HomeMy WebLinkAboutCC RES 2012-02RESOLUTION NO. 2012-02
A RESOLUTION OF THE CITY COUNCIL UPHOLDING THE PLANNING
COMMISSION ACTION APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT 96-20 TO OPERATE A RESTAURANT/BAR BETWEEN THE HOURS OF
11:00 A.M. AND MIDNIGHT SEVEN DAYS A WEEK IN ADDITION TO 1) PROVIDING
AN INDEPENDENT SECURITY GUARD EACH NIGHT FROM 10:00 P.M. TO 12:00
A.M.; 2) APPROPRIATE OCCUPANCY TO BE DETERMINED BY THE BUILDING
OFFICIAL TO HIS SATISFACTION AND THAT OF THE FIRE MARSHAL'S OFFICE,
AFTER THE APPLICANT'S PROVISION OF ADDITIONAL INFORMATION WITHIN
TWO WEEKS REGARDING A SEATING PLAN, INCLUDING FURNISHINGS; 3)
CLEAN-UP NIGHTLY WITHIN 100 FEET OF THE ENTRANCE TO THE
ESTABLISHMENT; 4) PROHIBITION OF OUTDOOR ENTERTAINMENT IN THE
GENERAL COMMERCIAL ZONE LOCATED AT 73-900 EL PASEO, #2.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th
day of January, 2012, hold a duly noticed public hearing to consider the request by
Guillermo D. Avalos for approval of the above noted; and
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 and by its Resolution No. 2570 approve 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 City Council
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
RESOLUTION NO. 2012-02
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. and midnight seven days a week, with a
certified, licensed security guard after 10:00 p.m.
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. on
Friday and Saturday nights. No variances or adjustments are
necessary for the project
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RESOLUTION NO. 2012-02
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 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.
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RESOLUTION NO. 2012-02
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That the City Council does hereby grant approval of Conditional Use Permit
96-20 Amendment #1, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 1291 day of January 2012, by the following vote, to wit:
AYES: BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAH LLE D. KLASSEN;JCity Clerk
City of Palm Desert, California
ROBERT A. SPI G
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RESOLUTION NO. 2012-02
CONDITIONS OF APPROVAL
CASE NO. CUP 96-20 Amendment #1
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. to midnight seven days a week.
5. The business owner must provide at least one certified license security guard
who has no other affiliation with the restaurant/bar nightly from 10:00 p.m. to
midnight enforce such things as: noise, trash, altercations, occupancy, and
excessive drinking.
6. The business owner is responsible to clean 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 will be determined by the
Building Official and that of the Fire Marshal, based on the approved seating plan,
including furnishings provided by the applicant.
9. The business owner must submit for and be granted an Entertainment Site Plan
for nightly entertainment indoors only.
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.
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RESOLUTION NO. 2012-02
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.
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 load 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.
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RESOLUTION NO. 2012-02
23. Provide fire sprinkler plans.
24. Provide fire alarm plans.
25. Provide dimensions for corridor.
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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