life safety conditions will be addressed
when building plans are reviewed by the Fire Prevention Bureau. These conditions will
be based on occupancy, use, the California Building Code (CBC), California Fire Code
(CFC), and related codes which are in force at the time of building plan submittal.
Res. No. 2686 CUP 16-310 Barbeau.docx