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HomeMy WebLinkAboutRes 04-70 CUP 97-7 Amendment 3 Roc's Firehouse Grille 73405 El Paseo 32A Rer--'•-tion No. 04-70 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration of a City Council request for review of a decision of the Planning Commission approving an amendment to the existing conditional use permit to allow Roc's Firehouse Grille, located at 73- 405 El Paseo #32A, to operate from 9:00 a.m. until 2:00 a.m. daily. SUBMITTED BY: Steve Smith, Planning Manager APPLICANT: Roc's Firehouse Grille 73-405 El Paseo, #32A Palm Desert, CA 92260 CASE NO: CUP 93-7 Amendment #3 DATE: June 24, 2004 CONTENTS: Executive Summary Discussion Planning Commission Resolution No. 2273 Planning Commission Minutes of June 1, 2004 for CUP 93-7 Amendment #3 Planning Commission Staff Report dated June 1, 2004 Staff Recommendation: That the City Council adopt Resolution No. 04-70 affirming the Planning Commission decision and adding a condition reserving the right to impose future conditions necessary to mitigate identified impacts. Executive Summary: Roc's Firehouse Grille has operated since June 1, 2001. For the past 19 months it has operated between the hours of 11:00 a.m. until 2:00 a.m. The applicant was apparently unaware of the CUP condition limiting the hours until 11:00 p.m. Staff Report Case No. CUP 93-7 Amendment #3 Page 2 June 24, 2004 There were two noise complaints filed in November 2002 and January 2003. There have been no complaints filed with Code Compliance since January 2003. At the Planning Commission hearing, 18 people spoke in favor and four persons in opposition. Planning Commission determined that Roc's is a well -run business which contributes to the success of El Paseo. Allowing Roc's to remain open until 2:00 a.m. addresses the needs of late night service workers. The three (3) hours of operation from 11:00 p.m. through 2:00 a.m. represent 34% of the restaurant's gross revenues without which the business cannot survive. Accordingly, Planning Commission on a 5-0 vote approved the requested amendment, subject to conditions. Discussion: BACKGROUND: July 6, 1993 the City approved a request by the Sandwich Board to permit a restaurant use in the subject suite. The Sandwich Board closed during 1995 and Kacoon's opened and was permitted to operate under CUP 93-7 which runs with the unit. December 7, 1999 the Planning Commission approved a request by Kacoon's to expand the business hours to 9:00 a.m. until 11:00 p.m. While Kacoon's operated, there were complaints related to amplified music on the patio. A current condition of approval limits entertainment to two non - amplified acoustical guitar players/singers between the hours of 5:00 p.m. and 9:00 p.m. daily. No change to the entertainment condition is requested. While Roc's has operated, there have been no complaints to the Code Compliance Department related to onsite entertainment. Roc's Firehouse Grille opened this location June 1, 2001. In its three years at this location it has attracted a cross section of patrons ranging from police and Staff Report Case No. CUP 93-7 Amendment #3 Page 3 June 24, 2004 fire personnel to professionals in various fields. Roc's offers an enjoyable atmosphere and provides late night quality yet affordable food. Roc's has operated until 2:00 a.m. for at least the past 19 months as they apparently were unaware of the CUP restrictions requiring that they close at 11:00 p.m. In doing so, they have provided us with an opportunity to determine the real impacts which we could expect if this request is approved. In November 2002 and again in January 2003 there was a noise report from a residential neighbor to the southwest of the premises complaining of noise from patrons talking on the patio and the patrons walking to vehicles parked on Lupine and in the south parking lot. At that time Code Compliance spoke with Mr. Cook, the owner of Roc's, seeking cooperation in limiting the noise of his patrons. As of March 10, 2003, Code had not received any new noise complaints and closed the file. May 18, 2004 Planning staff spoke to the residential neighbor who filed the November 2002 complaint. She described the problem as "a horrible nuisance" and indicated that she had moved to a quieter location. As part of this review we asked Assistant Chief of Police Thetford for a report. Assistant Chief of Police Thetford notes that the Police Department is not opposed to the extended hours. He feels that it could result in a minimal increase in service calls regarding noise complaints due to its close proximity to the residential area to the south and west. He notes that over the past few months the operator has worked hard at limiting noise from the patio and in the parking lot. He encourages the owner to continue to monitor the noise level and patrol the parking area. The original noise complaint involved Roc's patrons who parked on Lupine adjacent to the Sandroc condominium residences. The curb on the east side of Lupine was painted red three years ago. June 1, 2004, in response to a request by the adjacent Homeowners Association, the curb on the west side was painted red eliminating patrons from parking close to residences. They will park on El Paseo or in the south parking lot. This will further serve to reduce any late Staff Report Case No. CUP 93-7 Amendment #3 Page 4 June 24, 2004 night noise impacts (i.e., doors slamming and people talking) in close proximity to the residences. Mr. Cook, the applicant, noted that this amendment is important to his business because 34% of his total sales occur after 11:00 p.m. As a small business with lower overhead he can afford to stay open when other larger restaurants must be closed. The 18 people who spoke in favor of the request before Planning Commission included employees, patrons and residents of the nearby condominiums. They noted that: 1. Roc's is a clean, safe, well -run business. 2. Expanded hours would provide a needed community service. 3. Roc's provides good quality food after most restaurants are closed. The four persons who spoke in opposition were residents of the nearby condominiums and indicated that they had concerns relating to: 1. Vehicles parking on their lawns. 2. Patrons fighting. 3. Motorcycle and truck noise. 4. Patron noise. 5. Brings a bad element into the area. 6. Loud music. Pursuant to the ordinance, we notified property owners within 300 feet of this request for review, as well as the businesses in the center. CEQA ANALYSIS: Amending a condition to extend business hours is a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. CONDITIONS OF APPROVAL: In its consideration of this application the Planning Commission modified and eliminated certain staff recommended conditions of approval relating to an Staff Report Case No. CUP 93-7 Amendment #3 Page 5 June 24, 2004 annual review of the permit by Planning Commission and ongoing noise surveys to be conducted at the applicant's expense. In doing so, the Commission inadvertently removed the City's ability to monitor the operation and impose conditions to mitigate significant noise impacts. Since we can only enforce conditions identified in the conditional use permit, we recommend that a condition be added reading: "That the City reserves the right to impost future conditions necessary to mitigate future impacts." CONCLUSION: Based on the testimony and the complaint history, the Planning Commission determined: 1. That the noise impacts between 11:00 p.m. and 2:00 a.m. are not unreasonable. There have been no complaints filed in the past 18 months. After being notified, the applicant has apparently addressed the problem. 2. That with the red curbing of both sides of Lupine Lane adjacent to the residences noise impacts associated with parked vehicles (slamming doors and people talking) will be eliminated. 3. Roc's provides a needed service to local service employees. 4. Nearby residents support the application. 5. People who choose to live next to commercial businesses should not have the same expectation of a quiet environment as someone being in a more remote area of the city. Accordingly, staff recommends that the request be approved subject to conditions. The conditions will require that the parking lot be patrolled by restaurant personnel between 10:00 p.m. and 2:00 a.m. daily and that Roc's post signs on the patio and in the restaurant admonishing patrons to limit noise Staff Report Case No. CUP 93-7 Amendment #3 Page 6 June 24, 2004 in the patio and parking lot after 10:00 p.m. The City will be periodically monitoring the situation to determine impacts. Staff has added a condition to the draft resolution whereby the City reserves the right to impose future conditions necessary to mitigate identified future impacts. Submitted by: Department Head: Steve Smith Phil Drell Planning Manager Director of Community Development Approval: Approval: Homer Croy Carlos L. 0 ga ACM for Devel ent Services City Manager CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER MEETING DATE • AYES: QPj Ln />/ ��//c ICYI �� �y / NOES: J J AH S ENT: ABSTAIN: I�✓ VERIFIED B : / (Wpdocs\tm\sr\cup93-7a.cc3) Original on File with City Clerk's Office RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AFFIRMING THE ACTION OF THE PLANNING COMMISSION AMENDING PLANNING COMMISSION RESOLUTION NOS. 1625, 1736 AND 1961 PURSUANT TO A REQUEST TO EXTEND THE HOURS OF OPERATION AT 73-405 EL PASEO, SUITE 32A. CASE NO. CUP 93-7 AMENDMENT #3 WHEREAS, the Planning Commission, by its Resolution No.2273, did approve an amendment to the hours of operation relating to Roc's Firehouse Grille, Case No. CUP 93- 7 Amendment #3; and WHEREAS, a member of the City Council pursuant to Municipal Code Section 25.86.040 did call up for review the Planning Commission action in the matter of Case No. CUP 93-7 Amendment #3; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of June, 2004, hold a duly noticed public hearing to consider a request for view of the Planning Commission action relating to Case No. CUP 93-7 Amendment #3; 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. 02-60," in that the Director of Community Development has determined that the requested amendments are a Class 5 categorical exemption for purposes of CEQA; 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 to exist to justify the granting of said conditional use permit amendment: 1. That with the conditions imposed in this approval requiring patrol of the parking lot between 10:00 p.m. and 2:00 p.m. and the posting of signs to limit noise in the parking lot after 10:00 p.m., expansion of the hours of operation until 2:00 a.m. daily for this business will not have a negative impact on nearby residences or businesses. NOW, THEREFORE, BE IT RESOLVED by 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; and RESOLUTION NO. 2. That the action of the Planning Commission relating to Case NO. CUP 93-7 Amendment #3 is hereby affirmed, subject to conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California 2 ROBERT A. SPIEGEL, Mayor RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 93-7 AMENDMENT #3 Department of Community Development: 1. That the business hours shall be from 9:00 a.m. until 2:00 a.m. daily. 2. That the applicant shall conduct routine patrols of the parking lot and area around the restaurant between 10:00 p.m. and 2:00 a.m. daily. 3. That Roc's Firehouse Grille post signs on the patio and in the restaurant admonishing patrons to limit noise in the patio and parking areas after 10:00 p.m. 4. All conditions of Case No. CUP 93-7, CUP 93-7 Amendment #1, and CUP 93-7 Amendment #2 shall continue to be in effect. 5. That the City reserves the right to impose future conditions necessary to mitigate identified future impacts. // 3 PLANNING COMMISSION RESOLUTION NO. 2273 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION NOS. 1625, 1736 AND 1961 PURSUANT TO A REQUEST TO EXTEND THE HOURS OF OPERATION AT 73-405 EL PASEO,'SUITE 32A. CASE NO. CUP 93-7 AMENDMENT #3 WHEREAS, the Planning Commission, by its Resolution No.1625, did approve a restaurant use in the subject building in July 1993; and WHEREAS, the Planning Commission, by its Resolution No. 1961, approved business hours 9:00 a.m. until 1 1:00 p.m. daily and non -amplified music between the hours of 6:00 p.m. and 9:00 p.m. nightly; and WHEREAS, the applicant has filed a request to amend CUP 93-7 to extend the hours of operation to 2:00 a.m.; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of June, 2004, hold a duly noticed public hearing to consider the request of ROC's FIREHOUSE GRILLE at 73-405 El Paseo, Suite 32A; 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. 02-60," in that the Director of Community Development has determined that the requested amendments are a Class 5 categorical exemption for purposes of CEQA; 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 to exist to justify the granting of said conditional use permit amendment: 1. That with the conditions imposed in this approval requiring patrol of the parking lot between 10:00 p.m. and 2:00 p.m., the posting of signs to limit noise in the parking lot after 10:00 p.m., expansion of the hours of operation until 2:00 a.m. daily, this business will not have a negative impact on nearby residences or businesses. 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; and • • PLANNING COMMISSION RESOLUTION NO. 2273 2. That approval of Conditional Use Permit 93-7 Amendment #3 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of June, 2004, by the following vote, to wit: AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretazy--,-. Palm Desert Planning Commission 2 SABBY J i A - AN, Chairperson • • PLANNING COMMISSION RESOLUTION NO. 2273 CONDITIONS OF APPROVAL CASE NO. CUP 93-7 AMENDMENT #3 Department of Community Development: 1. That the business hours shall be from 9:00 a.m. until 2:00 a.m. daily. 2. That the applicant shall conduct routine patrols of the parking lot and area around the restaurant between 10:00 p.m. and 2:00 a.m. daily. 3. That Roc's Firehouse Grille post signs on the patio and in the restaurant admonishing patrons to limit noise in the patio and parking areas after 10:00 p.m. 4. All conditions of Case No. CUP 93-7, CUP 93-7 Amendment #1, and CUP 93-7 Amendment #2 shall continue to be in effect. // 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 1, 2004 CASE NO: CUP 93-7 Amendment #3 REQUEST: Approval of an amendment to the existing conditional use permit to allow it to operate from 9:00 a.m. until 2:00 a.m. daily. APPLICANT: Roc's Firehouse Grille 73-405 El Paseo, #32A Palm Desert, CA 92260 1. BACKGROUND: Roc's Firehouse Grille opened for business June 1, 2001 when they took over the former Kacoon's Oasis. July 6, 1993 the Planning Commission approved a request by the Sandwich Board to permit a restaurant use in the subject suite. The Sandwich Board closed during 1995 and Kacoon's opened and was permitted to operate under CUP 93-7 which runs with the unit. December 7, 1999 Commission approved a request by Kacoon's to expand the business hours to 9:00 a.m. until 11:00 p.m. While Kacoon's operated, there were complaints related to amplified music on the patio. A current condition of approval limits entertainment to two non - amplified acoustical guitar players/singers between the hours of 5:00 p.m. and 9:00 p.m. daily. No change to the entertainment condition is requested. While Roc's has operated, there have been no complaints related to onsite entertainment. II. CURRENT PROPOSAL: The applicant requests that he be permitted to operate until 2:00 a.m. Currently the hours of operation are limited to 9:00 a.m. until 11:00 p.m. Roc's currently opens at 11:00 a.m. No change to the amplified music condition is requested. STAFF REPORT CASE NO. CUP 93-7 AMENDMENT #2 JUNE 1, 2004 III. DISCUSSION: Roc's Firehouse Grille opened this location June 1, 2001. In its three years at this location it has attracted a cross section of patrons ranging from police and fire personnel to professionals in various fields. Roc's offers an enjoyable atmosphere and provides late night quality yet affordable food. The applicant in his letter explains why this application is important to his business. Mr. Cook notes that 34% of his total sales occur after 1 1 :00 p.m. As a small business with lower overhead he can afford to stay open when other larger restaurants must be closed. Roc's has operated until 2:00 a.m. for at least the past 19 months as they apparently were unaware of the CUP restrictions requiring that they close at 11:00 p.m. In doing so, they have provided us with an opportunity to determine the real impacts which we could expect if this request is approved. In November 2002 and again in January 2003 there was a noise report from a residential neighbor to the southwest of the premises complaining of noise from patrons talking on the patio and the patrons walking to vehicles parked on Lupine and in the south parking lot. At that time Code Compliance spoke with Mr. Cook, the owner of Roc's, seeking cooperation in limiting the noise of his patrons. As of March 10, 2003, code had not received any new noise complaints and closed the file. May 18, 2004 Planning staff spoke to the residential neighbor who filed the November 2002 complaint. She described the problem as "a horrible nuisance" and indicated that she had moved to a quieter location. As part of this review we asked Assistant Chief of Police Thetford for a report. Assistant Chief of Police Thetford notes that the Police Department is not opposed to the extended hours. He feels that it will result in an increase in service calls regarding noise complaints due to its close proximity to the residential area to the south and west. He encourages the owner to continue to monitor the noise level and patrol the parking area. 2 STAFF REPORT CASE NO. CUP 93-7 AMENDMENT #2 JUNE 1, 2004 Staff would note that the business has already been operating until 2:00 a.m. The number of calls for service will not increase as a result of Commission approving the requested amendment to the CUP. IV. CONCLUSION: When a person chooses to live adjacent to "main street," they inherently should expect a noisier environment than a more remote location. In recognition of this, the noise ordinance directs that the acceptable noise level at the boundary between the two land uses is the higher level (i.e., the commercial standard applies). In this instance the person who complained about the noise decided to move rather than live with the situation. There have been no complaints filed in the past 18 months. After being notified, the applicant has apparently addressed the problem. Approval of this amendment to the CUP is vital to the Tong -term success of the applicant's business. Staff supports the request provided we are assured that the use and its patrons do not unreasonably disturb nearby residents. Accordingly, staff recommends that the request be approved subject to conditions. The conditions will require that the permit be reviewed by Planning Commission at least annually, that the parking lot be patrolled by restaurant personnel at least every half hour between 10:00 p.m. and 2:00 a.m. daily, that Roc's post signs on the patio and in the restaurant admonishing patrons to limit noise in the patio and parking lot after 10:00 p.m. and that the City monitor noise levels at the residential property lines over the next six months to determine compliance with the noise ordinance. If the noise monitoring survey concludes that the business is in violation, then the applicant will be required to propose and implement mitigation measures to the satisfaction of the Director of Community Development. Applicant to pay for overtime hours of Code Compliance staff to conduct noise monitoring. Pursuant to the ordinance, we notified property owners within 300 feet of this application as well as the businesses in the center. As of the writing of this report, we have not had any response to the notice. 3 STAFF REPORT CASE NO. CUP 93-7 AMENDMENT #2 JUNE 1, 2004 V. CEQA ANALYSIS: Amending a condition to extend business hours is a Class 5 categorical exemption for the purposes of CEQA. No further review is necessary. VI. RECOMMENDATION: That the Planning Commission approve the requested amendment to CUP 93-7, Amendment #3, to permit the business to operate until 2:00 a.m., subject to conditions VII. ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by: Reviewed and Approved by: Steve Smith Phil Drell Planning Manager Director of Community Development Review an. oncur: Homer Croy ACM for Develo. - t Services /tm 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION NOS. 1625, 1736 AND 1961 PURSUANT TO A REQUEST TO EXTEND THE HOURS OF OPERATION AT 73-405 EL PASEO, SUITE 32A. CASE NO. CUP 93-7 AMENDMENT #3 WHEREAS, the Planning Commission, by its Resolution No.1625, did approve a restaurant use in the subject building in July 1993; and WHEREAS, the Planning Commission, by its Resolution No. 1 961 , approved business hours 9:00 a.m. until 1 1 :00 p.m. daily and non -amplified music between the hours of 6:00 p.m. and 9:00 p.m. nightly; and WHEREAS, the applicant has filed a request to amend CUP 93-7 to extend the hours of operation to 2:00 a.m.; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of June, 2004, hold a duly noticed public hearing to consider the request of ROC's FIREHOUSE GRILLE at 73-405 El Paseo, Suite 32A; 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. 02-60," in that the Director of Community Development has determined that the requested amendments are a Class 5 categorical exemption for purposes of CEQA; 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 to exist to justify the granting of said conditional use permit amendment: 1. That with the conditions imposed in this approval requiring an annual review of the permit, constant patrol of the parking lot between 10:00 p.m. and 2:00 p.m., the posting of signs to limit noise in the parking lot after 10:00 p.m., installation of a noise buffer on the west side of the patio area, expansion of the hours of operation until 2:00 a.m. daily for this business will not have a negative impact on nearby residences or businesses. 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; and PLANNING COMMISSION RESOLUTION NO. 2. That approval of Conditional Use Permit 93-7 Amendment #3 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of June, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHILIP DRELL, Secretary - Palm Desert Planning Commission 2 SABBY JONATHAN, Chairperson PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 93-7 AMENDMENT #3 Department of Community Development: 1. That the business hours shall be from 9:00 a.m. until 2:00 a.m. daily. 2. That this application shall be reviewed at least annually by Planning Commission to assure that all conditions of approval are being met. 3. That the applicant shall conduct routine patrols of the parking lot and area around the restaurant at least every half hour between 10:00 p.m. and 2:00 a.m. daily. 4. That Roc's Firehouse Grille post signs on the patio and in the restaurant admonishing patrons to limit noise in the patio and parking areas after 10:00 p.m. 5. That over the next six months a noise survey be conducted by City Code Compliance staff to determine compliance with the noise ordinance. If the business is determined to be out of compliance, then the applicant shall propose and implement appropriate mitigation measures to the satisfaction of the Director of Community Development. Applicant to pay for overtime costs of Code Compliance staff. 3 CITY Of PPIfII OHM i-510 FRED WARING URI 'E PALM DESERT,CALIFORN!.A 9226_.-2578 TEL: 760 3.46-061 FAX 76:: - 7C9S ,ni0i3p,,t T_Ottrr! n:F CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 93-7 AMENDMENT #3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROC'S FIREHOUSE GRILLE for approval of an amendment to the conditions of CUP 93-7 to extend the business hours to 11:00 a.m. to 2:00 a.m. for the restaurant located at the southeast corner of El Paseo and Lupine Lane. Said restaurant located at 73-405 El Paseo #32A. a, t 11. q S. DRIVE NORTH o� c} It 0 C-1 7* SITE R-3 (4) SHADOW MOUNTAIN 0 e N 3CE]I ALAbbANUNU DALM STATE C-1 C N DRIv£ let JUNIPER —3 R• 1 12, 0 0 /OSNUA TREE 2 0 000 0 0 (3) STREET SAID public hearing will be held on Tuesday, June 1, 2004, at 6:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun May 19, 2004 PHILIP DRELL, Secretary Palm Desert Planning Commission c "1/1 73-405 EL PASEO, 32A, PALM DESERT, CA 92260 PH760-674-3222,rx760-674-3422 email: roesfirehouse@aol.com The average sales after 11:00 pm are 34% of ROC's Firehouse Grille's total sales. Having to close at 11:00 pm would very quickly kill our business. There would be no use to stay open past 10:00 pm as many of our late night customers usually arrive between 9-10pm. They would not come knowing they would not be allowed to stay. Our average sales from 10:00pm to 2:00am are equal to 45% of our total sales volume. If we were forced to close our doors at 11:00 PM, ROC's Firehouse Grille would have to lay off50% of our staff causing at least 10 people to seek other employment. These are loyal employees who have been with us for a year or more. Closing at 11:00 pm will be pre-curser to us closing permanently. If ROC's must close its doors permanently, over 20 people will lose jobs. We never anticipated having to close before 2:00 am, nor did we have any knowledge of it prior to just a couple of months ago. We have been in this location since June 1, 2001. As of today that's approx. 2yrs and 7 months ago. The previous restaurant had minimal kitchen equipment and virtually no storage. Cooking meals was via hotplate and microwave. After we acquired the lease for this location we made some very costly and relatively major structural improvements. We professionally installed a complete commercial kitchen complete with hood and duct system and grease interceptor which the previous restaurant failed to install. This was only possible with the assistance of our landlord, when they agreed to expand the building by approx. 150 sq ft. We upgraded our bathroom which involved structural changes, to bring the building up to code for the American Disabilities Act. On our patio we have upgraded from the unsightly and dangerous floor standing heaters to several permanent ceiling -mounted natural gas heaters. Hood and Duct System - $12,000 Grease interceptor - $15,000 Commercial kitchen - $40,000 Bathroom, ADA compliant - $2,000 Ceiling mounted heaters (patio) - $4,000 Architectural fees/permits - $8,000 + _ Building expansion, 150 sq ft. — Unknown. Building Dept can probably give estimate • This place is our dream, and we work hard daily for it. With the financial assistance of retired family members we were able to achieve our dream. After 2 years of searching for locations throughout the Coachella Valley we made the ultimate decision to open ROC -Is -Firehouse Grille in the -City -of-Palm-Desert-. We wanted tobring-somethingto Palm Desert that the city was not offering. We cater to people arriving into our local hotels that look for a place to still have a meal after 10:00pm. Food is served until 1:15 am, daily. We felt it would be an asset to the city, its work force and visitors. The only other choice for late night food is Denny's. Several hotels and their Concierges will regularly recommend ROC's to their late arriving guests who are hungry and want to see El Paseo. We serve them Filet Mignon, Scampi, Chicken Marsala. etc. You can't get that at Denny's. We also provide a half price appetizer menu. Although we are not making a huge profit on this appetizer menu it is satisfying to see someone eat something if they are going to partake in alcoholic beverages. As you probably know, I'm one of the owners who is an active fire fighter and I genuinely care for my guests well being. Offering an abundance of quality food throughout the evening to guests that are drinking alcoholic beverages is one way I improve their safety factor. We try and keep our prices affordable, while still serving the highest quality of ingredients to cater to our locals. We would no way be able to afford the rent on El Paseo with our current prices if we lost our late night business. And if we raise them, we lose our local clientele. Obviously our local clientele are who keep us in business. We have tried very hard to make this an enjoyable, fun and safe atmosphere. One of us is usually here after 10:00pm nightly. We constantly patrol the parking area in the back parking lot for the safety of our customers as well as our employees. We try very hard to keep the noise level to a minimum. What you will hear is just the sounds of someone occasionally laughing and enjoying themselves. We are not a night club. ROC's is a place where people come to socialize with their friends when they get off work in a warm, safe and comfortable atmosphere. ROC's also employs several doormen to assure peace, proper ID of all guests and they also patrol the parking lot. Our late night clientele consists of staff from other restaurants and hotels nearby. The local news anchors come in for a bite to eat after the 11:00 pm news. In fact, NBC just requested a copy of our late night menu so that they can distribute it to their employees as a place to go after work. We have several off duty law enforcement and fire personnel that frequent ROC's. You can imagine that law enforcement and fire personnel will only frequent a place they feel safe with a respectful clientele. ROC's Firehouse Grille is licensed by the California Alcoholic Beverage Control to serve alcohol until 2:00 am. We were diligent in our research to assure this would happen. We have not received one violation from CA -ABC since the day we opened. Research will indicate that this scenario is not the norm for a business like ours. We demand a lot from our employees and guests. • • As you consider our request, please keep in mind that this location has had several restaurants occupying it throughout the last decade. Not a single one has been successful. Until now. Between both of us, we have over 30 years experience in the restaurant business and our -formula for success had proven worthy.-mooworthy, that -we have - . - received several business offers to expand locally as well as Nationally. ROC's Firehouse Grille also has the full support to operate as we are from Hubbard Enterprises, our landlord and owner of Big Horn Development. Mr. R.D. Hubbard and C.E.O Ed Burger can easily be reached for comment. Lori Speer would seem the logical contact for them. Although the revenue created by our sales may seem insignificant to the City, it is guaranteed that the revenue generated by us now is exponentially greater today than with the operators in thepast. Our plan is to continue this trend and help make El Paseo a thriving avenue for residents and visitors. Thank you. PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sherds Department Bob Doyle, Sheriff - Coroner TO: Tony Bagato, Assistant Planner - City of Palm Desert FROM: Lieutenant Steve Thetford SUBJECT: Roc's Firehouse Grille Bob Dayle, Sheriff- Coroner February 24, 2004 Mr. Bagato, The Palm Desert Police Department is not opposed to the proposed amendment to the conditional use permit for Roc's Firehouse Grille (attached). We can foresee an increase in calls for service regarding noise complaints due to the close proximity of Roc's to the neighboring residential area. We would encourage the business owners to continue to monitor the noise level of their business and to patrol the parking area to the rear of their business in the late evenings as stated in their letter (undated attached). Thank you for allowing us to provide input regarding this matter. Sincerely, Steve Thetfpf'd, Lieutenant Riverside ounty Sheriffs Department Assistant Chief of Police Palm Desert Police Department TO: FROM: SUBJECT: PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriffs Department Bob Doyley Sheriff - Coroner Steve Smith - City of Palm Desert Planning Dept. Lieutenant Steve Thetford Roc's Firehouse Grille Bob Doyle, Sheriff - Coroner June 11, 2004 ECEIVED Mr. Smith, !',UNITY DUEL. -LENT DEPARTMENT CITY OF 1ALM DESERT As per you request this memorandum is presented to provide further detail regarding statements made in my letter dated February 24, 2004 (attached). As I previously stated the Palm Desert Police Department is not opposed to the amendment to the conditional use permit for Roc's Firehouse Grille that would allow the business to extend business hours to 2:00 a.m. I noted that we could possibly foresee an increase in calls for service regarding noise complaints due to the close proximity of Roc's to the neighboring residential area. This potential increase in calls for service may be minimized if the business (Roc's) continues to monitor their noise levels and if they continue to monitor the activity in their parking lot as they have done in the past few months. Please feel free to contact me if you should have any further questions. Sincerely, 7 1 Steve Th ord, Lieutenant Riversid County Sheriffs Department Assistant Chief of Police Palm Desert Police Department 0 a 44, E. to 00 0 0 a 0 w o C o • 0 z o O K v w �o mz J. Q w 0 V) u L 9 u a W o a 0 • U L.] o n • w a 0 ❑ N o ▪ o F N N < W Q ua <a 0 0 E- F a 4. au PREPARED 0 ❑ in 0 Q in N 0 DATE ESTBL TENANT NBR TENANT NAME INSPECTOR CASE CLOSED 0 ti ROC FIRE HOUSE GRILL JASON FINLEY N N 0 0 0 ti O 00 has been 0. -. Cr, u C C NARRATIVE: cn F F m JASON FINLEY COMPLETED 0 0 0 Rolan E O O. vu zz N .-. .. • 0 ❑ zz 4: a a 4 C c a 0 O z 3 O NOTICE NAMES: z 0 F U SCHEDULED CC O F u! 4.4 INITIAL INSPECTION 0 .a. N a s a 0) U • 0 2 CU > • F U Y O U 0. 2 O 4 0 W .. vain° (0a 2 W F a w X 0 U W F C3U. 0 0 4. F a -7 0 a w n W O 0 CZ • ,s with the PREPARED 2/24/04, 14.04:37 PROGRAM CE200L CITY OF PALM DESERT CODE COMPLIANCE CASE TYPE Parcel Number ADDRESS NOISE CONTROL 627 252-004-001 73405 EL PASEO PALM DESERT CASE HISTORY REPORT CASE. NUMBER 03 00000472 DATE ESTBL STATUS STATUS DATE INSPECTOR TENANT NAME TENANT NBR CA 92260 PAGE 1 1/28/03 CASE CLOSED 1/29/03 PEDRO RODRIGUEZ ROC'S FIREHOUSE GRILL H32A NARRATIVE: ROC'S FIREHOUSE GRILL RP: Janet Hanson, 45421 Lupine, 82, Work:760-837.3514. Ms. Hanson is complaining about the ongoing lbud noises of people drinking and talking loud outside ip the patio. Called the police twice last night, January 27. Ms. Hanson is looking for a permanent solution to the loOness. Cannot sleep at night NOTICE NAMES: 1758 IROPERTIES LTD OWNER HISTORY: SCHEDULED ACTION STATUS RESULTED INSPECTOR 1/28/103 1/28/03 1/28/03 1/28/03 1/28/03 1/28/03 1/28/03 INITIAL INSPECTION COMPLETED 1/28/03 PEDRO RODRIGUEZ RSLT TEXT: I contacted Janet Hanson the R/P for Roc's fire house, she explained her concerns, I advised her to continue calling the police. The police report tile number is T-03027106. She was upset that the police are not doing much about the noise and drinking problem. She called me later on that same day and stated the she found out that Roc's fire house is owned by a retired firemen, site stated "that's why the police do not do anything about it". It is a police issue. •ERROR• FOLLOW UP INSPECTION IN OFFICE HEARING PENDING PENDING 1/29/01 1/29/03 1/29/03 1/29/03 1/29/03 1/29/03 1/29/03 1/29/03 STATUS DATE C O. 0 0 a 0 w 0 a 0 CASE HISTORY CASE NUMBER DATE ESTHL. COMPLIANC w o ❑ 0 TENANT NAME INSPECTOR CASE CLOSED ROC'S FIREHOUSE GRILL DR F. a Tr w o (!) W .. c.a❑ 00 �oz a 00 V) N N..] .0 ac4F W 4 E F 0 0. a U P. 2 7 Z 0 w 3. 2 0 -( v) 2 6. >. (n U (v W W 4 0 F. -. (/) u1 ❑ a U w W ry u, (DO- W u a J) • 0 2 OF (n 1.❑ ..(-v.7 CC .. 4 ro 0 0 0 0 4 a.0 Ua4 2.ory PREPARED n n n n N. n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n n n NI NI NI N Homer Croy 17 0 c ro N N >- W u P. 0 ^. a 4 C: C• U e w -CO E .. 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O. 0 E C C C u C p . m w 0 C E 0 w 0 E b o, m W m.,0 -.r 00 a 0 c., P. m C 'c m m w 7 W 2 U 2 '0 .ti C 4 .. m a x .• co F. 0 0 0.0 .. Ea m Z> 0 .. a 0) 3 F. '-• 3 r-. > u r0 >- -. a E •0 0 u O -� O C C O C.)F. a F.. >... - EnY .. W W 0 m E 10 0 0 0 a 0 m 7 'r. 0 W C. 0 o. a, > 0 a) U 0 a u a n 6 1. U (/) C m a w U ). n. 4 .2. ).. m 3. a7 a Z (n w O.c ❑ F. .-. a. .a a, s. u F X 0 0 a ). a .-. .: w 2 E C'''' Z Q F. IX m^ C (n 0 F 0 o 0 ra C •. W F F. (1) .) 1n 3 'C 1- - ..1 a..] ry w 0 4 r 0 Z u) .. 0 0 (n u.0 ro a 4 .-. x 4. 1.. cr. O 0 u 01 14 0 .. a 4 2 m C L___w u z 0 0 0 v. F. 0.7 0 m = o r0'1 N u '0 a (4 � � - m >. cn U U-.. 0--. 2 0.0 $-. ar 7. u .. .- NARRATIVE NOTICE NAMES: 2 RSLT TEXT: RSLT TEXT: PENDING IN OFFICE. HEARING EL PASEO VILLAGE 73-425 EL PASEO, STE. 24-B PALM DESERT, CA. 92260 760-346-8104 MARCH 10, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 RE: Roc's Firehouse Grille Dear Mr. Drell tt: : 2004 DEvELUP}IE TDEPART,'.;EN7 Roc's Firehouse Grille has been a tenant of the Village Zoo, Ltd., dba: El Paseo Village for the past 3 years. They have been an excellent tenant, have cooperated in all ways and are located next to my office. My office staff sometimes work in the late evening and when asked if there has ever been a noise problem or anything to inconvenience them or distract them from concentrating, the answer has been we hear nothing from the Grille. To me, they are a fine class of young people and very respectful to their neighbors and definitely add to the El Paseo Drive. I fully support that Roc's Firehouse Grille will be granted a conditional use permit to remain open until 2:00 a.m., 7 days week. Sincerely, EDWARD A. BURGER, "RESIDENT EL PASEO VILLAGE MANAGEMENT R.D. HUBBARD ENTERPRISES 73-405 EL PASEO, SUITE 32-D PALM DESERT, CA. 92260 760-773-6644 March 9, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Drive Palm Desert, Ca. 92260 RE: ROC'S FIREHOUSE GRILLE Dear Mr. Drell: RECEIVED MAii 1 :' 2004 1Y I EVELOPME:NT DEPAP.T51EI i I, the owner of The Village Zoo, Ltd., dba: El Paseo Village must say that I feel that Roc's Firehouse Grille, operated by Roland and Jamie Cook has been a nice asset to the El Paseo Drive. They have operated the restaurant and cocktail lounge in a very orderly manner and are well respected with all the merchants located near them. The merchants have indicated to me that they have brought in a nice group of customers and has enchanced business for the immediate area. The Sunday Jam Sessions have been very successful and comments have been made by customers how nice it is to be able to be outside, have a nice lunch and enjoy the music. Roland and Jamie Cook oversee their operation and are on site most of the time. Their type of operation is definitely good for our street and also gives the street a nice flare for the style of music and service they provide to their customers. The Roc's Firehouse Grille unit has been a restaurant since April, 1994 and until June, 2001 when Roland and Jamie Cook opened under Roc's Firehouse Grille, it had never been successful. The stability that they have shown to the center has been very impressive. I recommend that a Conditional Use Permit be granted to Roc's Firehouse Grille to operate their business establishment to 2:00 a.m. each day of the week. Thank you for your cooperation in this matt Sincerely, R.D. HUBBARD CITY OF PRLffi DESEPT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 1 FAX: 760 341-7098 nfo@palm•desert.org February 5, 2004 Mr. Roland Cook c/o Roc's Firehouse 73405 El Paseo, #32A Palm Desert, California 92260 Case No. 04-557 Dear Mr. Cook: It has come to the City's attention that the condition(s) listed below exist on your property located at 73405 El Paseo, #32A, also legally known as APN No. 627-252-004-001. The City is requesting your cooperation in correcting the following item(s) in order for your place of business to be in compliance with Chapter 8.20 of the Palm Desert Municipal Code. Currently, your place of business is not in compliance with the approved hours of operation set forth in the Conditional Use Permit #93-7. The approved business hours are between 9:00 a.m. and 11:00 p.m. daily. Non -amplified music in the patio area is permitted between 5:00 p.m. and 9:00 p.m. daily. The City is requesting that you comply with the above -mentioned business hours or submit an application to amend the existing conditional use permit by February 20, 2004 with the Planning Department. Pursuant to any further violations, the Planning Department will initiate proceeding to revoke the existing conditional use permit. Thank you in advance for your cooperation. Should you have any questions, please contact our office at (760) 346-0611, ext. 477. ,_---Sincerely, oczlec Pedro Rodriguez Senior Code Compliance Officer cc: 1758 Properties Limited, 45120 San Pablo Avenue, Suite 2B, Palm Desert, California ML Roland Q_Cook, 45421 Lupino,fi2,_Palm Desert, California Enclosure: CUP 93-7, Amendment #2 t PLANNING COMMISSION RESOLUTION NO. 1961 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION NOS. 1625 AND 1736 PURSUANT TO A REQUEST TO EXTEND THE HOURS OF OPERATION AND TO EXPAND THE PERMITTED LIVE MUSIC IN THE PATIO AT 73- 405 EL PASEO, SUITE 32A. CASE NO. CUP 93-7 AMENDMENT #2 WHEREAS, the Planning Commission, by its Resolution No.1625, did approve a restaurant use in the subject building in July 1993; and WHEREAS, the Planning Commission, by its Resolution No. 1736, approved business hours 11:00 a.m. until 11:00 p.m. daily and non -amplified music between the hours of 6:00 p.m. and 9:00 p.m. nightly; and WHEREAS, the applicant has filed a request to amend CUP 93-7 to extend the hours of operation from 9:00 a.m. to 11:00 p.m. and has requested permission to provide live music in the patio in the form of two performers with an amplified music set at a designated volume between the hours of 11:00 a.m. and 10:00 p.m.; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of December, 1999, hold a duly noticed public hearing to consider the request of KACOON OASIS at 73-405 El Paseo, Suite 32A; 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. 97-18," in that the Director of Community Development has determined that the r$quested amendments are a Class 3 categorical exemption for purposes of CEQA; 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 to exist to justify the partial granting of said conditional use permit amendment: 1. The location of the restaurant is sufficient distance from residential areas so that the longer business hours should not negatively impact on the residential community. 2. That extending the hours for the existing permitted live music of a single, non - amplified acoustical guitar player/singer and traditional, soft folk music should ensure that other business tenants are not negatively impacted by the music. PLANNING COMMISSION RESOLUTION NO. 1961 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; and 2. That approval of Conditional Use Permit 93-7 Amendment #2 is hereby granted, in part, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of December, 1999, by the following vote, to wit: AYES: BEATY, CAMPBELL, FINERTY, LOPEZ, JONATHAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: TEPHEN R. SMITH, Ac ing Secretary Palm Desert Planning Commission SABBY J • ATHAN, Chairperson 2 ,BANNING COMMISSION RESOLUTION NO. 1961 CONDITIONS OF _APPROVAL CA —SE NO. CUP 93-7 AMENDMENT #2 Department of Community Development: 1. That the business hours shall be from 9:00 a.m. until 11:00 p.m. daily. 2. That live entertainment in the patio in the form of two non -amplified acoustical guitar players/singers shall be permitted between the hours of 5:00 p.m. and 9:00 p.m. daily. 3 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 7, 1999 CASE NO.: CUP 93-7, Amendment #2 REQUEST: The applicant seeks approval of amendment' to the existing conditional use permit to allow it to operate from 9:00 a.m. until 11:00 p.m. daily and to permit amplified music set at a designated volume between the hours of 11:00 a.m. and 10:00 p.m. APPLICANT: Kacoon's Oasis 73-405 El Paseo, #32A Palm Desert, CA 92260 I. BACKGROUND: Kacoon's Oasis is open under new owners who are requesting the above -noted changes to their conditional use permit. On July 6, 1993, the Planning Commission approved a request by the Sandwich Board to permit a restaurant use in the subject suite. This request was approved by Resolution No. 1625, subject to conditions contained therein. The Sandwich Board closed during 1995 and Kacoon's opened and was permitted to operate under CUP 93-7 which runs with the unit. Kacoon's requested an amendment to its CUP in April 1996 to offer live music in the patio. The entertainment was to range from a single, non -amplified acoustical guitar to a four -piece amplified band (examples of each type of music was provided prior to CUP approval). During the processing of the 1996 request, we heard from various people that when the four -piece amplified band played, the volume was excessive. At that time, the Commission granted the request in part allowing a single, non -amplified acoustical _guitar player between the hours of 6:00 p.m. and 9:00 p.m. daily. This was outside usual business hours, as other businesses in the center -had expressed opposifion to the request. 1 PLANNING COMMISSION DECEMBER 7, 1999 STAFF REPORT -- CUP 93-7, AMENDMENT #2 -- II. CURRENT REQUEST: The current request is two -fold. The applicant requests that he be permitted to open for business two hours earlier in the morning (9:00 a.m. versus 11:00 a.m.) Secondly, the applicant requests permission to offer amplified music set at a designated volume between the hours of 11:00 a.m. and 10:00 p.m. III. DISCUSSION: Most restaurants need to be open in the morning hours. We have no objection to the hours of operation as requested by the applicant to permit this restaurant to operate from 9:00 a.m. to 11:00 p.m. seven days a week. The issue of approving the request for amplified music in the patio between 11:000 a.m. and 10:00 p.m. is another matter. The property owner in a letter dated November 12, 1999 (copy attached) stipulates that his agreement to authorize this application was for low volume music from 11:00 a.m. until 3:00 p.m. and 4:30 p.m. until 9:00 p.m., and that amplifiers be permitted at a designated low volume. While the business operates under new ownership, the past history of the operation of this restaurant dictates that we proceed with caution. Staff cannot support amplified music of any type due to the proximity to resideptiardweliings to the south and concem expressed by nearby tenants in the cam. We can support that non - amplified music be permitted from 11:00 a.m. untiY9:00 p.m. This would require that the property owner alter his consent to all music between 3:00 p.m. and 4:30 p.m. Staff will recommend that the request to allow amplified music be denied, and that the existing non -amplified music be permitted between 11:00 a.m. and 9:00 p.m. daily. As is typical with conditions on a conditional use permit, failure to comply can lead to revocation of the permit following a hearing before the Planning Commission. 2 PLANNING COMMISSION DECEMBER 7, 1999 STAFF REPORT -CUP 937, AMENDME-NT #2-- Pursuant to the ordinance, we notified property owners within 300 feet of this application as well as the businesses in the center. As of the writing of this report, we have had one response to the notice, and that person (a tenant in the center) opposes any amplified music. IV. RECOMMENDATION: That the Planning Commission approve in part the requested amendments to CUP 93-7, Amendment #2, to permit the business to operate from 9:00 a.m. to 11:00 p.m. and extend the permitted hours for a single, non -amplified acoustical guitar player/singer to 11:00 a.m. until 9:00 p.m. V. ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by: PLANNING MANAGER Reviewed and Approved by: PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT wpdocs1srlcup93-7#.2pc 3 (410 4i4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION -OF COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION NOS. 1625 AND 1736 PURSUANT TO A REQUEST TO EXTEND THE HOURS OF OPERATION AND TO EXPAND THE PERMITTED LIVE MUSIC IN THE PATIO AT 73-405 EL PASEO, SUITE 32A. CASE NO. CUP 93-7 AMENDMENT #2 WHEREAS, the Planning Commission, by its Resolution No.1625, did approve a restaurant use in the subject building in July 1993; and WHEREAS, the Planning Commission, by its Resolution No. 1736, approved business hours 11:00 a.m. until 11:00 p.m. daily and non -amplified music between the hours of 6:00 p.m. and 9:00 p.m. nightly; and WHEREAS, the applicant has filed a request to amend CUP 93-7 to extend the hours of operation from 9:00 a.m. to 11:00 p.m. and has requested permission to provide live music in the patio in the form of two performers with an amplified music set at a designated volume between the hours of 11:00 a.m. and 10:00 p.m.; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of December, 1999, hold a duly noticed public hearing to consider the request of KACOON OASIS at 73-405 El Paseo, Suite 32A; 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. 95-105," in that the Director of Community Development has determined that the requested amendments are a Class 3 categorical exemption for purposes of CEQA; 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 to exist to justify the partial granting of said conditional use permit amendment: 1. The location of the restaurant is sufficient distance from residential areas so that the longer business hours should not negatively impact on the residential community. 1 • pLANNING COMMISSION RESOLUTION NO. 2. That extending the hours for the existing permitted live music of a single, non -amplified acoustical guitar player/singer and traditional, soft folk music should ensure that other business tenants are not negatively impacted by the music. 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; and 2. That approval of Conditional Use Permit 93-7 Amendment #2 is hereby granted, in part, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of December, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission SABBY JONATHAN, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 93-7 AMENDMENT #2 Department of Community Development: 1. That the business hours shall be from 9:00 a.m. until 11:00 p.m. daily. 2. That live entertainment in the patio in the form of a single, non -amplified acoustical guitar player/singer shall be permitted between the hours of 11:00 a.m. and 9:00 p.m. daily. wpd ocs\res \cu p93-7#.2 pc 3 411 40 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: April 16, 1996 CASE NO: CUP 93-7 Amendment #1 REQUEST: The applicant seeks approval of amendments to the existing conditional use permit to allow it to operate from 11:00 a.m. until 11:00 p.m. daily and to permit live music in the patio from 6:00 p.m. until 9:00 p.m. APPLICANT: Kacoon Bar & Fill 73-405 El Paseo, #32A Palm Desert, CA 92260 I. BACKGROUND: On July 6, 1993 Planning Commission approved a request by the Sandwich Board to permit a restaurant use in the subject suite. This request was approved by Resolution No. 1625, subject to conditions contained therein. While the business hours were not limited by a condition, the report did note that they would close at 7:00 p.m. No outdoor entertainment was requested at that time. The Sandwich Board closed during 1995 and Kacoon's opened and was permitted to operate under CUP 93-7 which runs with the unit. In order to distinguish itself from other restaurants on El Paseo, Racoon's offered live music in the patio. The entertainment ranged from a single, non -amplified acoustical guitar to a four piece amplified band. We have been given to understand that the property manager received numerous oral complaints from both business tenants in the center as well as residents in the condos to the south. Code Compliance Department became involved through property manager inquiries. To our knowledge the city has not directly received complaints. Upon review of the CUP 93-7 file it was noted that live entertainment had not been discussed nor were the hours of operation regulated. Hence the need for this application. REPORT 93-7 AMENDMENT #1 RIL 16, 1996 • II. DISCUSSION: Most restaurants need to be open in the evening hours. We have no objection to the hours of operation as requested by the applicant to permit this restaurant to operate from 11:00 a.m. to 11:00 p.m. seven days a week. The issue of approving live music in the patio from 6:00 p.m. until 9:00 p.m. is another matter. We have heard from various people that when the four piece band played that the volume was excessive. The property owner in a letter dated March 22, 1996 (copy attached) stipulates that his agreement to authorize this application was for live music between 6:00 p.m. and 9:00 p.m. and that it would consist only of music from an acoustical guitar player with no amplifiers. We definitely do not wish to consider a four piece amplified band, however, the single, non -amplified acoustical guitar is probably something which we can support. The concern that we do have is the level of ill will that has been generated by the applicant with the previous entertainment. While staff may be comfortable recommending approval of the single non - amplified acoustical guitar, the community around the use may have a concern allowing any patio entertainment at all and we can appreciate those concerns. As is typical with conditions on a conditional use permit, failure to comply can lead to revocation of the permit following a hearing before Planning Commission. Pursuant to the ordinance we notified property owners within 300 feet of this application as well as the businesses in the center. As of the writing of this report we have not had any response to the notice. III. RECOMMENDATION: That the commission approve the requested amendments to CUP 93-7 to permit the business to operate from 11:00 a.m. to 11:00 p.m. and to permit live music in the patio provided that it be limited to a single, non -amplified acoustical guitar player/singer. 2 1 PLANNING COMMISSION RESOLUTION NO. 1736 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PLANNING COMMISSION RESOLUTION NO. 1625, A CONDITIONAL USE PERMIT TO ALLOW A 938 SQUARE FOOT RESTAURANT AT 73-405 EL PASEO, SUITE 32A. CASE NO. CUP W3 7 ARENDMENT #1 - WHEREAS, the Planning Commission by its Resolution No. 1625 did approve a restaurant use in the subject building in July, 1993; and WHEREAS, the applicant has filed a request to amend CUP 93-7 to extend the hours of operation from 11:00 a.m. to 11:00 p.m. and has requested permission to provide live music in the ,patio in the form of a single, non -amplified acoustical guitar player singing traditional soft folk music; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of April, 1996, hold a duly noticed public hearing to consider the request of LARI KACOON dba KACOON BAR AND FILL at 73-405 El Paseo, Suite 32A; 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. 95-105," in that the Director of Community Development has determined that the requested amendments are a Class 3 categorical exemption for purposes of CEQA; 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 to exist to justify the granting of said conditional use permit: 1. .The location of the restaurant is sufficient distance from residential areas so that the operation and longer hours and the proposed live music in the patio should not impact on the residential community if it is limited to a single, non - amplified acoustical guitar player singing traditional soft folk music; and 2. The hours for the proposed live music will be limited to 6:00 p.m. until 9:00 p.m. nightly which should assure that other business tenants are not impacted by the music. 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 approval of Conditional Use Permit 93-7 Amendment #1 is hereby granted, subject to the attached conditions. 410 ING COMMISSION RESOLUTION NO. 1736 filim PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of April, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: P ILIP DR �i , - = cretary Palm Desert Elan -Commission 2 PAUL R. BEATY, Chairp son i 1 1 =NG COMMISSION RESOLUTION NO. 1736 CONDITIONS OF APPROVAL CASE NO. CUP 93-7 AMENDMENT #1 Department of Community Development: 1. That the business hours shall be from 11:00 a.m. until 11:00 p.m. daily. 2. That live entertainment in the patio in the form of a single, non - amplified acoustical guitar player/singer shall be permitted between the hours of 6:00 p.m. until 9:00 p.m. nightly. 3 �1r ' — r. �• -_ • � • • 11.in11a•...••..1......:.........•.M...:._..:..":..:......................:...'..'l.o''p. - _ , 1l I/ 1! r\ .fir• mow- •p:Z`i:iitmi•i •isf_l.1•h.i 1... l 1-i: 1'.c i:.11; .141... •:•- �i.7 tI0I irI rwwww••:ww ••••1• •.._:_•/� 4•.1,11i11 i • tl lift It:.*.:7• • ,y. 1=w7 a"•r• r.••••. ::_w::7w' i _ t .Se!.gtw•- m mi• Ills .11 'lilt�•!.t�•!�:f.'+�i: --i:ir1• 7wtawr� • 1 *M _. 1 qts•t00 .•r up imam Sha 1 PLANNING COMMISSION RESOLUTION NO. 1625 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 938 SQUARE FOOT RESTAURANT AT 73-405 EL PASEO, SUITE 32A. CASE NO. CUP 93-7 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 6th day of July, 1993, hold a duly noticed public hearing to consider the request of MATTHEW SAWYER dba SANDWICHBOARD for approval of a 938 square foot restaurant at 73-405 El Paseo, Suite 32A; 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. 80-89," in that the director of community development has determined that the project is a Class 3 categorical exemption for purposes of CEQA; 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 to exist to justify the granting of said conditional use permit: 1. The location of restaurants within retail commercial complexes are complimentary and beneficial to retail tenants in the vicinity. 2. The mix of uses in the complex and the available parking supplies are such that the proposed restaurant will not create a parking shortage in the area. 3. The proposed use is consistent with the goals and objectives of the General Commercial zone, Commercial Core Area Specific Plan and Palm Desert General Plan. 4. The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 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-- approval. of Conditional_ Use Permit - -93-7 .-. is . hereby granted, subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 1625 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of July, 1993, by the following vote, to wit: AYES: BEATY, COX, JONATHAN, WHITLOCK, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RAMON A. DIAZ, ary ROBERT A. SPIEGFJL;'C,t'tairman 2 i PLANNING COMMISSION RESOLUTION NO. 1625 CONDITIONS OF APPROVAL CASE NO. CUP 93-7 Department of Community Development: 1. Applicant shall comply with all state, county, and city regulations concerning restaurant use. 2. The applicant shall obtain all necessary architectural review commission and department of building and safety permits required by any physical modification of the site. 3. The restaurant shall be limited to 938 square feet in area. 4. An additional restroom shall be required per.UBC requirements to the satisfaction of the director of building and safety. 5. The awning at 73-241 Highway 111 shall be removed prior to issuance of Certificate of Occupancy. JW/tm 1 3 Sandroc Homeowners Assoc. The City Council - City of Palm Desert 73-501 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Council Members: May 24, 2004 > E 1 4aI IS Li 2004 r MMUN TY D ' 7. , '!.., DEvARTNIE?i1, The Board of Directors of the SANDROC Homeowners Association is strongly op`pasi dtto.' allowing the Fire House Grill located at the corner of El Paseo and Lupine Lane to extend their hours of operation to two (2) AM. The Fire House is barely 100 feet from the northeastern end of our complex on Lupine Lane and is directly adjacent on the South to totally residential areas. We, our neighbors and our management firm, have opposed proposals made by the Fire house and its predicessor, the Kacoon, to the Planning Commission to allow electrically amplified music at that establishment. We view this latest attempt (to extend hours of operation) as an "end -run" by thre Fire House management around the neighborhood when many of us are away from Palm Desert. The majority of our residents and most of our many "Snow Bird" tenents are Senior Citizens who like having doors and windows open to enjoy the desert quiet. Late evenings are already compromised by the too often raucous behavior of Fire House customers and their vehicles late in the evening. We urge you to let the Planning Commission know that you too are receiving strong objections to the Fire House proposal which is to be heard by them at 6 PM on June lst. Thank you . (e'y(Q/Le4z-6e7---- J. L. Greulich, President, Sandroc Homeowners Association Board of Directors cc Graydon Skillett, Board Member Patricia Lindberg, Board Member Anthony Ferranti, Board Member Glenda Shekell, Board Member pesert Management Palm Desert Planning Commission 15940 Mikinda Court Whittier, CA 90603-1510 May 23, 2004 To: Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, California 92260-2578 From: Gail Kersgard 45405 Lupine Ln. #18 Palm Desert, California 92260 Re: Case No. 93-7 Amendment #3 7 2004 E`: ELOPMENT DEPARTME..Xl.. M;lFcco? I recently received a notice regarding the request by Roc's Firehouse Grille, located at 73-405 El Paseo #32A, to extend their business hours. I am writing to oppose the request. As a resident of an adjacent condo, I am an interested party. Ever since the restaurant opened, they have attracted a crowd of loud, disorderly people. At the close of business, they frequently hang around and drink on the street, (Lupine Lane.) Their loud parties go on while they leave bottles and debris in the street and on the property of the Sandroc Condominiums. I have been awakened a number of times from the loud drunken parties. To extend the hours would create an even bigger nuisance. The restaurant is mostly outdoor dining. They play music and the patrons sing and cheer, as they get intoxicated. I am totally opposed to extending the business hours for this restaurant. In fact, I think the Palm Desert Police should closely monitor the noise level during the regular evening hours of operation. I hope that the concerns of the neighbors will be considered when you make a decision regarding the request for the change of business hours. ids, OWL Gail Kersgard (619) 405-7666 (—k) vvi a CITY OF PALM DESERT WORK ORDER FORM STREET DEPT. X PARKS DEPT. DATE: 5/24/2004 APPROVED BY: (P.W.DEPT) TO: CITY YARD FROM: LOCATION: LUPINE LANE BETWEEN SHADOW MOUNTAIN AND EL PASEO PRIORITY R PUBLIC WORKS DESCRIPTION. PAINT RED CURB AS SHOWN ON SKETCH BELOW DATE STARTED: DATE COMPLETED: BY: 6rvtie-- C�6ICQ4- MAINTENANCE PERSONNEL REMARKS: RECEIVED MAY 2 7 2004 PUBLIC WORKS DEPARTMENT ICY OF PALM DESERT INSPECTED BY: SUPERVISOR PRIORITY: E - EMERGENCY R - ROUTINE CITY Of PRIM DESERT 73-5 [o FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-061 1 FAX: 76o 341-7098 info^t palm -desert org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 93-7 AMENDMENT #3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a City Council request for review of a decision of the Planning Commission approving a request by ROC'S FIREHOUSE GRILLE for approval of an amendment to the conditions of CUP 93-7 to extend the business hours to 9:00 a.m. to 2:00 a.m. for the restaurant located at the southeast corner of El Paseo and Lupine Lane. Said restaurant located at 73-405 El Paseo #32A. I! S. DRIVE 4— 3111 SHOO* ALLY ANURV N ' NQRTM J + PALM � STATE 1 SITE R-3 (4) MOUNTAIN 0 &0 1 S. C-1 C-1 Q N DRIVE R-3 1 ,000 (3) , S:`" - W.1121000 R} 1 JOSNUA 20 STREET 000 _ TREE 1 1 JUNIPER I�1 1 SIR STREET 1 I SAID public hearing will be held on Thursday, June 24, 2004, at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun RACHELLE D. KLASSEN, City Clerk June 13, 2004 City of Palm Desert, California To the City of Palm Desert. the residents within close proximity of Roc's FGehouse Grille: I have written this letter in support of Roc's Firehouse Grille. It was brought to my attention that some residents living close to this restaurant have filed complaints against the owners and are seeking a reduction in their business hours. I have lived in Palm Desert for 22 years and now work here professionally as a local business owner. I am also a regular customer at Roc's, and I'm here to support them in this matter. The complaints as I know them are as follows: -Volume of patrons and music too loud (until 2:OOam) -Patrons witnessed having parties in the parking lot at night -They hear patrons walking to their cars and riving away after midnight -Roc's is a nuisance to the neighborhood In response I can say that I sympathize with the residents to some extent, but feel strongly that some of their claims are baseless. I recently moved from an apartment that was just one block away from these residents, and one block south of El Paseo, (directly behind the Gardens). I constantly heard the music that played over the speakers throughout The Gardens, and heard any live engagements that took place there. However, I never complained, simply because I knew that I was living within an area zoned for dining and entertainment, and should expect such noises. I also walked my dog almost every night and I walked right past the street that these residents live on. I never heard such loud music or patrons, (not to say it didn't occur on some occasion). However, I think that the residents should expect to hear some noise, given the area they live in; (people walking to their cars and driving away). As far as the "parties in the parking lot," the owners of Roc's cannot be held responsible for such actions, if they in fact have or are occurring. However, the owners of Roc's have taken it upon themselves to check the parking lot regularly for such problems. As to the music and volume of patrons continuing until 2:O0am; I have been at Roc's late on several occasions and have never heard the music play that late. It is entirely possible that some guests are using a high level of volume late at night and the owners have stepped in when it occurs to stop it, and they continue to do so when it happens. However, it is a bar and there will always be potential for someone to be too loud, as with any restaurant or bar. This type of problem will exist within any establishment no matter what hours of operation they carry. To say that Roc's is a nuisance to the neighborhood just simply isn't true. Have they directly contributed to any increase in crime or violence in this area? Do the residents know that the majority of patrons of Roc's are off duty firemen and police officers? I would think the neighborhood is actually safer giving that information. In my business I work directly with local bar and restaurant owners, (Roc's is not a client of mine). Many of my clients have live and/or DJ music most nights of the week and are also located within close proximity to residential areas. I have never heard of them having similar concerns with local residents. While I can sympathize with the residents, I fell that their claims are baseless and unwarranted. They chose to live in an area that is surrounded by bars and restaurants and therefore have chosen to accept the noises that go along with that, (with of course the exception of blatant disregard, such as patrons partying in the parking lots). I sincerely hope that the City will not force Roc's to lowers their hours of operation. Doing so would cost them about 40% of their sales, forcing them to move to another city. They have been a long-standing tenant and are far better than any other tenant before them. And, having lived here for 22 years, I have seen every other tenant come and go. El Paseo has many vacant stores as it is, and there are many restaurants that have come and gone. Roc's has proven itself to be an asset to the community and to El Paseo. As I see it, the residents must accept the fact that noise will come from this area, and that the owners of Roc's will do everything in their power to keep the volume at peaceful level within their establishment. What happens outside of the restaurant cannot be placed in the hands of Roc's Firehouse Grille. Thank you, Jason Bianco CITY OF PALM DESERT, CALIFORNIA REQUEST FOR CITY COUNCIL -REVIEW RECEIVED JuN 2 DECISION OF THE Planning Commission 2004 (Name of Deterrnining Body) OMNIUN[TY DEVEY-;MENT`DEPARTMEN.1 Case No. CUP 93-7 Amendment #3 Date of Decision: 6/1/04 !'TV OF DA L.I.4 DESERT Project Proponent: Roc's Firehouse Grille Address: 73405 El Paseo #32A Palm Desert Description of Application or Matter Considered: Request for approval of an amendment to the existing conditional use permit to allow Roc's Firehouse Grille to operate from 9:00a.m. to 2:00 a.m. daily located at 73-405 El Paseo < D. c=> C\i Member of the City Council FOR OFFICIAL USE ONLY Date Filed:Received by: Date of Consideration by City Council: Action Taken: Taken: Date: Rachelle D. Klassen, City Clerk COPY TO C--At`i t\11 HArklassen\WPdata1WPDOCS \FORMS1cnc1 req for rev.wpd DATE 5/21/03 OD: 2 0 je_1l‘ I .r c �! vb 0AL of `� (2L'. Rocis r Hmu sF r�.z e ry CuL1ii (Ge e_ 1- Ving, 4/2. %7) Ps7L 777 c� TJ �E r>uSin SS 1-6<zizS ay EOC`S rEiyrsus6-- (o.•/%- ° Lc 7h9iJ A- Act A-u,- y is Oct T (P11,4 KJ,7E Sewo Qoc AA) ?qs�c U 71rrS, 5.4 ,A7 '°' - f, 13usohr55 /L7 / �c5 Tt/E za h61 .,v✓n51136LS CA>✓ SkiJc21 jY10i Ate cci/e() /27,4k- 4 wO/SE 14/JJ crz r-" A4 Dis-ra-n84-n4. SeR S Eveii.1 7))t7/ 7716 DQ/r7k b.•72f7Ei2S S--q (' ;G47172i ► - C11ed7s /I61` , 1-0/7' / z.'� /5 3'/ .UDTE/ few g,h?ai it 25 60e,/z-r-re-17. S E L 17A `Is .4-r—) �.po JTh--5e/111-6 4-r q.t`0 DA,4 vl(i''9% tua,- t1-iaQ A 7-6) 1f2 . A (9 7 0141)( 1154 gf z- L14 i/67 L, ' 7A-c(//1 ri r t >_< JO tie4-(-5 C.- URIC) CO rnA f+'i NR— m A�'n 0 n5 F' m From: Sent: To: Kennedy, Kristen [Kristen.Kennedy@marriott.com] Thursday, June 24, 2004 10:41 AM rocsfirehouse@aol.com Subject: Letter Hi Roland and Jayme - Hope this helps! Good luck. To whom it may concern: El VED CITY CLERK'S OFFICE PALM DESERT, CA 2004 JUN 24 PM 2: I 0 As a two-year, year-round, resident of 45421 Lupine Lane, #1 and living within the closest proximity to the establishment is question, myself and my boyfriend have experienced no inconveniences or disturbances in relation to noise from ROC's Firehouse. Living near the upscale retail district of El Paseo, we are continually bothered and awoken daily by routine landscaping and grounds keeping practices. I would classify nighttime noise levels from the Firehouse as purely negligible compared to what we experience each morning. 1 feel that we are in the best position to evaluate the level of disturbance and would like to cast our vote in favor of ROC's Firehouse. Let us know if we can help with anything else! -Kristen and Jeff KRISTEN KENNEDY / SPA SALES MANAGER RENAISSANCE ESMERALDA RESORT AND SPA 44-400 INDIAN WELLS LANE / INDIAN WELLS, CA 92210 PHONE: 760-836-1268 FAX: 760-836-1295 KRISTEN.KENNEDY@MARRIOTT.COM ) .afflOtt REWARDS l:NH t)€1v' RENAISSANCE: EARN VALUABLE MARRIOTT REWARDS'` POINTS FOR HOLDING YOUR NEXT EVENT AT A RENAISSANCE HOTEL. 0 1..EItiAISSANCE This communication contains information from Marriott International, Inc. that may be confidential. Except for personal use by the intended recipient, or as expressly authorized by the sender, any person who receives this information is prohibited from disclosing, copying, distributing, and/or using it. If 06/24/2004 June 16, 2003 To: Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, California 92260-2578 From: Gail Kersgard 45405 Lupine Ln. #18 Palm Desert, California 92260 Re: Case No. 93-7 Amendment #3 I recently received a notice regarding the request by Roc's Firehouse Grille, located at 73-405 El Paseo #32A, to extend their business hours. I am writing to oppose the request. As a resident of an adjacent condo, I am an interested party. In May I wrote a similar request. I am amazed that the Firehouse Grille prevailed in their request to extend their hours. Ever since the restaurant opened, they have attracted a crowd of loud, disorderly people. At the close of business, they frequently hang around and drink on the street, (Lupine Lane.) Their loud parties go on while they leave bottles and debris in the street and on the property of the Sandroc Condominiums. I have been awakened a number of times from the loud drunken parties. To extend the hours would create an even bigger nuisance. The restaurant is mostly outdoor dining. They play music and the patrons sing and cheer, as they get intoxicated. I am totally opposed to extending the business hours for this restaurant. In fact, I think the Palm Desert Police should closely monitor the noise level during the regular evening hours of operation. I hope that the concerns of the neighbors will be considered when you make a decision regarding the request for the change of business hours. 1 Gail Kersgard (619) 405-7666 MINUTES PALM DESERT PLANNING COMMISSION SUBJECTT1. REVISION JUNE 1, 2004 Action: It was moved by Commissioner Campbell, seconded by Commissioner Finerty, by minute motion continue Case No. PP 04-10 to July 6, 2004. Motion carried 5-0. B. Case No. CUP 93-7 Amendment #3 - ROC'S FIREHOUSE GRILLE, Applicant Request for approval of an amendment to the existing conditional use permit to allow Roc's Firehouse Grille to operate from 9:00 a.m. until 2:00 a.m. daily located at 73- 405 El Paseo, #32A. Mr. Smith outlined the salient points of the staff report. He stated that since the writing of the staff report, letters of opposition were received and distributed to commission. As well, the applicant passed out a statement supporting the project along with signed petitions in it. He clarified that the staff recommendation was approval, subject to conditions as specified in the draft resolution. Mr. Smith indicated that property owners within 300 feet of the application were notified, as well as businesses in the commercial center. Mr. Smith concluded by asking if there were any questions. Commissioner Lopez noted that the applicant was not requesting a change in the hours of music and asked if it would be appropriate to include that condition as part of the conditions just so it was clear. Mr. Drell indicated there should be a condition that says that all the conditions of the original CUP are still in effect. That is usually condition number one. Other than those amended, all others are still in effect. Commissioner Tschopp asked if staff was certain that it was Roc's customers causing the noise in the parking lot late at night and that it wasn't other patrons of El Paseo businesses. Mr. Drell replied that at 2:00 a.m. he wasn't sure what other El Paseo businesses would be open. He thought the applicant could probably respond to that. Commissioner Tschopp asked for clarification that staff wasn't certain that it was Roc's patrons. Mr. Drell said they weren't. That would probably be one of the things that the noise monitors would do, in addition to measuring the noise, they annotate what they think is causing the noise and they would 3 MINUTES PALM DESERT PLANNING COMMISSION SUBJECT I( R€ViSIOid JUNE 1, 2004 see if it was someone from Roc's. So they would be noting what they think the origin of the noise is so they would have an idea of what an appropriate mitigation might be. Regarding Condition No. 2 that the restaurant's personnel will monitor the parking lot from 10:00 p.m. until 2:00 a.m., Commissioner Tschopp asked if there was any concern for safety or again, if it wasn't Roc's customers creating a problem, what those personnel are supposed to do specifically. Mr. Drell said that as part of the warning to say be quiet in the parking lot, having someone there periodically to make sure there aren't people making noise, it is just to remind their customers who might be parking or leaving to be quiet. It's like any enforcement; people when seeing a person there they might be more diligent. Commissioner Campbell asked if Mr. Smith knew about the people making the complaints and how long they have been living there in comparison to how long Roc's Firehouse has been there. Mr. Smith said he didn't know. There were no further questions and Chairperson Jonathan opened the public hearing and asked the applicant to address the commission. MR. ROLAND COOK AND MRS. JAYME COOK, 73-512 Sun Lane in Palm Desert, addressed the commission. Mr. Cook said that he and his wife are the owners of Roc's Firehouse Grill. He said he had a whole outline of stuff to talk about, but a lot was covered in the general discussion, so he was actually glad he left his notes at home. But he did want to address a couple of different things. He hoped the commission had a chance to review the packet he put together. It was kind of lengthy and some might seem redundant, but it was important for him to add everything that was in there. They would notice that he did sign the lease on June 1, 2001 and after working on it all summer, they were able to open up in November of 2001. During the time they went through the application process with the City and the Planning/Code Enforcement, they were very diligent in making sure that they did everything by the book. That's just the way they both are. Working with California ABC, the agency that issues the liquor license, he talked to their investigator today just to get some 4 MINUTES PALM DESERT PLANNING COMMISSION r„.SUBJECT TC 1 ‘ - REVISION JUNE 1, 2004 information and it is a fact that California ABC works in conjunction with the City and he wasn't sure if it was Planning or Code Enforcement and basically what they say is that they have an application for a liquor license from these people here, this is what their intentions are and ask if the City has any objection. He was told there was no objection from the City; therefore, they were issued a liquor license with no restrictions other than no serving anyone under age 21 and no alcohol sold between 2:00 a.m. and 6:00 a.m. Other than that, they have no restrictions. They could even have a five year old child sitting at the bar at 1:00 a.m. having dinner, that's how their liquor license is laid out and what they were issued by California ABC. So during the whole time they were in business, they were operating knowing in their heads that they had done everything they needed to do to operate until 2:00 a.m. If he could survive closing at 9:00 p.m. or 10:00 p.m., he would. He has a lot of gray hair from it, but they enjoy it very much and it is their life. Something they both dreamed of for 20 plus years and it's finally become a reality in the past three years. In the submitted packet, he said he commented on the types of people who come to their establishment. He didn't do that to throw out a who's who or any of that stuff because that didn't really matter. The only reason he did do that is so the Planning Commission and the Planning Department can see the type of clientele they do cater to. They have a lot of off duty law enforcement, fire fighters and professionals. A lot of the media come there after the 11:00 o'clock news. They aren't just a bunch of young kids who have just had their first drink and don't know how to handle it. To be totally honest, that does happen once in a while, but they take measures to correct the problem. As Mr. Smith stated, one of the conditions to get approval is to have their personnel cruise through the parking lot every half hour. They already do that and they have a lot of personnel, especially Thursday, Friday and Saturday. Monday night, Tuesday night it is slower and might not happen every half hour, but they do have a lot of door guys. They don't call them bouncers because that isn't what they do. They don't have fights there. They basically make a presence and roam the perimeter of the building. They check for 5 MINUTES A F SUBJECT Tf. �► KVISION PALM DESERT PLANNING COMMISSION JUNE 1, 2004 anything like trash and pick it up. Their main purpose is to check ID's. Even though they are allowed to, they don't allow anyone under age 21 past 9:00 p.m. They would rather not even deal with that. So up until a couple of months ago, they didn't know anything about a conditional use permit. They did file one for music on Sunday afternoons, which they were granted a few months ago. That's the only conditional use permit he thought they had. In learning the process here, the conditional use permit goes to the building, not to the business. Once that business leaves, somehow, and he didn't know how it fell through the crack, but somehow when businesses transitioned, they didn't know. If they had known they would have filed for it and if they weren't granted that, there's no way they could financially succeed in this business closing at 10:00 p.m. He added that Mr. Smith probably has a more accurate count, but the location they are at has been at least three or four restaurants and no one has made it yet. As far as he knows, he was the first one because of the things he listed in the packet, that they stay open to 2:00 a.m. and serve food until 1:00 a.m., not just bar food of fried shrimp and mozzarella, but they serve a full on menu. Someone can get a filet mignon dinner at 1:00 a.m. Part of that is what has helped them succeed and build a good clientele of very respectable people. They get off at 11:00 p.m. The media people don't get off until 11:30 - 1 1 :45 p.m. and they get there for a late dinner. Sure, they could shut down at 10:00 p.m. and raise their prices like a lot of other high end restaurants on El Paseo, but he honestly believed there are a lot of high end restaurants on El Paseo and it was really refreshing to even the tourists walking around on a Sunday or Saturday afternoon to be able to walk in with their shorts, drink a beer and have a hamburger. He thought there was a stigma with El Paseo, and it wasn't a bad one, it's the shopping mecca of the Coachella Valley like Rodeo Drive of Beverly Hills, but they still have people here who like to go to a casual place and not spend a lot of money. But the only way they can stay open and survive, and they would be more than willing to review their books with them in closed 6 MINUTES FTSUBJECT Tf REVISION PALM DESERT PLANNING COMMISSION JUNE 1, 2004 session and show them exactly what they do per hour from 10:00 p.m. until 2:00' a.m. It's a tremendous amount. From 10:00 p.m. on it is 45% of their annual income. That's an annual average. Thinking about taking away 45% of anyone's income away, something catastrophic has to happen and in their case, they would just have to shut down. He said many of their employees were at the meeting. They usually hire between 18 and 23 people, depending on the time of the year. They would all be without jobs as well. He wasn't asking for sympathy for anyone that might lose their job, but that was something to think about. Per square foot, he would challenge anyone to beat their volume per square foot. They are a small place and they do a lot of volume there. The only reason they do that is because both of them are there, Jayme's there more than he is because he still has another job, but one of them if not both of them are there to make sure things are run correctly. Shutting them down at 11:00 p.m. he didn't think was the answer. He empathized with the neighbors, and he could say that with a true heart because he used to live right there. He used to live in one of the second or third closest ones to their restaurant when it was their restaurant. Noise from their restaurant was never an issue to him. They could say he is biased and they would be right. He's proud of what they've built. But honestly, he never heard noise. He would hear occasional laughter. What bothered him the most was waking up at 7:00 a.m. with the trash trucks and the gardeners facing El Paseo that was right adjacent to their building. But he knew that was what he had to do to live next to El Paseo. Commissioner Tschopp asked where Mr. Cook thought the undue noise was coming from. He asked if it was just normal noise or if it was something happening by a few screeching cars, people standing in the parking lot talking too much, and if he knew what the noise was and how he could maybe tone it down a bit. Mr. Cook said that was exactly what he was going to say. He noted that Commissioner Tschopp alluded to earlier that it might not be coming from their business. In rare cases it might not be. To be totally honest, they have a lot of people there and a lot of people that park along Lupine because it is a very close block to 7 MINUTES PALM DESERT PLANNING COMMISSION FT_ STr.REVISIONUBJECT JUNE 1, 2004 their restaurant. He noticed something very interesting today. He made a suggestion in passing to someone at the City months ago that maybe they should paint the curb red and no one could park there and that would take care of 90% of the problem. Because a lot of the problem is that people walk to the car and say goodbye to their friends and slam the car doors and take off. That is going to happen. But now the streets are all red curbed and in his opinion that would eliminate 90% of the problem right there. He was really happy to see that this morning. He didn't paint it and didn't know who did, but he was glad it was there. Commissioner Lopez asked Mr. Cook to tell them a little about their music and what type of music they have and their hours of operation. Mr. Cook asked if he meant their Sunday afternoons. Commissioner Lopez clarified that he meant the normal entertainment that they have. Mr. Cook said it was just piped in music. They keep it down really low because they learned the hard way when they first opened. They want it at a level to listen to the music but still talk. What happened was that the more people that were there, they would raise their voices and they kept raising, so after the first couple of months they keep the music down really low and they can't make out the words unless they know the song. Commissioner Lopez asked about any live entertainment. Mr. Cook said they only have live entertainment on Sunday afternoons and they are done by 9:00 p.m. Memorial Day weekend they kept it until 10:00 p.m. or 10:30 p.m., but that was a rare case because it was so busy and there were a lot of tourists from out of town. Commissioner Lopez asked if he was aware that one of the conditions was that live music has to stop at 9:00 p.m. Mr. Cook said yes and they usually do, sometimes 8:00 p.m. 8 MINUTES PALM DESERT PLANNING COMMISSION FIAFTSUBJECT TC. ' - MOON JUNE 1, 2004 Referring to the Request to Speak Cards, Chairperson Jonathan asked if Mr. John Robert Allen wished to address the commission. MR. JOHN ALLEN, 72-790 Caliandra, stated that he is a resident of Palm Desert and he was in support of Roc's Firehouse Grille, and all well -run businesses across the Coachella Valley and the United States. He said it was unfortunate that people have complaints about the Firehouse Restaurant, one of which he understood to be noise. When he firstheard this he chuckled, but then he gave it some thought and started to think that he should call Caltrans and have them shut down Haystack when he wasn't in the mood to hear cars. And then he thought he should call the Fire Chief of Palm Desert and have him move the fire station that's right down the street because he didn't really like the sound of that fire engine when it goes by. And then he really got to thinking and figured that he should go in front of the Planning Commission and request that the entire city of Palm Desert be shut down at 9:00 p.m. because the lights from the cars and businesses bother him. But then he thought about it some more and remembered the following: he bought his home knowing that there's a main thoroughfare in front of it and that fire station was there way before him, and as for the city shutting down at 9:00 p.m., he wouldn't have moved to this beautiful city if it didn't have all the wonderful diversity it has. It is a wonderful city and he is proud to be a resident and call this place home. He has lived many places on this earth and this city is coming alive. It's rich in culture and activities for both the young and old. Roc's Firehouse is a key element of this equation. He is a fireman in the valley and does go to the Firehouse. He goes there because it is a well -run business and he wanted to point out some positive points of this local mom and pop success story. It is clean, and when he says it's clean the obvious would be that it's clean. In addition to that he meant the following: there's a zero tolerance for drugs. He has seen that first hand. The bad person is walked right outside and told never to come back. Plain and simple. People are allowed to have their free speech and this is 9 MINUTES �- SUBJECT "IR€41SIONTt PALM DESERT PLANNING COMMISSION JUNE 1, 2004 America, but when it is showing signs of getting out of hand, the same thing, the person is told to leave and not to come back. It's safe. Yes, they have doormen and they might say that if they have doormen they must have trouble. If that were the case then every police department in America could down staff. The doormen, like security guards at airports, banks, malls and even the local police deter the problem from even entering the establishment. This is the only local bar and grill that he actually feels totally safe in. There are some places in Palm Desert that he wouldn't even step foot into. He wouldn't say their names, but he was sure they didn't go there either knowing what they all know about them. Like he said earlier, he chuckled that he was even here. He had to stand there and defend an American success story to plead to let them stay in business. They are an asset to this community. They ask how? They employ 20 residents. That in this day and age is pretty darn good. They've all seen the news and the unemployment numbers. They are the only success story out of this address. They make it. They opened a business, the American dream. They pay their taxes, they employ residents, they pump money into the local economy by using local vendors. They provide a great product for an economical price that people can afford. This is the place where people can go and feel safe, people know your name, people are happy, and the atmosphere is awesome. Kids love it and they even get a plastic fire helmet. They don't find this kind of place everyday. He personally knew people who have traveled 100 miles, not only to enjoy the valley's events and weather, but to come specifically to Roc's Firehouse Grille on El Paseo. He knew both Roland and Jayme personally and knew their character. He didn't associate with bad people. He knew them to be honest, loyal, and hard working blue collar people. Shutting down a business or pulling a permit was not the answer tonight. If this were to happen, it would be a clear message that Palm Desert doesn't want to help in the American dream. They have two people who have scraped up everything they've had, used every bit of elbow grease, and worked their butts off. And for 10 MINUTES PALM DESERT PLANNING COMMISSION r SUBJECT Tr. REVISION JUNE 1, 2004 what? To echo what he had been saying throughout his entire presentation and that is to live the American dream. MR. JASON LOYA, 68-740 Hermosillo Road in Cathedral City, addressed the commission. He informed commission that he's a local fireman in the valley. As a patron of Roc's Firehouse Grille and as a part-time employee from the very beginning, this is an establishment that is clean, safe and well run. This isn't a place where he just goes with his buddies, this is a place when his family comes into town they want to go and visit and have a good time. He didn't know where they could grab an excellent meal, drinks and service after ten o'clock at night other than going to a fast food place and that wasn't the type of service or atmosphere he enjoys. So he asked them to please allow Roc's Firehouse Grille to continue to operate from 9:00 a.m. to 2:00 a.m. MS. JULIANNA CLARK, 74-050 Catalina Way, addressed the commission. She said that she is a teacher in the area and she just wanted to come up and say that Roc's Firehouse Grille is a safe, clean place where she can go with her family and friends. She can go there with her girlfriends late at night and feel safe. She can get a late night bite to eat. It's like no other place in the desert. She recommended not only to her friends to go there, but parents of the children she teaches. She also had a second job at a local restaurant here in town and they close down at nine o'clock and many times patrons will come in after they close and ask where they can go to get a late night bite to eat at 10:30 when the last of their customers were leaving and she was gladly willing to recommend Roc's Firehouse Grille, it's close and in Palm Desert and she didn't have to recommend that they leave Palm Desert and go to surrounding communities to get a late night bite to eat. The whole point is they wanted to keep them here in Palm Desert. So she asked for their consideration to approve the application to have their business open until 2:00 a.m. MR. JASON BIANCO, 73-506 Joshua Tree Street, addressed the commission. He said the commission had a copy of his letter. Basically, someone said it best. If they live in this area, they should expect to hear some noise. He has lived in Palm Desert for 22 years, a year and a half of it recently was spent on Shadow 11 MINUTES PALM DESERT PLANNING COMMISSION FTSUBJECT IC, REVISION JUNE 1, 2004 Mountain behind The Gardens, which is two blocks south of Roc's Firehouse. Every night he walks his dog and he walks past and down Lupine and he never heard any of these noises. That wasn't to say it didn't occur, he didn't hear any of these things. Living behind The Gardens, he hears the music they have piped in that plays through the parking lots, he hears car doors shutting all the time, and people talking as they walk going to have dinner there. They have live entertainment. But he never complained because he should expect that as the people live in this area should. They may have moved in before some of these establishments were there, but they did so knowing that this is an area zoned for entertainment, zoned for dining and there were going to be people there and eventually there are going to bars there open until two in the morning, not just the one. He thought it was a very unique thing and was the first of its kind on El Paseo. To take that away from them would be a disgrace. It didn't make sense to him. Car doors shutting at night, of course people walk to their cars and go home. That is what's to be expected. MS. MICHELLE LANHAM, 78-330 Via Servilla in La Quinta, addressed the commission. She said she has been going to the Firehouse since they opened and actually used to work there. She now works for Las Casuelas La Quinta and they all close at 1 1 :00 p.m. Working in a Mexican food restaurant, she didn't want to eat there, so a lot of them go to the Firehouse because they don't want to hear the noise of booming bass music, don't want to deal with the meat market atmosphere, they don't want to deal with any of that and want to go some place that is quiet and friendly where they can go and kick back and not be bothered by all those noises. For those of them that like to go there, she asked for approval of the application. MS. TRISH FAY, 54-521 Lupine Lane #3 in Palm Desert, said that she works at Robinson's May and sometimes they stay open until midnight and she likes to go to the Roc's Firehouse. She said she lives directly cater corner and is probably the closest person living nearby. She and the girls at work like to go there after work and not be bothered by anybody. Roland is always there. They have their doormen there, Jayme's there, everybody's friendly, they sit 12 MINUTES PALM DESERT PLANNING COMMISSION Qw SUBJECT Tt REVISION JUNE 1, 2004 down and eat, they have fun, they talk, they laugh and it doesn't seem out of hand. They aren't screaming at each other and she would hate to see it close down because she didn't really like working until midnight and didn't want to go to Denney's any more. They like to go to the Firehouse. She said she would appreciate it if they would keep it open and she lives right across the way and she, too, like Roland and Jayme, is more irritated at seven o'clock in the morning by the trash man and the gardener with his blower right outside her window and sometimes she does work until midnight and her day off could be any day of the week and she wants to see them open until two o'clock every day of the week. Chairperson Jonathan asked Ms. Fay as objectively as possible to tell them what her experience was with the noise level between 9:00 p.m. or 10:00 p.m. and 2:00 a.m. To be honest with them, Ms. Fay said that when she's not there and is at home, she's watching tv and she doesn't hear that. What she hears is maybe sometimes people rent out the condos where they live to people that don't normally live there and they run through her parking lot screaming and yelling, throwing beer bottles and she didn't know how many times she had to go out in their own parking lot and sweep up beer bottles. And young kids, she didn't know what unit they were staying in, she tried to find out, but she was more troubled by that and she didn't really hear anything coming from Roc's. Chairperson Jonathan asked for confirmation that she didn't hear noise, patrons, cars, music. Ms. Fay said no, what she hears is her tv and kids running through their parking lot which is directly across from their parking lot. She was honestly telling them the truth. If she was ever bothered, she would simply tell them she couldn't even hear her tv and they would totally turn it down, but that hasn't happened. She can hear her tv more than she can hear anything there except for the kids or the gardeners. 13 MINUTES PALM DESERT PLANNING COMMISSION Si1BJECT Tf g➢ e REVISION JUNE 1, 2004 MR. JONNY ANDREASEN, 45-421 Lupine Lane #3, said he's in the very first building in the complex called Sandroc. He has been out here since 1973 and he actually used to ride his bike where Roc's Firehouse is because it was nothing but dirt because El Paseo 30 years ago was nothing but dirt. So he would think that with progress and time with all these beautiful buildings that are getting put up and these businesses coming in they see a nice restaurant come in and the next year they are out and something else is open, then vacant, then open and they have to expect with the growth going on in this whole community with the housing going crazy that what used to be nothing but sand is now houses and there's going to be more traffic, more noise and more congestion. He thought the city needed revenue like that so that they all help each other and Roc's Firehouse is a great place to go because he himself is a personal business owner on El Paseo and it is nice to just get off work, get off work at eight or nine o'clock sometimes, sometimes six, he never knows, and just go over, have a casual bite to eat and he can walk home and walk to work. That's how close he lives and he appreciated the owners, the place and the establishment is very well run and there was rarely any hassle there. If they hear anything, it is probably someone out in the parking lot that may not even have anything to do with Roc's Firehouse. Chairperson Jonathan asked him about his experience with the noise level in the 10:00 p.m. until 2:00 a.m. time frame. Mr. Andreason said it was going to be cars that are going around. Harley Davidsons. He asked if they had ever heard their motorcycles. Well, that is the most obnoxious thing, so if it is two guys cruising down El Paseo on their Harley's, how is to say that is from Roc's Firehouse? So there is going to be noise with the growth and the noise volume that people are complaining about is really very minimal. From time to time they will hear a glass break or someone dumping out the trash from the evening's business. He thought that was to be expected with a business and growth. He has Picanha's cooking steak at ten o'clock in the morning and sometimes he doesn't want to wake up at ten o'clock in the 14 MINUTES PALM DESERT PLANNING COMMISSION r% SUBJECT Ifs ''. A "' REVISION JUNE 1, 2004 morning smelling a bunch of barbequed Iamb. But he wasn't complaining about that either and was hoping it all worked out for everybody because it's a great place. MR. CHADWICK BRADBURY, 76-784 Ascot Circle in Palm Desert, said he is also an attorney in town at 75-140 St. Charles Place Suite B. He stated that they represent Roc's Firehouse Grille, but he wasn't present in that context. He said one thing that troubled him is that this conditional use permit is not a recorded instrument on the property. What troubled him about that is they have these folks come in, they purchase the property, they incur costs, substantial costs remodeling it, upgrading it, they rely on being able to run a bar until two in the morning. There's nothing due diligence that they could have determined that there were going to be restrictions on the hours. He suggested to eliminate this sort of thing from happening in the future, the City could implement a policy where the conditional use permits are to be recorded on the building establishment since it is a covenant more or less on the property that runs with the land. That way someone that comes in looking to purchase a property, a restaurant for example, through their due diligence could find out before they invest all their time, effort, etc., that there may be a potential problem. They could then make an informed business decision at that time as to whether or not this would be a wise investment. In this situation, if this wouldn't have happened, what brings us here now wouldn't have happened if they had done that and require it as one of the conditions on the usage permit to the issuance of the permit. The cost could be borne by the applicant, gets recorded, it is a covenant that runs with the land, and no more problems. Chairperson Jonathan asked if the City Attorney had any comments on that. Mr. Hargreaves stated that typically CUP's are not recorded. Typically none of the land use entitlements are recorded unless there is a development agreement and that is standard throughout California. Part of due diligence typically is to go in and talk to the Planning Department and find out what kind of a zone you are operating in, what the 15 MINUTES PALM DESERT PLANNING COMMISSION FT. SUBJECT IT REVISION JUNE 1, 2004 restrictions are, and what potentially can happen around you in terms of development. Mr. Drell said staff routinely gets zoning compliance requests from people; from lenders, from insurance companies, from investors. He would agree that when a business comes in they fill out a Certificate of Use and it would probably be a good idea when they fill that out and Planning signs it that they attach to it if there is a conditional use permit that they identify the CUP on that and attach those conditions of approval for those people who aren't professional real estate investor/developer types; it would probably be a good idea if they could do that. MR. TONY TERRAZAS, 79-235 Ashley Place in La Quinta, addressed the commission. He said he manages one of the valley's museum's here. He thought that Roc's establishment is a good, clean place to go to. He emphasized that a lot of civil servants patronize that place. There are a lot of officers there, fire men and wanted them to keep it going. MR. JOHN RICHARD SCHUMAKER, 73-501 42nd Avenue #H63, addressed the commission. He stated that he is the resident chef at Roc's Firehouse Grille. He thanked everyone for their wonderful words about the food. He said that on occasion he has worked for Roland and Jayme as part of their security team that they have there. In short, saying that there has been a problem with some of the noise and security problems, not so much as everyone has been led to believe. They do run a very clean, very safe environment for people to come in and enjoy themselves. To limit their hours of business or restrict them in that sense would not only be detrimental to the employees that work there, but also to him by not allowing him to fully handle everything that needs to be done in the restaurant business. He has worked in this community all his life. He is a full-time resident, was born, school and raised here. To him, Jayme and Roland are part of what he would want to be. They make everyone feel as part of their family there and he is very proud and very loyal to them. As far as security, he has seen on occasion that there isn't as many problems as everyone would like to believe. He has not seen too many of the noise conditions. On occasion, yes, they were going to have a lot of people running in and out of the 16 MINUTES PALM DESERT PLANNING COMMISSION ` K' o REVISION SUBJECT Tf. JUNE 1, 2004 establishment, especially a little later at night. That is just the nature of the beast and what happens when they have this type of business. But they are very fair, very just and good people and they deserve to have this chance to stay in business the way that they have been so far. MS. ANDREA HIGGINS, 45-350 Sunset Lane, addressed the commission. She said she didn't want to be redundant or mundane, but she wanted to hit two aspects that she personally and professionally wanted to point out. The first one was being a young professional herself, there are only so many establishments out here in the Coachella Valley that they like to obtain and patron. Being out here five years, she has seen the increase in population. She believed there was a survey about two years ago that said daily about 18 + people move here and to have a professional, fun, young environment like Roc's Firehouse is a great place and a clean, fun place for them to go to. Next, she works for a very large hospitality company out here. Probably the biggest employer of the Coachella Valley. Her personal job is activities director working with different venues and avenues throughout the desert. She herself has had two different events at Roc's Firehouse and the professionalism of Jayme and Roland together is top notch. She has worked with totally different venues, whether it be an art gallery or Saks Fifth Avenue and they are very professional, they follow up and are willing to conform to any perfectionist ideas that she might have. Her point was to let them know that any statutes, any conformities they give them to keep their establishment open until 2:00 a.m. she was sure they would do with a smile. She said that Roland and Jayme are very respected out here in the desert, not just for owning Roc's Firehouse, but by being parents and friends and firemen and just fun people to hang around with. She hoped they would keep it open until 2:00 a.m. MR. DAVE HOFFMAN, 45-775 #1 1 Ocotillo Drive in Palm Desert, addressed the commission. He said he is an employee of Roc's Firehouse and has been there almost four months. Before that he was a regular for two years. He has lived in the desert for nine years and worked in the service industry. Throughout those nine 17 MINUTES TSUBJECT TC REVISION PALM DESERT PLANNING COMMISSION JUNE 1, 2004 years there hasn't been a place that has created an atmosphere for people late night who work in the service industry to go to relax, hang out, have good food and feel like they're part of what's going on. It's like a family atmosphere. It's almost like you're having a family barbeque. You're there with your friends, out of towners come in and the staff makes them feel welcome, has fun with them and everybody feeds off of each other because they know a lot of the people. Through Roland and Jayme's friends and the business they create, everyone feels comfortable there and late night people get off work at 11:00 or 1 1 :30 people can go there and hang out, have well priced cocktails, the music isn't overly loud so you can actually sit and have a conversation and not worry about yelling at each other compared to other restaurants that have late night hours. Personally, he enjoyed being there and was thankful that he has been able to join the staff. He has a great time with friends, the owners and everyone else that he encounters on a daily basis. Also, a lot of his living he makes between the hours of 11:00 p.m. and 2:00 a.m. with all the other service industry people that he has met in the nine years he's worked in the valley. It created a very good feeling for people to go there and have fun. He hoped they would allow them to continue serving the people who are looking for that and making new business through the other people who hear about them. He hoped to see them there sometime soon. MS. CAROL DEAN ROSS, 73-405 El Paseo Suite 31 D, addressed the commission. She said her letter and ad were in Roc's package. She is the next door neighbor on El Paseo, the retail store right next door. She has been on El Paseo about ten years and was looking for a new location and would drive by all hours, morning and night, and would see the clientele there. She was lured to that location when she saw the patrons. As soon as the location came up, the sign wasn't even in the window five minutes and she scooped it up and she was very happy to be there and marketing herself right next to Roc and Jayme and what they had going there and what they were building. She scooped it up, signed a three-year lease and was very happy to be there. The first thing she did was run that ad to 18 MINUTES FTSUBJECT TC 16. REVISION PALM DESERT PLANNING COMMISSION JUNE 1, 2004 come see her in the new location, see the boys next door and they are so happy that Roc and Jayme were open to letting them kind of Zink onto their image. She really worked hard to market themselves to that clientele and on Sunday afternoons they are open, they open the doors, the music pipes in and it makes a great kind of vacation atmosphere for them. Everyone is happy to be there. The staff is so helpful and friendly. They send the guys over there while the women shop and they have created a little hub. They come in in the mornings around 8:30-9:00 a.m. and it is spotless and immaculate. There is never any left over residue of anything that has gone on the night before except they have people coming in all day saying they sat there all night looking at a top in her window and they had to have it. Her business feeds right off of theirs. Jayme and Roc have been very professional and easy to deal with. They have been great neighbors. They did a promotion together and they came down and got a conditional use permit so they could have everything done just right. They couldn't just open the doors and do a party. Everything had to be done with the I's dotted and the T's crossed. They followed through on everything. They came up with an idea and Roc and Jayme just followed through on everything to make it by the letter. Everything came up great and everyone is happy. She would be so disappointed if after all this time being on El Paseo she made this big move and if they were gone, it would just be like the air was out of the balloon. It would be really sad. They really really focused on being next to them and being part of their clientele and making it a package deal. She asked that they be allowed to stay open. MS. KRISTIN KING, 46-315 Ocotillo #A in Palm Desert, addressed the commission. She stated that she has worked on El Paseo for eight years. She has never seen an establishment last where they are at except this one. She actually works in a restaurant on El Paseo and she could probably speak for half of her staff that comes and joins everyone after they get off work at 1 1 :30-12:00 because they can't eat at her restaurant. They go to Roc's and enjoy a late night dinner, a drink and hang out and talk about their night. She said it is a very successful business, she's really proud 19 MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 SUBJECT TC. °' REVISION FT of them. She enjoys it herself and she hoped they approved their application. MS. SUSAN BURTON THOMPSON, 44-040 Superior Court in Indian Wells, addressed the commission. She noted that there are so many good restaurants in this area and probably per capita they have more great places to eat. But this one is unique. She and her husband and many of their friends have great passion for the McCallum Theater, films, opera and when they get out of the McCallum or out of the opera or a late night movie, there's no place to go where they can sit quietly and have a steak and salad unless they go home or go to a fast food place. She asked the commission to keep them open for all the theater patrons in this town. They would appreciate it. MR. MIKE CUBA, President of the El Paseo Village Homeowners Association, 73-484 Shadow Mountain Drive. With him at the podium was HARRIETTE GOODALL of 45-418 Lupine Lane and PATRICIA FARR of 45-430 Lupine Lane. Mr. Cuba explained to the commission that these ladies live within 50 yards of the establishment. He himself owns a couple of properties there. He wasn't there to complain, he was there to point out that it has been difficult for these ladies for the last two years. He didn't even know if they had sent any official notices or complaints to the City or to Mr. Drell or any of the people involved, but he was there to state something simple. Last time he was there before Council a restaurant named Kacoon's made this same almost identical application. They went out of business. They went out of business because they claimed they needed to have more music and more activity out there in their outside area. He believed it was either the Council or the Planning Commission that turned down that application from that lady because she had a lot of problems right there in that area. He didn't know how many problems Roc's has. He likes Roc's and think it's a great place. He thought it was clean and that they run a good business. But he also wanted to ask a simple question. What is the City's standing on smoking in public where food and beverage is served? He asked if there was someone here who could answer that. 20 MINUTES PALM DESERT PLANNING COMMISSION FT_ SECT RgVISIOUBJTC N JUNE 1, 2004 Chairperson Jonathan said they weren't going to get into that issue. Mr. Cuba said that what he was saying was they are inviting them to stay open until two o'clock in the morning. Chairperson Jonathan informed him that the City has a Code Compliance division if that is an issue (speaking of the outdoor smoking policy). Mr. Cuba said he wasn't there to make complaints. They were there to say they are against this issue. As homeowners they don't wish to have a business that is going to be open until two o'clock in the morning that invites strangers into their neighborhood who park on their lawns, who park in their driveways, who he has found in their swimming pool and jacuzzi area just wandering. He wasn't there to say that they are from Roc's, he was just saying he wants to keep the neighborhood the way it has been. He's lived there for 20 years and has seen a lot of changes. He's been to the Council many times before from the days of them building The Gardens right down to the last time he was here at City Hall, Kacoon's restaurant had made a similar request and was turned down. They were asking that this application be turned down at this time. Ms. Farr said she has owned her town house since 1990. She moved to the desert from Newport Beach because of a serious car accident that she was in and her husband was killed. She needed to have a little time to recover. Unfortunately, when the liquor license was issued she wasn't here because she was in a business environment in another area, so if she had known that they were going to issue a liquor license, she would have definitely turned it down. Secondly, she personally has called the police twice because of fights in front of her home. Guys fighting that were roaming up Lupine Lane screaming and yelling and got into a fight. Their next door neighbor Allen actually went out and had to break up the fight. That has happened twice. She called the police twice and didn't know why it wasn't on any record. 21 SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 She is an entrepreneur herself. She didn't want anything bad to happen to these people, but they have motorcycles screaming up and down Lupine Lane until three o'clock in the morning. They have trucks barreling up and down that street and she wasn't an old fogey, but she does have a medical company and has patients and she needed to be able to rest so she can get up in the morning and do her job as an entrepreneur. She didn't want to hurt this young man, but there had to be a little give and take here because it wasn't fair to them. She thanked the commission. Ms. Goodall informed commission that she has been a homeowner in El Paseo Villas for 20 years. The thing that really bothered her wasn't the food serving, it is the noise factor and the people who come into her driveway. She is right on Lupine and has a town house there and they throw up. This is from a bar that has stayed open very late. She didn't care what time they said they closed before, they are still coming out very late. It was after 12:00 and 1:00 a.m. at night. She asked what would happen when it closes at two in the morning? That meant at 3:00 or 3:30 and she couldn't get any rest. She couldn't keep the windows open or do anything. She didn't dare even go out on her patio at night because of the element that is strolling around her area and it all comes from the opening of Roc's Firehouse, because that is the only one that's open. And they are very noisy. She felt the noise and the music had to be turned down at night. They couldn't even rest and that was the truth. Her student that goes to the College of the Desert is frightened to death to come home at ten o'clock at night because of what is going on past there. That is the truth. She was all for a restaurant there. That was fine. But that was very hard on all of them. She thanked the commission. MR. ROD CORTEZ, 314 North Mountain View Avenue in Cathedral City addressed the commission. He said he wanted to respond to the element that attends Roc's. He said he works in San Bernardino and is a Deputy District Attorney and he prosecutes hard core gang members. He said he has to be selective in the locations that he goes to because of the work he is in and to hear that there are these types of people roaming the streets, he 22 MINUTES PALM DESERT PLANNING COMMISSION FTSUBJECT TC REVISION JUNE 1, 2004 wouldn't go to Roc's if that was true. As a number of people have already said, this is a safe environment that he, his wife and their friends go to all the way until two in the morning. He thought it would be a travesty for people like himself and their friends if that was taken away because it is a good environment. It isn't a loud environment where they are screaming at other people. The only time he heard a scream was when his wife was yelling at him, but that was something completely unrelated. So what he was there for was to support this business. He thought it was a good business for young people, for professional people and for people that are not as young as they once were. He thanked them. MR. JIM GREULICH, President of the Homeowners Association of Sandroc, 45-405 #13 Lupine Lane, addressed the commission. He said they've been there since 1987. He felt like Johnny Carson in a show many years ago. He had a bunch of people who came. There was very little of his original remarks that haven't been stated more effectively. The subject came up that it got loud enough in there that they had a problem with people hearing the music. That happens. Someone else stated that he could remember when Sandroc was built in 1972 and it is residential. El Paseo Village has been there almost that long. It is residential two blocks backing up that entire area. Someone got up and said that people move in and know there is a restaurant down there. Didn't the restaurant realize there is a residential area behind there? He raised a question about that. The only thing that their group has been concerned about is the extension of the hours. They haven't talked about the quality of food. Their written statement said nothing about the clientele except that the process gets noisy, particularly one, when they're leaving; two, there are times when the group gets boisterous. Voices do carry. Many of their owners have been there since 1972 - 1973. They are older. They enjoy this place. Most of their owners rent. They are dependent for income on the snow birds who are also elderly in a residential area who like to have their windows and doors 23 Ai FT � SUBJECT TC. friR€YlS10N MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 open and sit on their patios in the evening and it gets kind of difficult to do that. If it stopped at 1 1 :00 p.m., he was sure they could probably live with it. They have been living with it. But to extend it on until two in the morning didn't make very good sense in an area that is that strongly residential. He hoped they would review their thinking and their application and take a look at what might be the most fair way to do things. He thanked the commission. MS. ROBIN SWANSON, 44-245 East Sundown Crest in La Quinta, addressed the commission. She informed commission that she is the manager of Carol Dean's on El Paseo, which was right next door to Roc's Firehouse. She works every Sunday. She's in that store by herself. They have glass doors that open onto their patio. When they have the band going, they have total, complete standing room only out there and she has her glass door closed, she is barely even aware they are out there. And she is right there off the patio with nothing but glass doors separating her from them. She just found it hard to believe that the noise could be that much different at night versus a live band in the middle of the afternoon with cars and people all over the place. They are great for her business and she wanted to see them stay. She thought they were a tremendous group of people. She thanked them. MR. DAN BALL, 42-650 Melanie Place, stated that address is KESQ Channel 3 in case they didn't know that. He said he had a lot to say. He didn't take a lot of notes and was going to wing it just like he does his broadcasts. He said he wanted to rebut a few things mentioned by a few of the people which he was sure the Council was aware of when it comes to real estate law. People that buy those homes, even though that maybe zoned residential, they understand when they get a TDS transfer disclosure statement that within two miles (this was two blocks) it is zoned commercial. They know moving there that there could be noise from restaurants and businesses. That is a known. He has a real estate license so he knows that is a fact. That's the number one thing. Number two, he wanted to talk about Roland and Jayme. He met Roland about two and a half years ago. Right after 9/11 he did a 24 FT SUBJECT Tt. REVISION MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 story on him. He was fortunate enough to meet him is what he should say because he left for ground zero the day after it happened and put his restaurant on hold, lost a lot of money, was barely able to get it off the ground when he got back, and he met this man and said he was going to help him to get his restaurant back and get back to work as a Palm Springs fire fighter. So they did many pieces on him and he became good friends with him and Jayme. The restaurant then has become somewhat of a haven for local Palm Desert people who work for a living, who work long hours and need a place to unwind. These are fire fighters, they are policemen, they are deputy district attorneys, they are news people who get off at 11:30, these are not gang bangers, they aren't people puking in your yard. If that happens, he guessed all they could say is they are sorry, but one bad apple shouldn't mess up the bunch. Isn't that what your grandparents told you? That's what his grandparents told him. He didn't think the developers of Point Happy in La Quinta behind the Beer Hunter are getting less than $600,000 to $800,000 for those homes and he was sure someone on occasion walked out of the Beer Hunter on occasion and pukes. So, his whole point to his ranting and raving is if progression is what this city wants, it's where the desert's going, the average median age moving to Palm Desert is now 37 or 35 according to the last report he did. That's the clientele that goes there. These are people with $55,000 to $100,000 incomes that are 35 years or younger. They need a place to unwind and go. The place has been open for the last two years until 2:00 a.m., not 11:00 p.m., and they have been dealing with it, not 11:00 p.m. So he thought to put a man out of business who he considered a hero who did what he did for 11 days at ground zero and what he does every day for the Palm Springs Fire Department and the place he provides for people to go and hang out in a comfortable environment until 2:00 am., where they can get a late night, inexpensive menu when they don't make much money, where they can hang out with friends who don't get off until 11:30 p.m., and where every other bar is closed down or has gang bangers like Bananaz or Zelda's. Those are places they don't want to hang out at. This is a place they can go where they can talk to their friends at the normal conversational level, the music isn't that loud and he has been in the back parking lot to get 25 '114 ri SUBJECT TC. REVISION MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 his vehicle and he can barely hear it, so if he is in that back parking lot directly behind to the south, he couldn't imagine that the condos could hear it. So again, he asked the commission to reconsider leaving the establishment open until two. It has already been there for two years and obviously if they pulled it back to 1 1 :00 p.m., they've heard from the people who work there and make a living working there, it will pretty much ruin them because that is the bulk of their business, that two or three hour period. So if they pull that they will not only be destroying the business for Jayme and Roland, but for all the workers that are employed there, not to mention a very large crowd of individuals that not only work and live in Palm Desert, but just enjoy going there and meeting friends. He urged them to reconsider and leave their extension until 2:00 a.m. Chairperson Jonathan asked if the applicant had any rebuttal comments. Mr. and Mrs. Cook came forward. Mr. Cook said that Jayme reminded him of something she wanted to bring up and as he looked through the letters he submitted, he wanted to mention a couple of things as well. Carol Dean mentioned that she took advantage of moving next door to them and there is a brand new restaurant across from them, Picanha's that used to be the old Mario's Sing While You Dine, and there is a letter of support from the owner of that restaurant as well, Picanha's. Without even trying, they work off of each other. The owner of Picanha's said his first season is beyond his expectations for a one-year restaurant and that's because, it's the same as Carol Dean was saying, they have a lot of guests that sit on the patio and they will ask about the new place and they will tell them and then they go there the next day and try it out. So there is a lot of working together that businesses do have here. And they do have a lot of residents that live in Sandroc and the condo complexes south of them that do come to Roc's Firehouse. In fact on Sunday there were several residents from several different addresses in that complex that were there. Once he found out who they were he asked what was going on and if there 26 MINUTES 7,„ AFT SUBJECT TC. MOON PALM DESERT PLANNING COMMISSION JUNE 1, 2004 were any issues he could take care of. The guy asked what he was talking about. He said he heard something about that and the only complaint was that he didn't like hearing the trash cans being emptied into the dumpster at three o'clock in the morning. Something as simple as that he would have the dishwasher do that at 10:00 a.m. when everyone is awake. Just little fixes like that. The red curb all the way down Lupine will address a lot of the issues that the residents have here. They don't park there or if they do, they get towed, which is fine with him. If anybody, all of their people will attest to this, if anybody causes trouble there, he is the first one to cut it off. They don't allow any misbehaving, vomiting on people's yards, and certainly not parking on their lawns. That was simply not true. Some of the things that Jayme wanted him to discuss is a common thing they see in the media now, 40 people per day are moving into the valley from surrounding areas and they are just growing. He was thankful, they need the economy and are getting busier and busier as a valley and everyone is going through growing pains. He just saw something today about North Shore and Mecca growing like crazy with housing. That's just what is going to happen. Mrs. Cook noted that one of the gentlemen bought their places in Sandroc over 20 years ago and they want it to stay the same. She thought if any of the commissioners had been in this desert for the last 20 years like she has, nothing is the same. She was the only car driving down the street in August or maybe not the only one, but it felt like it. Times will be different again in 20 years and hopefully a thriving economy. They chose to put their business in Palm Desert because they wanted to be able to grow with this city. Mr. Cook said that was all they had to say and asked if there were any questions. There were none. Chairperson Jonathan closed the public hearing and asked for commission comments. 27 SUBJECT 11 Fi- REVISIOt4 MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 Commissioner Finerty thanked everyone for coming out to the meeting. It really made a difference when they have participation by the public. She was really touched by the testimony given by so many people telling them what diligent, professional, rule -abiding citizens Jayme and Roc are. It appeared to her that they established quite a following of people that appreciate a clean, safe environment, reasonably priced, good food, that they can go to in the later hours. She was perplexed by the fact that people have spoken that live nearby Roc's that aren't bothered by the noise and yet they have a few people that are bothered by the noise. She noticed that it seemed to her that they have a very respectful group of people that frequent Roc's and they are law abiding. That is the impression that she is getting. It seemed to her that if it is an issue of emptying the trash late at night, they are more than amenable to changing that and trying to work with the community. That is just the kind of feeling she had from listening to the testimony. She believed that Roc's should be allowed to stay open until 2:00 a.m. She thought they had quite a service and she was delighted to have them in the city. She thought it was a good, old-fashioned business and the way things used to be and she was going to try it herself. Commissioner Campbell noted that she has been in business on El Paseo for 17 years and she has been one of the really first people that have stayed on El Paseo. People would come to her store and say "Oh, you're still here." So in this location she has seen many many changes and she has never been to Roc's, but she was very glad to know that they are open until late at night because she felt there was nowhere in the city where they can go ahead and eat after ten o'clock and when you work all day and have a cocktail and don't feel like preparing dinner, you want to find some place to go. But that's besides the point. She has seen people there and as long as she doesn't hear that they have amplified music right now, it's just soft music playing, and they are right, the louder the music, people will talk louder. If they have soft music, people will go ahead and still talk, they can hear each other and be very quiet. They have had problems there before with the parking and the people making noises and so forth. But that was our growing community. The more we grow, the more noise we're going to have and there's more traffic on the street and prosperity. That is what they want. She is also one of those mom and pop businesses and they have to make each other 28 MINUTES PALM DESERT PLANNING COMMISSION SUBJECT TC REVISION JUNE 1, 2004 grow and she would come in to see them and was in favor of them staying open until two o'clock. Commissioner Lopez thanked everyone for coming out. It is a topic that has a lot of passion to it. He thought it was an opportunity for those who support the restaurant itself and those that have difficulties with it to say their piece. He encouraged those individuals that have had problems to use all of the outlets they have available to them, with Code Compliance, with the ability to communicate with the City as it pertains to problems they are having if it is an item that can't be worked out with the owner. His suggested the first thing to do when having difficulty with a neighbor or a business is to go to them and say they need some assistance and tell them what is going on. Normally that will take care of the problem. Obviously through what they had before them were limited complaints, either through the Police Department or police records they have available to them, as well as testimony this evening. He applauded Mr. and Mrs. Cook for what they brought to the desert. He thought it was a great addition to the desert itself. He has a lot of folks that he knows and worked with in the past who patronized this restaurant and they did it because it is open a little bit later than the other ones and was obviously one where they could go and enjoy a good meal and a drink after work. He also encouraged them to stay within the guidelines of what they wanted to do and that was make sure the noise factors are such that they don't disturb the neighbors and he knew that all of them that are in the hospitality business, they look to their associates and employees, they are the ones that make that happen, too. If the associates are hanging around in the parking lot after work having conversations, then they need to make sure that doesn't happen so it doesn't bother anybody. He wasn't saying it did, but every once in a while it does. He appreciated everyone coming out and thought the conditions of approval and amendment was appropriate. He asked that the one condition be added regarding all the conditions that go along with the property itself. Commissioner Tschopp said there were two complaints in three years and no complaints in 18 months. Obviously in a neighborhood, people live right around the same restaurant and have a different perspective on 29 MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 �T_ SUBJECT the noise level and who is the cause of the noise. Also, the business has been operating for three years until 2:00 a.m. He also believed that the exception is warranted. The staff conditions and the addition of the no parking on Lupine hopefully would go a long way in abating some of the noise, real or perceived. And he thought the owner, Mr. Cook and his wife, were very aware of the seriousness of the nature and he was sure they would be even more diligent in making sure the noise levels and the patrons of their establishment would keep the noise down. In that regard, he had a couple of questions to staff on some of the conditions when they got to that part. Chairperson Jonathan concurred with his fellow commissioners and wanted to thank everyone, in favor or opposed, for taking their time this evening to come out. It really helped them to do their job better. He was impressed and thought Mr. Cook should be by those who obviously respect him and everything he has done on a personal level and on a business level. No matter what happened tonight, he thought that was the most important thing that he should take away with him. All the people who believe enough in him to take their time this evening in support. That is quite a testament. He liked to believe that once in a while the good guys win. He said he had some suggestions regarding the conditions of approval. He personally didn't see a need for condition of approval number two that required for this CUP to come back to the commission annually. He thought the process works in a way that if people experience problems, they are going to let the City know and a conditional use permit is just that, it's conditional upon the applicant following the standards that are set. So he suggested eliminating Condition No. 2. He also suggested that they modify Condition No. 3. He thought asking the applicant to conduct routine patrol of the parking lot and area around the restaurant was reasonable, but not specify that it occur every half an hour. He would hate to be a hall monitor here and make sure that someone is doing that every half hour. So he suggested eliminating the words, "at least every half hour" from the condition. The final item he wanted to mention is that he has seen enough of the applicant here tonight to know that if there are legitimate problems, that if the residents talk to him or talk to the Planning Commission, those 30 SUBJECT TC. Ri\llS1ON MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 problems will be resolved. Like many of them, he has been here many years, 25 years in his case, and he loves this city and it listens to its citizens. So if there are problems, he firmly believed they would be resolved. And that is part of the reason why he was in favor of the application. He asked for a motion. Action: Commissioner Lopez said he would move for approval with the addition of the previous conditions that go along with the site itself, and he understood that Chairperson Jonathan would also like to consider deleting Condition No. 2 and modify Condition No. 3. Chairperson Jonathan clarified that the modification to Condition No. 3 would be to strike the words "at least every half hour". Commissioner Finerty seconded that motion. Commissioner Tschopp said he would also like to talk about Condition No. 5, the noise survey to be conducted. He would like staff to tell him that they would be able to differentiate whether the noise is a boom box or a Harley Davidson coming from this establishment. That was his first question. The second question was it says the applicant is to pay for overtime cost of Code Compliance staff. Two questions there would be if that was routinely done and if staff could give the Planning Commission and the applicant some estimate on what that overtime cost might run. Regarding question number one, Mr. Drell said that this is kind of a unique noise survey. Normally noise is measured as an average over a period of time. He was sure in this situation that it is very very quiet and the problem is the intermittent, exceptional noise and what the noise monitor does is whenever he sees a bleep, he tries to annotate it. He reminded the commission that when they had the noise survey for Ruth's Chris, basically when they got the graph they saw little notes each time there was a blip and he identified the noise such as helicopter over head, motorcycle going down Portola. So the direction would be to specifically identify what the source of the noise is so it can be useful to figure out if it is a problem that we have control over and how to fix it. The issue of overtime in terms of monitoring, the problem is sending a City employee out there at one in the morning and how they actually pay for that overtime. He asked Mr. Smith if he figured out what that might 31 FT. SUBJECT Tf R[d1SI0N MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 be. Mr. Smith said not an actual cost. Mr. Drell said that to monitor until one in the morning they have to stay up until one in the morning. Commissioner Tschopp asked if it would be a reasonable and appropriate cost, knowing that City staff is going to be paid and adding that overtime. Mr. Drell said it could be $ 100 or $200. Commissioner Tschopp asked if that was for a one -month period or six-month period. Mr. Drell said they would just do it and it would be done periodically on a one -day basis and figure out when the most active nights are. Until they started noting some sort of pattern of a problem, they probably wouldn't do it more than once a month. So it might be a couple hundred dollars a month. And he would say that if each time they start doing it there is consistently no problem, then they would probably do it Tess and less often. Or in response to complaints and then they would focus on it. What they could do since the paying of it is a City issue and not one that is subject to the general public's interest, it is something staff could come back to the commission with as a miscellaneous item to report back on specifically what it would be. Commissioner Tschopp said his point is they don't know if the applicant is the one causing the noise, yet they were going to make him pay a special fee to have it monitored to see if it is his fault. He wanted to see that modified to say that the applicant pay a reasonable fee if it is ascertained that he is the cause of the noise. Mr. Drell said basically until they determine that he is causing a problem, he wouldn't be assessed a fee. Commissioner Finerty thought that part should be deleted about the applicant to pay for the overtime costs. Until there is a problem that is directly traced to the applicant, she thought it was an unfair condition. Chairperson Jonathan asked if there was a suggestion to delete that final sentence of Condition No. 5. Another option would be to cap it off to a certain amount or another option would be that he would only pay if it is determined that there is a noise problem, which they might want to define. Commissioner Finerty didn't know if they had ever done this before where a condition like this was imposed from the beginning. Generally they wait until there are problems and if there are problems, they bring the applicant back. This to her is unprecedented and actually she didn't know why they had Condition No. 5. She could go back to 32 MINUTES PALM DESERT PLANNING COMMISSION JUNE 1, 2004 FSUBJECT TC. T- REVISION several instances whether it was Ruth's Chris or Southwest Community Church and this was never a condition of approval at the beginning. She thought that it would be fair given the respect that the applicants have to give them a chance before they start hitting them over the head with these conditions that she thought were burdensome. Chairperson Jonathan asked if she was suggesting the deletion in its entirety of Condition No. 5. Commissioner Finerty said yes, because the purpose of a conditional use permit that they are granting is if there are problems, there are mechanisms in place to take action. She thought having it in here was premature at best. Commissioner Tschopp pointed out that there is a noise ordinance, there are nuisance laws and they should let those be enforced. Chairperson Jonathan asked if there was an agreement with the maker of the motion and seconder to modify the motion to add the deletion of Condition No. 5. Commissioner Lopez modified his motion to delete Condition No. 5 in addition to the other modifications. Commissioner Finerty stated that she was the seconder and she was in agreement. Chairperson Jonathan summarized that they were talking about approval of the application with the addition of a condition that affirms the earlier conditions and then deleting Condition No. 2, modifying Condition No. 3 to strike the words "at least every half hour" verbiage, and to delete Condition No. 5. Commission concurred. Chairperson Jonathan called for the vote. Motion carried 5-0. It was moved by Commissioner Lopez, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2273, approving CUP 93-7 Amendment #3, subject to conditions as amended. Motion carried 5-0. IX. MISCELLANEOUS Chairperson Jonathan asked Vice Chairperson Tschopp to lead the commission in the discussion of Item A because he had a conflict of interest and would be abstaining. He excused himself from the room. 33 73-405 EL PASEO, 32A, PALM DESERT, CA 92260 PH 760-674-3222, Fx 760-674-3422 email: rocstirehouse@aol.com City of Palm Desert — Planning Commission June lst, 2004 RE: ROC's Firehouse Grille Conditional Use Permit Q �+ Nrwii!!IffUffiti 73-405 EL PASEO, 32A, PALM DESERT, CA 92260 PH760-674-3222,Fx760-674-3422 email: rocsfrehouse@aol.com June 1 s1, 2004 TO: City of Palm Desert Planning Commission RE: ROC's Firehouse Grille — Conditional Use Permit Application The annual average sales after 11:00 pm is 34% of ROC's Firehouse Grille's total sales. Having to close at 11:00 pm would very quickly kill our business. Operating until 10:00 would be in vain as our late night customers usually arrive between 9-10pm. They would not come knowing they would not be allowed to stay. Our average sales from 10:00 pm to 2:00 am is 45% of our total sales volume. We would be more than willing to review our books with the Planning Commission in closed session. ROC's Firehouse Grille would immediately have to lay off 50% of our staff, causing at least 10 people to seek other employment. These are loyal employees who have been with us for a year or more. If ROC's must close its doors permanently, over 20 people will lose jobs. We never anticipated having to close before 2:00 am, nor did we have any knowledge of it prior to just a few months ago. We have been in this location since June 1, 2001, three years to the day, meanwhile spending thousands of dollars improving this property. Prior to us occupying this space, we had a building addition put on to the existing building, put in a grease trap, brought in natural gas, cable TV, etc. The previous restaurants had minimal kitchen equipment and virtually no storage. Cooking meals in the previous restaurant was via hotplate and microwave. After we acquired the lease for this location we made some very costly and relatively major structural improvements. We professionally installed a complete commercial kitchen complete with hood and duct system and grease interceptor which the previous restaurant failed to install. This was only possible with the assistance of our landlord, when they agreed to expand the building by approx. 150 sq ft. Architectural fees and permits alone were over $8,000.00. We upgraded our bathroom which involved structural changes, to bring the building up to code for the American Disabilities Act. We have upgraded from the floor standing heaters to several permanently ceiling mounted natural gas heaters to our patio area to provide for increased comfort, energy savings and safety for our guests. Our cost of upgrading our unit to meet, even exceed requirements, cost in excess of $40,000. We would never have considered spending this money and opened our business had we known that we could only stay open until 11:00 PM This place is our dream and we work hard daily for it. With the financial assistance of retired family members we were able to achieve our dream. After 2 years of searching for locations throughout the Coachella Valley we made the ultimate decision to open ROC's Firehouse Grille in the City of Palm Desert. We wanted to bring something to Palm Desert that the city was not offering. Our entire food menu is served until 1:15 am daily including Filet Mignon, Scampi, Chicken Marsala, hamburgers and ribs etc. The only other choice for late night food in Palm Desert is Denny's. We believe RFG is an asset to the city, its work force and visitors. We cater to people arriving into our local hotels that look for a place to have a meal after 10:00 pm. Several local hotels including hotels in Palm Desert, Indian Wells, Rancho Mirage and Palm Springs regularly recommend ROC's to their late arriving guests who are hungry and want to see El Paseo. In turn, revenue is brought to Palm Desert from surrounding cities. RFG also offers a late night appetizer menu at a reduced cost to the customers. Although we are not making a profit with our late night appetizer menu it is satisfying to see someone eat something if they are going to partake in alcoholic beverages. As you probably know, I'm one of the owners of RFG and an active fire fighter in the Valley who genuinely cares for my guests well being. My wife and long time restaurateur, Jayme, is my partner. Offering an abundance of quality food throughout the evening to guests that are drinking alcoholic beverages is one way we improve their safety factor. We keep our prices affordable, while still serving the highest quality ingredients to cater to our locals. RFG daily food prices are very affordable. Our hamburgers don't cost 12.00 nor do our Filets cost 30.00. We would never be able to afford the rent on El Paseo with our current prices if we lost our late night business. And if we raise them, we lose our local clientele. Obviously our locals are who keep us in business in the off season. El Paseo is already inundated with high end restaurants and it's refreshing to come to a place like RFG. Unique to many restaurants in Palm Desert, RFG does not close in the summer. The locals and increasing number of visitors still like to hang out at ROC's in 110 degree weather. The only day we close is Christmas day and after numerous requests from employees and guests we are considering opening Christmas night. We have successfully made RFG an enjoyable, fun and safe atmosphere. Myself, Jayme, or both of us is usually present after 10:00pm nightly. Our doormen, some of whom are aspiring Police Officers and Fire Fighters, constantly patrol the parking area in the back parking lot for the safety of our customers as well as our employees. We try very hard to keep the noise level to a minimum. Music is played at very low levels. What you will hear is just the sounds of someone occasionally laughing and enjoying themselves. The owner of the restaurant directly across the street, Picanha's, compliments us on our low noise levels and successful restaurant. In fact, he's a regular customer of ROC's. I was also advised by Picanha's owners that part of the deciding factor on opening at their present location was because they knew RFG was busy and would attract business for them as well. The same with CarolDeans. She moved right next door to us to help increase her own business. We are not a night club. ROC's is a place where people come to socialize with their friends when they get off work in a warm, safe and comfortable atmosphere. I can't remember the last time the Police were called to RFG. As busy as we are, we still demand respectable behavior from all of our guests. If you do some research I'm confident that you'll find more Police activity at other restaurants/bars. Our late night clientele consists of staff and guests from other restaurants and hotels nearby. Several restaurant owners are regular guests, in fact, they often tell their guests to follow them to RFG after dinner. Again, this is drawing business from Indian Wells, Rancho Mirage and Palm Springs. The Valley's news anchors and media professionals come in for a bite to eat after the 11:00 pm news. Many off- duty (sometimes on duty) law enforcement and fire personnel frequent ROC's. You can imagine that law enforcement and fire personnel will only frequent a place they feel safe with a respectful clientele. The last thing a police officer wants to see is someone they just arrested the day before. Lawyers from the D.A's office frequent RFG. Our regulars also include several residents that live in the same developments as those residents that have complaints. In fact, the President of the Home Owners Association in the rear condo complex frequents RFG with his wife and family, many times after 10:00 PM. ROC's Firehouse Grille is licensed by the California Alcoholic Beverage Control to serve alcohol until 2:00 am. Prior to opening for business we were diligent in our research to assure this would happen. CA -ABC worked in conjunction with the City's Planning Dept and Code Enforcement to assist in making the final decision on hours of operation. We were originally granted these hours by CA -ABC and the City of Palm Desert. Since being open for business, RFG has not had a single investigation that I know of, nor do we have a single penalty/fine/infraction for operating unethically or illegally. This really is quite an accomplishment considering the volume of business we've done from day one. I truly care about our residential neighbors. It was just over a year ago that I used to live in the same complex as those that have complaints. My unit was the second closest in proximity to RFG. Noise of any kind was never an issue to me when I lived there. I guess my biggest complaint was being awoken in the early morning hours by the gardeners or trash trucks working at the restaurants and shops in front of my residence, but, I accepted it knowing that "I live on El Paseo" and I should expect more activity. There has to be a better way than to make us close at 11:00. Again, closing us at 11:00 PM would force us to close our doors completely. There would simply be no way for our dream to survive. This would also cause another vacancy on El Paseo. My humble opinion is simple. Times are changing and for the sake of the City, El Paseo needs to progress from the "quaint little village" to a thriving avenue, full of successful business's with lots of people enjoying the beauty of El Paseo and Palm Desert. I wish more businesses on El Paseo stayed open later, or opened on Sundays. CaroDeans is staying open later and on Sundays to take advantage of our customer base. Downtown Palm Springs is a perfect example of tremendous growth in the past ten years. I'm sure I'm not alone when I say I'd love to see El Paseo grow as well. Our landlord, Hubbard Enterprises, is in full support of our operation. They also frequent RFG and wish for our application to be granted. The businesses on either side of RFG are also in full support of our request. In one night alone, Thursday May 27th 2001, we collected hundreds of signatures on our petition to stay open. Signatures include those from residents in the adjacent condo complex's, Fire Fighters, Police Officers from the valley and Palm Desert, lawyers from the District Attorney's Office, restaurant owners, bartenders/chef's/servers from other restaurants, owners and employees of retail businesses on El Paseo among many more. By the way, our petition was not "padded" with my fire fighter and police officer friends. You'll find just a handful of signatures from them. If you need more information regarding our request, or our operation, please feel free to contact me on my cell phone 760-641-4726 Thank you for your consideration in this matter. Roland Otto Cook (ROC) Co-owner, ROC's Firehouse Grille R.D. HUBBARD ENTERPRISES 73-405 EL PASEO, SUITE 32-D PALM DESERT, CA. 92260 760-773-6644 March 9, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Drive', Palm Desert, Ca. 92260 RE: ROC'S FIREHOUSE GRILLE Dear Mr. Drell: I, the owner of The Village Zoo, Ltd., dba: El Paseo Village must say that I feel that Roc's Firehouse Grille, operated by Roland and Jamie Cook has been a nice asset to the El Paseo Drive. They have operated the restaurant and cocktail lounge in a very orderly manner and are well respected with all the merchants located near them. The merchants have indicated to me that they have brought in a nice group of customers and has enchanced business for the immediate area. The Sunday Jam Sessions have been very successful and comments have been made by customers how nice it is to be able to be outside, have a nice lunch and enjoy the music. Roland and Jamie Cook oversee their operation and are on site most of the time. Their type of operation is definitely good for our street and also gives the street a nice flare for the style of music and service they provide to their customers. The Roc's Firehouse Grille unit has been a restaurant since April, 1994 and until June, 2001 when Roland and Jamie Cook opened under Roc's Firehouse Grille, it had never been successful. The stability that they have shown to the center has been very impressive. I recommend that a Conditional Use Permit be granted to Roc's Firehouse Grille to operate their business establishment -to 2:00 a.m. each day of the week. Thank you for your cooperation in this matt Sincerely, -R.D. HUBBARD EL PASEO VILLAGE 73-425 EL PASEO, STE. 24-B PALM DESERT, CA. 92260 760-346-8104 MARCH 10, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 RE: Roc's Firehouse Grille Dear Mr. Drell Roc's Firehouse Grille has been a tenant of the Village Zoo, Ltd., dba: El Paseo Village for the past 3 years. They have been an excellent tenant, have cooperated in all ways and are located next to my office. My office staff sometimes work in the late evening and when asked if there has ever been a noise problem or anything to inconvenience them or distract them from concentrating, the answer has been we hear nothing from the Grille. To me, they are a fine class of young people and very respectful to their neighbors and definitely add to the El Paseo Drive. I fully support that Roc's Firehouse Grille will be granted a conditional use permit to remain open until 2:00 a.m., 7 days week. Sincerely, • EDWARD A. BURGER, "RESIDENT EL PASEO VILLAGE MANAGEMENT • c CARLdeAr) i al PAeES2 4 May 28t 2004 Caroldean El Paseo 73-405 El Paseo St. 31D Piilm Desert, CA 92260 To Whom It May Concern: I am the owner of Caroidean El Paseo, a women's clothing store on the corner of El Paseo and Lupine. I have had a store on El Paseo for 10 years. I recently changed my location, moving further East, to take advantage of the opportunity to be next to Roc's Firehouse. I found over the past few years, that my client base was getting younger, and as I would drive by in the evenings, and see the clientele at Roc's, I knew that it would be a perfect marketing strategy to be n4ar them. As soon as the location became available, I jumped at the space, and signed a three year lease. I take full advantage of the fact that I have large display windows facing their dining room, and leave my lights on, and gear my displays toward the late night business that Roc's enjoys. Customers come in the next day, and purchase the things they have been looking at during the evening. If Roc's was not open, drawing the late night crowd, my business would suffer substantially, and I would have to reconsider my move. The significant draw to this location is the business that I have gained being associated with; and next to Roc's Firehouse. If you need further information, or verification, please feel free to contact me. attcerely, ;. arol can Ross 760-674-2008 ;aroldean MARCH Page 1 of 3 -1*: t/Hi: Ohl' //Cie' /1•11.1110/). / ; L ),,C)11 http://www.hwy 1 1 lmagazine.com/caroldeanmarch.html 2/16/2004 73315 Shadow Mountain Drive #8 Palm Desert CA92260 Like all the patrons of Roc's Firehouse Grille, we are astounded at the complaints put forward about the so-called "nuisance" and the anti -social comments raised about the activities at the restaurant. We would be interested to know how many of the complainants have ever visited the Grille and also how many of them moved into their home after the place was opened several years ago. If one chooses to live in an area like El Paseo, then you should not be surprised that the places where people go to enjoy themselves create a certain liveliness which brings life and prosperity to that area. In fact, one of the reasons we chose to live where we do was to be within easy walking distance of the lively and vibrant El Paseo area. We are sure that this is true of many of our friends and neighbors. Maybe it is because the complainants choose a different kind of entertainment for themselves that they cannot understand this. Do they think that the neighbors of the Daily Grill parking lot on Ocotillo, for example, enjoy the extra traffic, noise and inconvenience that it creates? Probably not, but if you choose to live there, then it "goes with the territory" so to speak. For example, if you choose to live close to an airport or train station, should you then complain about air traffic or train noise? We think not! The live music at Roc's Firehouse Grille takes place on a Sunday afternoon/early evening and is over by 9pm at the latest. We live on Shadow Mountain Drive at the top of Lupine and certainly cannot hear any music from there. Although we can (and frequently do) hear loud music from parties across the street from the townhomes there, we realize that we live in a place which attracts people with lost of leisure time and who wish to lead relaxed and sociable lifestyles. This is not a "Retirement Community". Many of the people who live here work and lead very busy, varied lifestyles. Jayme and Roland Cook are excellent hosts and are responsible and considerate members of the community, who appreciate and understand their neighbors needs. They contribute a great deal to the spirit of El Paseo and their establishment is a landmark which brings in visitors from the other cities surrounding Palm Desert, which also adds to the color and vibrant tone of the neighborhood. It would be easy for both "sides" of this discussion to descend to accusatory and inflammatory remarks about the other "side" But the complainants in this matter should realize that our environment is to be shared by all of us who live here. Perhaps "Live and Let Live" should be the way we approach this problem. Jayme and Roland really go the extra mile to understand their neighbors feelings and concerns and their considerate attitude is reflected in the behavior of their regular customers. El Paseo and Palm Desert need places like Roc's Firehouse Grille to maintain and perpetuate its reputation for life, color and a broad spectrum of entertainment for all. There is room for everyone ! Aar-6Y- \f-ke,w-e_q Deborah and Alan Thelwell Neighbors and Patrons of Roc's Firehouse Grille iCitAletA Ailikkohhaimembidm. C1-HURitASCARXA 73399 EL Paseo, Palm desert, CA, 92260 Dear sir/madam My name is TAMER AMER. I am co owner of Picanha restaurant on EL Paseo and Lupine. Our next door neighbor is ROC'S FIRE HOUSE. We recently opened in December of 2003. It is a fact that no restaurant has made it in the past in either my location or ROC'S fire house's location. But ROC'S fire house was the first to bring in business to this abundant part of EL Paseo. This inspired us to open up next door. We had an incredible first season that surpassed all our expectations. I think that together we and ROC'S have tied both sides of El Paseo after being separated for years. We are blessed to Have ROC'S as our neighbors. In the last 6 month that we have been open for business, we experienced no inconvenience what so ever from ROC'S. Being next to ROC'S is free advertisement considering the amoul4 of foot traffic they generate for this no longer abundant comer. Truth of the plater is we are an upscale restaurant, my patio is a few feet away from ROC'S Patio an4 if the so-called "nuisance" was true. I would be the first one to complain in order for me to protect my business. Fact of the mater is this town's ecmomy stands on tourism and the hospitality industry And if we start shutting that down then it will very soon drive businesses away from palm desert and it will prevent new potential businesses from moving in to our community. Sincerely, TAMER R To The Planning Commission: I am writing you this letter in regards to ROC's Firehouse closing at 11:00 p.m. My name is Erika Blair and I have worked on El Paseo for nine years and have lived close to El Paseo for seven years. There are many nights I get off work late and go to ROC's for dinner because it is one of the only places on El Paseo that is still serving food, and I do not need a reservation, or have to follow a dress code. I always feel welcomed and safe, and that is very important to a single female. The nights I do get home early, I walk my dog later in the evening on El Paseo when it cools down, just as many others do. The street closes so early that it is very nice to see people out. El Paseo needs more places like ROC's Firehouse, it brings local people to the street and reminds them about other business they could help keep alive. I personally believe that having ROC's close by 11:00 p.m. would be a huge mistake. I think you would be making a great, year-round, local business loose money. We already see too many businesses come and go. I love having a safe place that is in walking distance to go to after 11:00 p.m. to get a bite to eat or just enjoy good company. Thank you. Sincerely, Erika Blair ex. Yea t The Aveda Salon on El Paseo Erika 73-375 EL PASEO SUITE I PALM DESERT, CALIFORNIA 92; Phone: 760-773-2662 CLOSED A11DAV t a PETITION RE: ROC's Firehouse Grille request for Conditional Use Permit amendment I am in support of ROC's Firehouse Grille and their request for an amendment to the current Conditional Use Permit. I understand that the request for amendment includes their request to operate their business as usual until 2:00 AM. RFG has been operating from 11:30 AM until 2:00 AM since the day they were open, November 2001. It is my opinion that RFG is an asset to the City of Palm Desert, specifically El Paseo. RFG offers a full menu until 1:00 AM and has built a very respectable clientele because of this aspect. In addition to being a great place for tourists, they cater to the local residents and workforce by offering an affordable menu and a friendly, safe atmosphere. The City of Palm Desert is fortunate to have a restaurant like RFG. 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I / ) rt t -- 7/ J n/ u� SJ v k t neb ;, 73-- ) 70442 tgy ag,td, //a 7 gh-922 7 1172 L 51)- ? 72 Lq P6• e. zggtz f°it�i?n �7y'% _► �: % & v 2�zl `lh - 1 l4• �1s-�c� �t �R�� �� 7 ` 7(( 1 SerloexP _iV riff ici?3, L td\44t-AXP- m PETITION RE: ROC's Firehouse Grille request for Conditional Use Permit amendment I am in support of ROC's Firehouse Grille and their request for an amendment to the current Conditional Use Permit. I understand that the request for amendment includes their request to operate their business as usual until 2:00 AM. RFG has been operating • from 11:30 AM until 2:00 AM since the day they were open, November 2001. It is my opinion that RFG is an asset to the City of Palm Desert, specifically El Paseo. RFG offers a full menu until 1:00 AM and has built a very respectable clientele because • of this aspect. In addition to being a great place for tourists, they cater to the local residents and workforce by offering an affordable menu and a friendly, safe atmosphere. The City of Palm Desert is fortunate to have a restaurant like RFG. The owners operate a professional business. Of all the restaurants that have occupied this location, RFG is the only place to have any consistent success at all. Please grant RFG's request for their C.U.P. Thank you for your consideration in this matter. NAME '�T, o r,'cAAxio No Z: & V r\ plr1).(k icenct ...3vvos v ADDRESS OCCUPATION ./co %pc,�a5 ���,� .= a%�o < 4J..ar/ 5 7L m ie 6 , it)Lk3 U 1nsCi a V ee(Jo ver— cbMruk_( j�C,kv - serve✓ Vk/cf- vt\s 'Ci't;Cct M" Ru d�� „a.1\ 8�51 gPacr' GtQS 1?7 60 wet( zgu Nv'tiiv% F 1 or gtg N,i g Afv ((If A— �r�Aekr A.►n i S ' , 64 r4- 3084- k�l\ k .s Vs_ c-. / 443,9216 ()Ohl ,C AI AI �`C � 1 ice. �� aci t ,2J e e 4 I �3 v ` .)-? 1 -1, 1.(--ctq _P‘kr, Pc-) ORPOQ'-(10 C:'(Iis.S)-cc. _ Qi1e,__._ za,r pc, ��C � �2 / A 012 y rn42i''d g2 -(06 5 06i,e,144 & Arnie 5/224 np' t.Jond frk iq' r k,i4i d CA- CUZZ s 5 3 3-2S Ted.t4, GR a, V2r1 frtiezar,c- 4k.((io Veeiwa 4CoLi6 cIzz‘o e ceC q z r rre-44e4-1a a /` 1- ` (mat..�✓eAl1�I r� �e r 4ZZ�ca ��-c.1. IJ A ' ja , cia2IPF) 7245 (o C'a.►y P, . 2_2JQ v Qj �- �,� �, . �-c �- 9��..�,• Q 4(1-- ..S-<Cli t r b tivAA e<4^-t- i/.2// Ric f%� 4 .P \\\W1!"rr,,P,,'ff s 73-405 EL PASEO, 32A, PALM DESERT, CA 92M0 PH 760-674-3222, Fz 760-674-3422 emait rocsfinheuee44soLcow To all of our friends at ROC's Firehouse Our cool neighbors have kindly asked us to try to stay quieter after l OPM. We want to keep our sleeping neighbors happy and allow them to sleep peacefully (some of them have to wake up VERY early). Obviously no one wants to get the local police involved, but it will be inevitable unless we can stay a little quieter. We ask that when you're here relaxing with friends that you keep our sleeping neighbors in mind. Unfortunately, (or fortunately?), not everyone keeps the same sleep schedule as we do. Also as a friendly reminder, please refrain from driving your car like a freakin NASCAR driver when you arrive here and when you leave. That will surely draw attention to you from our friendly BOYS IN BLUE. Lets let the police concentrate on real criminals and not us trying to have a fun and relaxing time with friends. We all want to have fun and will continue to do so, maybe just a tad bit quieter. So, ROC and Jayme humbly ask that you help us be good neighbors. Thanks in advance from all of us at ROC's Firehouse Grille JUN-01-2004 14:00 FROM ABC RNCHO MRGE State of ca fomia DECLARATION OF SERVICE Ire MAIL ABC-207-F (MI TO 96743422 P.01 ' nepartrnent of Alcoholic Beverage Control INSTRUCTIONS TO THE APPLICANT(S): This Declaration of Service by Mail must be completed and returned within 15 days of the posting of the premises to: Department of Alcoholic Beverage Control Rancho Mirage District Office 42-700 Bob Elope Dr., Suite 317 Rancho Mirage, CA 922.10 AUGz o- mop Section 23985.5 of the Business and Professions Code requires that you mail n 0 Cao every resident thin wia 500-foot radius of the applied -for premises. This Declaration may serve as • .. . :. 600-foo4 roams is to be'calarlated by straight line measurement from the closest exterior -wail of your prerfises to the residential structures.) The Name(s) of the Apphcant(s) islare: Premises Address: � � f a2t1U DECLARATION OF SERVICE BY MAIL t, JAry%L%M K 17r Vt , do hereby declare that on 0 - - D 1 , I served by mad upon each resident of real property wfthtri a 500-foot radius of the above -designated premises. by depositing in the United states Mail, with postage fully prepaid, a sealed envelope containing a true copy of the Notice of Intention to Engage in the Safe of Alcoholic Beverages (ABC-207-E), a copy of wt ch is wed hereto, giving the name(s) of the applicant(s), the types) of kense(s) applied for, the address of the premises where the btu is to be conducted, addressed to the resident/occtpartt for each of the following addresses: (If more space is needed, use reverse or attach a separate sheet.) ADOBEAR CITY ZIP CODE 441 S wp in& Lei t�nl s 11-.20) Pare Daeri - + Lv plrz be) 1 s 1-1 o) Paw T?ee 22.i a I declare ender the penalty of perjury that the foregoing its true and correct. Executed at PA D E t-7 , California, this , day of q-tAto}- 20 I . CkTY Of PAH DESERT 7 —yco FRED WARING DRIVE PALb1 DESERT. CALIFORNIA 93260-2578 TEL: 760 346-061 I PAic: 76o 341-7098 ie6Y pdm•dt$•rt.erj CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 93-7 AMENDMENT #3 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Y" Commission to consider a request by ROC F� €t4OUSE �RILLE•, for approval of an amen tmer t to the conditions of CUP 93-7 to'extend the business hours to 11'.00,a:m. to 2 Air the restaurant located at the southeast corner of EI Paseo and Lupine Lane. SaOid restaurant located at 73-405 El Paseo #32A. tit .,. ►1_c-- � I 144. OUYE NORTH • 9 R 2 0 JUNIPER STREET • U. .—r ... A L t --- 21©STATE A R La Rft 12,0 000 0 0 C3) JUNIPER STREET •121 SAID public hearingwill be held on To { , �° p y, .iun§'#,:200410: rn the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. trlformation concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. PUBLISH: Desert Sun May 19, 2004 PHILIP DRELL, Secretary Palm Desert Planning Commission June 16, 2003 To: Palm Desert Planning Commission 73-510 Fred Waring Drive Palm Desert, California 92260-2578 RECEIVED 2004 From: Don and Carol Hildre i;OMMCNITY DEVtLLOPMENT DEPARTMENT 45405 Lupine Ln. #4 and 73-214B Tumbleweed Ln. CITY OF PALM DESERT Palm Desert, California 92260 -0 71 r P. Re: Case No. 93-7 Amendment #3 -= "' a 3- c.i) � I recently received a notice regarding the request by Roc's Firehouse Grille, located at fc. 7d "' ,. ri 73-405 El Paseo #32A, to extend their business hours. I am writing to oppose the ��, request. As an owner and resident of two adjacent condos, I am deeply concerned about N3 > the noise and disruption caused by the Firehouse Grille. In May I wrote a similar request "' Ever since the restaurant opened, they have attracted a crowd of loud, disorderly people. At the close of business, they frequently hang around and drink on the street, (Lupine Lane.) Their loud parties go on while they leave bottles and debris in the street and on the property of the Sandroc Condominiums. I have been awakened a number of times from the loud drunken parties. To extend the hours would create an even bigger nuisance. The restaurant is mostly outdoor dining. They play music and the patrons sing and cheer, as they get intoxicated. I am totally opposed to extending the business hours for this restaurant. I hope that the concerns of the neighbors will be considered when you make a decision regarding the request for the change of business hours. I appreciate the Red Zone that has been placed all along Lupine. I don't believe that it will keep the patrons from their after hours revelry. ards, Don and Car Hildre 760 773-2681 Palm Desert Planning Commision: 73-510 Fred Waring Dr. Palm Desert, CA 92260 RECEIVED "s 1.; N 4 2004 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT 6/19/04 "V --I „_ rfl 71C We have owned our condominium at "Sandroc" on Lupine and Shadow Mtn. Dr. since =-11 �' 1974. Although many of our owners are away during the summer months, we know, form > 6- fact, that the noise created by the Grill is unaceptable to our owners now. The idea of CD m extending this terrible nuisance even later is outrageous to us,and all the condo owners across the street on Lupine. We are kept awake or wakened each night. The taxes being paid for these two large complexes surely should be worth more the corner location on El Paseo. Parking on Lupine is becoming more of a problem.) Thank you for your consideration of this problem. Owners, Bflake S. and Jean Talbot 73 330 Shadow Mtn. Dr. Unit #34 Palm Desert, Ca 2620 Second Ave. #7D San Diego, CA 92103 N(\. c "s FiRtits tiousE - AGENDA PACKET SECTION2...1407 ti MEETING DATE � -P4--O J'--- City of Palm Desert - City Council June 24th 2004 RE: ROC's Firehouse Grille Conditional Use Permit 73-405 EL PASEO,32A,PALM DESERT,CA 92260 PH 760-674-3222, FX 760-674-3422 email:rocsfirehouse@aol.com • ' 3 O � ,s • Fl 'iOUSE 4,, cA S u 73-405 EL PASEO,32A,PALM DESERT,CA 92260 * PH 760-674-3222,FX 760-674-3422 email:rocsfirehouse@aol.com June 1 s1, 2004 TO: City of Palm Desert Planning Commission RE: ROC's Firehouse Grille—Conditional Use Permit Application The annual average sales after 11:00 pm is 34%of ROC's Firehouse Grille's total sales. Having to close at 11:00 pm would very quickly kill our business. Operating until 10:00 would be in vain as our late night customers usually arrive between 9-l0pm. They would not come knowing they would not be allowed to stay. Our average sales from 10:00 pm to 2:00 am is 45%of our total sales volume. We would be more than willing to review our books with the Planning Commission in closed session. ROC's Firehouse Grille would immediately have to lay off 50% of our staff, causing at least 10 people to seek other employment. These are loyal employees who have been with us for a year or more. If ROC's must close its doors permanently, over 20 people will lose jobs. We never anticipated having to close before 2:00 am, nor did we have any knowledge of it prior to just a few months ago. We have been in this location since June 1, 2001,three years to the day, meanwhile spending thousands of dollars improving this property. Prior to us occupying this space, we had a building addition put on to the existing building, put in a grease trap, brought in natural gas, cable TV, etc. The previous restaurants had minimal kitchen equipment and virtually no storage. Cooking meals in the previous restaurant was via hotplate and microwave. After we acquired the lease for this location we made some very costly and relatively major structural improvements. We professionally installed a complete commercial kitchen complete with hood and duct system and grease interceptor which the previous restaurant failed to install. This was only possible with the assistance of our landlord, when they agreed to expand the building by approx. 150 sq ft. Architectural fees and permits alone were over $8,000.00. We upgraded our bathroom which involved 111 structural changes, to bring the building up to code for the American Disabilities Act. We have upgraded from the floor standing heaters to several permanently ceiling mounted natural gas heaters to our patio area to provide for increased comfort, energy savings and safety for our guests. Our cost of upgrading our unit to meet, even exceed requirements, cost in excess of$40,000. We would never have considered spending this money and opened our business had we known that we could only stay open until 11:00 PM This place is our dream and we work hard daily for it. With the financial assistance of retired family members we were able to achieve our dream. After 2 years of searching for locations throughout the Coachella Valley we made the ultimate decision to open ROC's Firehouse Grille in the City of Palm Desert. We wanted to bring something to Palm Desert that the city was not offering. Our entire food menu is served until 1:15 am daily including Filet Mignon, Scampi, Chicken Marsala, hamburgers and ribs etc. The only other choice for late night food in Palm Desert is Denny's. We believe RFG is an asset to the city, its work force and visitors. We cater to people arriving into our local hotels that look for a place to have a meal after 10:00 pm. Several local hotels including hotels in Palm Desert, Indian Wells, Rancho Mirage and Palm Springs regularly recommend ROC's to their late arriving guests who are hungry and want to see El Paseo. In turn, revenue is brought to Palm Desert from surrounding cities. RFG also offers a late night appetizer menu at a reduced cost to the customers. Although we are not making a profit with our late night appetizer menu it is satisfying to see someone eat something if they are going to partake in alcoholic beverages. As you probably know, I'm one of the owners of RFG and an active fire fighter in the Valley who genuinely cares for my guests well being. My wife and long time restaurateur, Jayme, is my partner. Offering an abundance of quality food throughout the evening to guests that are drinking alcoholic beverages is one way we improve their safety factor. We keep our prices affordable, while still serving the highest quality ingredients to cater to our locals. RFG daily food prices are very affordable. Our hamburgers don't cost 12.00 nor do our Filets cost 30.00. We would never be able to afford the rent on El Paseo with our current prices if we lost our late night business. And if we raise them, we lose our local clientele. Obviously our locals are who keep us in business in the off season. El Paseo is already inundated with high end restaurants and it's refreshing to come to a place like RFG. Unique to many restaurants in Palm Desert, RFG does not close in the summer. The locals and increasing number of visitors still like to hang out at ROC's in 110 degree weather. The only day we close is Christmas day and after numerous requests from employees and guests we are considering opening Christmas night. We have successfully made RFG an enjoyable, fun and safe atmosphere. Myself, Jayme, or both of us is usually present after 10:00pm nightly. Our doormen, some of whom are aspiring Police Officers and Fire Fighters, constantly patrol the parking area in the back parking lot for the safety of our customers as well as our employees. We try very hard to keep the noise level to a minimum. Music is played at very low levels. What you will 411 hear is just the sounds of someone occasionally laughing and enjoying themselves. The owner of the restaurant directly across the street, Picanha's, compliments us on our low noise levels and successful restaurant. In fact, he's a regular customer of ROC's. I was W also advised by Picanha's owners that part of the deciding factor on opening at their present location was because they knew RFG was busy and would attract business for them as well. The same with CarolDeans. She moved right next door to us to help increase her own business. We are not a night club. ROC's is a place where people come to socialize with their friends when they get off work in a warm, safe and comfortable atmosphere. I can't remember the last time the Police were called to RFG. As busy as we are, we still demand respectable behavior from all of our guests. If you do some research I'm confident that you'll find more Police activity at other restaurants/bars. Our late night clientele consists of staff and guests from other restaurants and hotels nearby. Several restaurant owners are regular guests, in fact, they often tell their guests to follow them to RFG after dinner. Again, this is drawing business from Indian Wells, Rancho Mirage and Palm Springs. The Valley's news anchors and media professionals come in for a bite to eat after the 11:00 pm news. Many off- duty(sometimes on duty) law enforcement and fire personnel frequent ROC's. You can imagine that law enforcement and fire personnel will only frequent a place they feel safe with a respectful clientele. The last thing a police officer wants to see is someone they just arrested the day before. Lawyers from the D.A's office frequent RFG. Our regulars also include several residents that live in the same developments as those residents that have complaints. In fact, the President of the Home Owners Association in the rear condo complex frequents RFG with his wife and family, many times after 10:00 PM. ROC's Firehouse Grille is licensed by the California Alcoholic Beverage Control to serve alcohol until 2:00 am. Prior to opening for business we were diligent in our research to assure this would happen. CA-ABC worked in conjunction with the City's Planning Dept and Code Enforcement to assist in making the final decision on hours of operation. We were originally granted these hours by CA-ABC and the City of Palm Desert. Since being open for business, RFG has not had a single investigation that I know of, nor do we have a single penalty/fine/infraction for operating unethically or illegally. This really is quite an accomplishment considering the volume of business we've done from day one. I truly care about our residential neighbors. It was just over a year ago that I used to live in the same complex as those that have complaints. My unit was the second closest in proximity to RFG. Noise of any kind was never an issue to me when I lived there. I guess my biggest complaint was being awoken in the early morning hours by the gardeners or trash trucks working at the restaurants and shops in front of my residence, but, I accepted it knowing that "I live on El Paseo" and I should expect more activity. There has to be a better way than to make us close at 11:00. Again, closing us at 11:00 PM would force us to close our doors completely. There would simply be no way for our dream to survive. This would also cause another vacancy on El Paseo. My humble opinion is simple. Times are changing and for the sake of the City, El Paseo needs to progress from the "quaint little village" to a thriving avenue, full of successful business's with lots of people enjoying the beauty of El Paseo and Palm Desert. I wish more businesses on El Paseo stayed open later, or opened on Sundays. CaroDeans is staying open later and on Sundays to take advantage of our customer base. Downtown Palm Springs is a perfect example of tremendous growth in the past ten years. I'm sure I'm not alone when I say I'd love to see El Paseo grow as well. Our landlord, Hubbard Enterprises, is in full support of our operation. They also frequent RFG and wish for our application to be granted. The businesses on either side of RFG are also in full support of our request. In one night alone, Thursday May 27th 2001, we collected hundreds of signatures on our petition to stay open. Signatures include those from residents in the adjacent condo complex's, Fire Fighters, Police Officers from the valley and Palm Desert, lawyers from the District Attorney's Office, restaurant owners, bartenders/chef s/servers from other restaurants, owners and employees of retail businesses on El Paseo among many more. By the way, our petition was not "padded"with my fire fighter and police officer friends. You'll find just a handful of signatures from them. If you need more information regarding our request, or our operation, please feel free to contact me on my cell phone 760-641-4726 Thank you for your consideration in this matter. Roland Otto Cook (ROC) Co-owner, ROC's Firehouse Grille • R.D. HUBBARD ENTERPRISES 73-405 EL PASEO, SUITE 32-D PALM DESERT, CA. 92260 760-773-6644 March 9, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Drive' Palm Desert, Ca. 92260 RE: ROC'S FIREHOUSE GRILLE Dear Mr. Drell: I, the owner of The Village Zoo, Ltd., dba: El Paseo Village must say that I feel that Roc's Firehouse Grille, operated by Roland and Jamie Cook has been a nice asset to the El Paseo Drive. They have operated the restaurant and cocktail lounge in a very orderly manner and are well respected with all the merchants located near them. The merchants have indicated to me that they have brought in a nice group of customers and has enchanced business for the immediate area. The Sunday Jam Sessions have been very successful and comments have been made by customers how nice it is to be able to be outside, have a nice lunch and enjoy the music. Roland and Jamie Cook oversee their operation and are on site most of the time. Their type of operation is definitely good for our street and also gives the street a nice flare for the style of music and service they provide to their customers. The Roc's Firehouse Grille unit has been a restaurant since April, 1994 and until June, 2001 when Roland and Jamie Cook opened under Roc's Firehouse Grille, it had never been successful. The stability that they have shown to the center has been very impressive. I recommend that a Conditional Use Permit be granted to Roc's Firehouse Grille to operate their business establishment to 2:00 a.m. each day of the week. Thank you for your cooperation in this matt Sincerely;- R.D. HUBBARD EL PASEO VILLAGE 73-425 EL PASEO, STE. 24-B PALM DESERT, CA. 92260 760-346-8104 MARCH 10, 2004 Mr. Phil Drell Planning Director City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, Ca. 92260 RE: Roc's Firehouse Grille Dear Mr. Drell Roc's Firehouse Grille has been a tenant of the Village Zoo, Ltd., dba: El Paseo Village for the past 3 years. They have been an excellent tenant, have cooperated in all ways and are located next to my office. My office staff sometimes work in the late evening and when asked if there has ever been a noise problem or anything to inconvenience them or distract them from concentrating, the answer has been we hear nothing from the Grille. To me, they are a fine class of young people and very respectful to their neighbors and definitely add to the El Paseo Drive. I fully support that Roc's Firehouse Grille will be granted a conditional use permit to remain open until 2:00 a.m., 7 days week. Sincerely, EDWARD A. BURGER, RESIDENT EL PASEO VILLAGE MANAGEMENT 1 ARQLd €A + eL PA6€Q + J May 28`b 2004 Caroldean El Paseo 73-405 El Paseo St. 31 D Palm Desert, CA 92260 To Whom It May Concern: I am the owner of Caroldean El Paseo, a women's clothing store on the corner of El Paseo and Lupine. I have had a store on El Paseo for 10 years. I recently changed my location, moving further East, to take advantage of the opportunity to be next to Roc's Firehouse. I found over the past few years, that my client base was getting younger, and as I would drive by in the evenings, and see the clientele at Roc's, I knew that it would be a perfect marketing strategy to be near them. As soon as the location became available, I jumped at the space, and signed a three year lease. I take full advantage of the fact that I have large display windows facing their dining room, and leave my lights on, and gear my displays toward the late night business that Roc's enjoys. Customers come in the next day, and purchase the things they have been looking at during the evening. If Roc's was not open, drawing the late night crowd, my business would suffer substantially, and I would have to reconsider my move. The significant draw to this location is the business that I have gained being associated with, and next to Roc's Firehouse. If you need further information, or verification, please feel free to contact me. Spincerely, • arol can Ross 760-674-2008 Conte see IIS in OUi'heir /0ctltlf111... .,.•. )4, b 0 }> ef- �'c i} i�l.�ik:';�1a1 } F ✓ a.• `i ' M s ' ' 1 i, #10 ' fir, *ArviliK ' ' r rz f x Sg,, s �, , • i RR ...and check out the boys next elooi: 73.i05 El Paseo.Suite 31.0•760.674/0013 Next co Roc's Firehouse http://www.hwy 111 magazine.com/caroldeanmarch.html 2/16/2004 7-1111111 P1 /"\ iGl 144. A C H U R R A S C A R = A 73399 EL Paseo, Palm desert, CA, 92260 Dear sir/madam My name is TAMER AMER. I am co owner of Picanha restaurant on EL Paseo and Lupine. Our next door neighbor is ROC'S FIRE HOUSE. We recently opened in December of 2003. It is a fact that no restaurant has made it in the past in either my location or ROC'S fire house's location. But ROC'S fire house was the first to bring in business to this abundant part of EL Paseo. This inspired us to open up next door. We had an incredible first season that surpassed all our expectations. I think that together we and ROC'S have tied both sides of El Paseo after being separated for years. We are blessed to Have ROC'S as our neighbors. In the last 6 month that we have been open for business, we experienced no inconvenience what so ever from ROC'S. Being next to ROC'S is free advertisement considering the amount of foot traffic they generate for this no longer abundant corner. Truth of the mater is we are an upscale restaurant, my patio is a few feet away from ROC'S Patio and if the so-called"nuisance"was true. I would be the first one to complain in order for rno to protect my business. Fact of the mater is this town's economy stands on tourism and the hospitality industry And if we start shutting that down then it will very soon drive businesses away from palm desert and it will prevent new potential businesses from moving in to our community. Sincerely, TAMER ER 73315 Shadow Mountain Drive #8 Palm Desert CA92260 Like all the patrons of Roc's Firehouse Grille, we are astounded at the complaints put forward about the so-called "nuisance" and the anti-social comments raised about the activities at the restaurant. We would be interested to know how many of the complainants have ever visited the Grille and also how many of them moved into their home after the place was opened several years ago. If one chooses to live in an area like El Paseo, then you should not be surprised that the places where people go to enjoy themselves create a certain liveliness which brings life and prosperity to that area. In fact, one of the reasons we chose to live where we do was to be within easy walking distance of the lively and vibrant El Paseo area. We are sure that this is true of many of our friends and neighbors. Maybe it is because the complainants choose a different kind of entertainment for themselves that they cannot understand this. Do they think that the neighbors of the Daily Grill parking lot on Ocotillo, for example, enjoy the extra traffic, noise and inconvenience that it creates? Probably not, but if you choose to live there, then it "goes with the territory" so to speak. For example, if you choose to live close to an airport or train station, should you then complain about air traffic or train noise? We think not! The live music at Roc's Firehouse Grille takes place on a Sunday afternoon/early evening and is over by 9pm at the latest. We live on Shadow Mountain Drive at the top of Lupine and certainly cannot hear any music from there. Although we can (and frequently do) hear loud music from parties across the street from the townhomes there, we realize that we live in a place which attracts people with lost of leisure time and who wish to lead relaxed and sociable lifestyles. This is not a "Retirement Community". Many of the people who live here work and lead very busy, varied lifestyles. Jayme and Roland Cook are excellent hosts and are responsible and considerate members of the community, who appreciate and understand their neighbors needs. They contribute a great deal to the spirit of El Paseo and their establishment is a landmark which brings in visitors from the other cities surrounding Palm Desert, which also adds to the color and vibrant tone of the neighborhood. It would be easy for both "sides" of this discussion to descend to accusatory and inflammatory remarks about the other "side" But the complainants in this matter should realize that our environment is to be shared by all of us who live here. Perhaps "Live and Let Live" should be the way we approach this problem. Jayme and Roland really go the extra mile to understand their neighbors feelings and concerns and their considerate attitude is reflected in the behavior of their regular customers. El Paseo and Palm Desert need places like Roc's Firehouse Grille to maintain and perpetuate its reputation for life, color and a broad spectrum of entertainment for all. There is room for everyone ! lifS, Deborah and Alan Thelwell Neighbors and Patrons of Roc's Firehouse Grille May 28th, 2004 Dear Palm Desert City Council Members, Good evening. My name is Claude Sauviat and since I cannot personally attend Tuesday's hearing, I wanted to write this small note on behalf of Roc's Firehouse and this very important issue. I have worked in the hospitality industry here in the Coachella Valley for the past twenty-four years, and have been a patron of the Firehouse since day one. I remember the good old days when you could actually find a bar stool to sit on any day of the week ! The Firehouse has proven itself to be a valuable member of the El Paseo scene as well as the Palm Desert business community as evidenced by their phenomenal success. Roland and Jayme's hard work should be admired rather than mired in these hearings because of the opinion of a few people who are upset over something that The Firehouse itself has no fault in. Speaking as a member of the restaurant workers in Palm Desert, I value The Firehouse for several reasons: It is a place for those of us who serve others all day to come and be served by friendly, fun people who know you on a first name basis and are always trying their best to make sure that your evening ends on an enjoyable note. I also appreciate the fact that Roc's is not a place with loud music blaring and people having to scream to be heard. It is a place where one can have a great conversation without having to yell. I also value the fact that I can come here for a great lunch on my day off, no matter which day of the week that falls on. I am proud to call the owners of Roc's Firehouse my friends and I tip my hat to Roland and Jayme for their hard work, and for turning this once revolving-business location into such a success. I know that when I ask my co-workers if they'd like to join me at Roc's after our shift, there is always someone happy to tag along ! I would hate to see them leave Palm Desert and go"down Valley" because of this issue, and I trust that the wise members of the Palm Desert City Council will agree. Regards, l Claude Sauviat Rancho Mirage, Ca. To The Planning Commission: I am writing you this letter in regards to ROC's Firehouse closing at 11:00 p.m. My name is Erika Blair and I have worked on El Paseo for nine years and have lived close to El Paseo for seven years. There are many nights I get off work late and go to ROC's for dinner because it is one of the only places on El Paseo that is still serving food, and I do not need a reservation, or have to follow a dress code. I always feel welcomed and safe, and that is very important to a single female. The nights I do get home early, I walk my dog later in the evening on El Paseo when it cools down,just as many others do. The street closes so early that it is very nice to see people out. El Paseo needs more places like ROC's Firehouse, it brings local people to the street and reminds them about other business they could help keep alive. I personally believe that having ROC's close by 11:00 p.m. would be a huge mistake. I think you would be making a great, year-round, local business loose money. We already see too many businesses come and go. I love having a safe place that is in walking distance to go to after 11:00 p.m. to get a bite to eat or just enjoy good company. Thank you. Sincerely, Erika Blair PETITION RE: ROC's Firehouse Grille request for Conditional Use Permit amendment I am in support of ROC's Firehouse Grille and their request for an amendment to the current Conditional Use Permit. I understand that the request for amendment includes their request to operate their business as usual until 2:00 AM. RFG has been operating from 11:30 AM until 2:00 AM since the day they were open, November 2001. It is my opinion that RFG is an asset to the City of Palm Desert, specifically El Paseo. RFG offers a full menu until 1:00 AM and has built a very respectable clientele because of this aspect. In addition to being a great place for tourists,they cater to the local residents and workforce by offering an affordable menu and a friendly, safe atmosphere. The City of Palm Desert is fortunate to have a restaurant like RFG. The owners operate a professional business. Of all the restaurants that have occupied this location, RFG is the only place to have any consistent success at all. Please grant RFG's request for their C.U.P. Thank you for your consideration in this matter. 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M) ysai►d -ravtriQ Q/2-a b-tr1 57 7 3 dl4 NI 1�►p► t 13 s S �r � ( — 3), 0-00 /) c� min 2�Q Ob1 N 31 N -1:1-) (M' , ^s / /47a1WIIh% J 2 c' 1 l Y1 r�':r - . bM (n2 1, . 1' Z � I�C� ab �2g �4 ( iNYJVJO ,cam 5flcd t4voi ()fleck 66 -e -crroptik ZbLL U2 ' b� C • aNI. ')iv l it. (d cr l b Z _ > >. � ' 7 z '-( '9), ) b 1u b Vi 1-17`'0 hi. LZ j-9h I 1--11. W NAQ ,a(V �{„: ".V.PV '1,;j .✓ .P-V ya'i ' 0L -LJ (''ti`''''�39'31''{}� Fc{/J112?O 5`lip � r uutvN v PETITION RE: ROC's Firehouse Grille request for Conditional Use Permit amendment I am in support of ROC's Firehouse Grille and their request for an amendment to the current Conditional Use Permit. I understand that the request for amendment includes their request to operate their business as usual until 2:00 AM. RFG has been operating from 11:30 AM until 2:00 AM since the day they were open, November 2001. It is my opinion that RFG is an asset to the City of Palm Desert, specifically El Paseo. RFG offers a full menu until 1:00 AM and has built a very respectable clientele because of this aspect. In addition to being a great place for tourists,they cater to the local residents and workforce by offering an affordable menu and a friendly, safe atmosphere. The City of Palm Desert is fortunate to have a restaurant like RFG. The owners operate a professional business. Of all the restaurants that have occupied this location, RFG is the only place to have any consistent success at all. Please grant RFG's request for their C.U.P. Thank you for your consideration in this matter. NAME ADDRESS OCCUPATION J{'i ./C0 CO o eNiet yell •-�11I't6ko !-Atal.-�/A 3 U �'�,n,ci U . -ems ,Cr CI M-fug 6c,hcw2J 00.-GO Setve✓ C14 c ct '1 Q.5 (co CO 1\ 777 60 VOA('-'1 aj ►a-ocz_ %7_ togs9s - e - C-c-,c.iz to i ip. s ,F cti-ic o c � � MtAkAfi RRc. l A d 14110 ►-v- T z L�'I• '� A►n ;( �.5�vVitrcr A E r-A- cf-ts Nitc a> Vei \f ol. v4 wtiki (�4 lY1 ►� '1r l6 nr' -Illu0 � � VAlr e A i � ` 1� V� � t UZ. {k tPn- ri .�v�,►�s (om .171 eC ti rc,c���' PCB.c Qo ) -"-v1-1.1pD fq4) Jni jyr _pyc,70 v,ryl. a vo Q ?b �y d. Avg ►c 7L )" + I. vv& , C 22 b wa -ovara o 77-;.l„v )!'1961 of zb J 4 dl 9\j°)7 YlivY 1 CA ) . 12210 01""1 sskbi Nwn 1 S -St k)1\' � n� 474 I arc!, O'wv,1 ocif n'T epQ 5"u}-Zg isr y 1yl A hrz/t' .r vol...eJ4.- tut" a•Y•en, I I •9 he ,.,4..,,ti ,4,.•Itt , .e.ri State of California • fepartment of Alcoholic Beverage Control DECLARATION OF SERVICE B MAIL ABC-207-F(6/99) INSTRUCTIONS TO THE APPL.ICANT(S): This Declaration of Service by Mail must be completed and returned within 15 days of the posting of the premises to: Department of Alcoholic Beverage Control Rancho Mirage District Office 42-700 Bob Rope Dr.,Suite 317 -RECEIVED Rancho Mirage, CA 92270 AUG z 0 2001 • Section 23985.5 of the Business and Professions Code requires that you mail n•i ••; '•' ' to every resident within a 500-foot radius of the applied-for premises. This Declaration may serve as • •• o �nce. (The 500-foot radius is to be calculated by straight line measurement from the closest exterior wall of your premises to the residential structures_) The Name(s)of the Applicant(s)is/ana: Roj nd M C eI i (Tayrn:i R . K)&1�- Premises Address: . 734n5 ez. PA- - -0 32 f ELM 9i 2Li U DECLARATION OF SERVICE BY MAIL nn ) I, ,At/Me K( 7t i ,do hereby declare that on ' " i9 / , I served by mail upon each resident of real property within a 500-foot radius of the above-designated premises,by depositing in the United States Mail,with postage fully prepaid,a sealed envelope containing a true copy of the Notice of Intention to Engage in the Sate of Alcoholic Beverages(ABC-207-E),a copy of which is attached hereto,giving the name(s)of the applicant(s),the types)of licenses)applied for,the address of the premises where the business is to be conducted,addressed to the resident/occupant for each of the following addresses: (If more space is needed,use reverse or attach a separate sheet) ADDRFSS CITY ZIP CODE 440 5 Ltap IrrWS II- 0) PJm ))girl- q.- 0 4 i Li.ipirte Lit) s ; io) Patty) � a 1 declare under the penalty of perjury that the foregoing is true and correct i Executed at P_P- r ) E 2 T ,California,this 2 ,day of 11( t/V-�', 20 + . "gnature) The Desert Sun Desert dining RESTAURANT PROFILE Battle the blaze of hunger at ROC' _ BY MAUREEN DALY .) - SPECIAL TO THE DESERT SUN 1�b� k`•t ,H^'c` Another round of applause for - ��� �'�'f ` 1 ed PALM 'ie mile '' t"4 �` arsENT —r---- a real life firefighter,this time „ 4 4,j Roland Cook, I8-year veteran i; r r �' ' ., iI �'`°�` „ t �W a ., l v 5 {"@Il a engineer/dog handler with theik '� EI Paseo Palm Springs Fire Department, 't 1 l �. , i who recently opened—with a ` j �' partner Jayme Kleine—his own h, ; , . . L . ( L. ' 4 amusing,delicious and offbeat 1, 1=< i � ; ROC's Are noose Grille' full service restaurant,ROC's ''I i **, / , F '''' t �' Fire House Grille(those initials s 73 405 El Paseo u _ fit. 674-3222 stand for Roland Otto Cook),on --ED FIGUEROA,THE --�! '" FRED NIGUGROA,'THE DESERT a busy corner on posh El Paseo •.-v F in Palm Desert. , 'r� °I 1 + t ' tilla chips.A bowl of chili is The restaurant is easyto spot served with a miniature Ameri Just look for the shiny,red and ,I chrome golf cart parked at the ----- ° .,. r. "1 f � a.�•� can flag f t a toothpick in the i middle of the bowl.The price front curb,all dressed up to look ' a; like a miniature fire engine. r� � `� �• � �'-�� �-" (7` for a large bowl of chili is$6. Thoughthis is Another super-satisfactory primarily a restaurant for grown-ups—with �� , .Ii oli choice was seared ahi tuna tart full bar,reservations for 6 or which cost$9. more,lots of rear parking,daily �� i, ` '} This delicate but generous hours from 11 a.m.to a starlit 2 ' portion (that ahi is a rich fish) r `' served in a tall,over-sized mar- a.m.—children are welcome. i tini glass.Fresh,seared ahi tun On the Junior Firefighter , ,. mixed with avocado and cu- Menu are a half-dozen mini en- , ,¢'. ' cumber and topped with wasat e d plastic fire helmet for gus at$4,with beverage o`' ';,.a I ' . c tayonnaise and some crisp N chips. 10 years and under.Even the lead junior selection,a trio of • As presentation serendipity, breaded fried shrimp,tartar , the rim of the serving glass is sauce and seasoned fries,is .0 edged with black and white named Sammie's Shrimps after � '� ,�,i�,,,A;" � sesame seeds. nCook'samed daughter. $, %t C ' r A third lucky selection was This is a 6-year-oldma eatery,servingr"< <'' The Heart Behind"The Hero" 30 inside and 30 to 40 on the ' h ` andwich which costs$8.50. spacious terrace.The terrace has . "'`` ;.• The sandwich consists of Geno, • sun umbrellas and heat lamps. ir , ' salami,turkey,ham,provolone cheese,lettuce,onion and toma If you don't believe this is a A to which is served on a baguette "firehouse,"look at the interior decor. It's bristling with fire- ii.'' roll and held together with 'I'AYA KASHUEA,THE DESERT SUN toothpick flags. fighter artifacts and cleverly Fighting hunger: ROC's Fire House Grille co-owners Roland Cook Appeal of this sandwich is the "rescued"tables,partially black- (left) and Jayme Kleine (center) pose with executive chef Mark Tadros quality and generosity of those ened tables with the tops var- outside the restaurant on El Paseo in Palm Desert. deli ingredients,plus that fresh niched dramatically to look bakery roll.According to the hacked and charted. — menu$1 donation from the cost Open just over two months, This deluxe steak,as with oth- and parmesan cheese. of this sandwich goes to the Al- Fire House has been attracting er dinner entrees,includes We were first attracted to Fire isa Ann Ruch Bum Foundation, nearby business folk,lots of El choice of garlic mashed pota- House Grille by the extensive Glendale for research,treatment Paseo strollers,and,in the hours toes,french fries,rice pilaf or luncheon menu and savored sev- and equipment. after midnight,the staff of other fresh vegetables of the day. eral selections. "The Hero" h is so restaurants whose venues have The customer's favorite dinner Cup of Backdraft chili costs good that our visits toct:he Fire already closed and a scattering is baby-back ribs.A full rack $3.50 for a generous,open House restaurant have already of uniformed,off-duty police of- costs$20,and a half rack costs ramekin of succulent home- resulted in a$3 donation. ficers and fire fighters. $15.The Fire House barbecue made chili with a spicy tomato Mark Tadros is the talented sauce is the chefs original base that also includes carrots, ' executive chef here.He is a na- recipe.Whatever the secret, onions and celery,served with Maureen Daly is a novelist and tive of La Quinta and a graduate those ribs are drop-from-the- sour cream,cheese and green freelance writer based in Palm Desert. of the California Culinary bone good. onion,surrounded by lots of She can be reached at P.0 Box Academy in San Francisco. Great dinner hamburgers are crispy red,white and blue tor- 3875, Palm Desert,CA 92261. Tadros says he deals in corn- served including the Chief, fort foods, "familiar dishes that $8.50,and the Assistant Chief, make people feel good,"but $7. Blue cheese, >uacamole and _0- U bvth7iinc`h anc�dinner menus bacon ort can be addedl 41 "I r, - ES**** to burgers , 14 have definite surprises. for an extra 50 cents. ' d , iu ` - The average lunch check, - 4 ,,:Grilled ahi tuna costs$19; " �!�' 1 µ without the bar service,is$15. honey-glazed pork chops topped 1 -,t:� 4 a.m._Dinner,sans liquors,costs about with sweet potatoes cost$18; ` �aM a,Sk �, $A $20. ROC's scampi costs$18 for l w,,; ;,Ila'I m• u ,.: �l1 The most expensive entree,of- jumbo prawns butterflied and ,m """ "' r' ,, tilpafered for dinner only,is$22 for sautéed with capers,topped with 1 n-seared New York steak, lemon Parmesan garlic butter; ealth Meals cooked to specification,topped and a novel avocado pasta, $16, with fried stack onions and with al dente fusilli in an avoca- From $350 to 1500 cabernet sauce. do cream sauce,tomato,onions Fresh Vegetables From Our Own Farm Tel: (760) 674-9579 --� -- _.__ Hwy. 111 & Fred Waring between Bananaz &Olive Garden FIRE STARTERS AWOLArtichoke Hearts $7.50 Flash fried to perfection,topped with parmesan cheese and garlic butter. ROC'S Scampi $7.75 Sautéed in garlic lemon butter topped with capers and parmesan cheese. Nachos $7.95 Tortilla chips smothered with cheese,onion,jalapenos,black olives, tomato,pico de gallo, sour cream, guacamole and Backdraft chili. -igalliHot wings $6.50 Mild, medium or call 911,with bleu cheese dip and celery sticks. Quesadilla. $5.25 Flour tortilla filled with shredded jack and cheddar cheese. Served with guacamole,pico de gallo and sour cream.Add chicken $2.00, add shrimp $4.00. Chicken Strips $7.50 Served with celery sticks and ranch dressing. Ahi Tar Tar $9.00 Ahi tuna,avocado, cucumber and crispy wontons,topped with wasabi mayo. Spinach Artichoke dip $6.95 With our home made tortilla chips. Shrimp Cocktail $9.95 Large shrimp in homemade cocktail sauce. Served with tortilla chips to finish the sauce off. SALADS AND SOUPS Caesar salad. $6.95 Add chicken $8.95 Add shrimp $10.95 Cobb salad $10.95 Romaine lettuce, bacon bits, turkey, tomato, olives, egg, bleu cheese crumbles and avocado. Chinese chicken salad $10.95 Shredded lettuce, tomato, green onion, sesame seeds, fried wontons, mandarin oranges and our oriental dressing, topped with a grilled chicken breast. Fire"House"salad $4.50 Mesculin lettuce, diced cucumber, tomato, red onion and shredded carrots. Served with our house raspberry vinaigrette. Chefs daily soup—Made fresh every day Cup $2.95 Bowl $4.95 Chicken Tortilla Soup Cup $2.95 Bowl $4.95 A slightly spicy chicken soup topped with guacamole and tortilla chips. Paramedic $7.25 Cup of soup and house salad. 4211Paackdraft Chili (Get it?...backdraft....chili?) Cup $4.25 Bowl $6.75 Served with tortilla chips, topped with sour cream and green onions. 'A tried and true Fireman favorite THE BEST BURGERS '/:pound of ground beef with pickle,lettuce, tomato, onion and beer battered fries. jinThe Chief $8.95 Topped with pastrami, swiss cheese and our special house dressing. Assistant Chief $7.50 Top it with whatever. It's your ladder—climb as high as you dare for.50 cents per item. Want a chicken breast instead of a meat patty?Add$1.00. American cheese Pepper jack cheese Avocado Fried onions Jalapenos Firehouse chili Bleu cheese Provolone cheese Bacon Grilled onion Pico de gallo Roasted red chili's Cheddar cheese Swiss cheese Guacamole Sautéed mushrooms BBQ sauce Roasted green chili's SANDWICHES Add beer battered fries to any sandwich for$1.00 Battalion Chief $10.95 Filet mignon with american and swiss cheese, mayonnaise and mild green chiles. Served on a baguette. Captains Choice $7.25 Crispy chicken breast topped with lettuce,american cheese and mayonnaise on a grilled baguette. - Engineer $7.50 All veggie. Wheat bread with cream cheese, sunflower seeds, tomato, cucumber, onion, alfalfa sprouts, avocado and swiss cheese. "Un-veggie"this with bacon. Add.50 cents. Heart behind the"Hero" $8.95 Salami,turkey, ham and provolone cheese with tomato, lettuce and onion. Served on a grilled baguette. $1.00 goes to the Alisa Ann Ruch Bum Foundation. The Rookie $6.75 Because this is all they know how to make! Our Firehouse tuna salad sandwich on wheat with lettuce and tomato. Rookie"Meltdown" $7.25 Because occasionally they do. Our tuna sandwich grilled on sourdough bread with american cheese. The Inspector $7.95 Ham and swiss cheese piled high with lettuce and tomato on a baguette. Fireman $8.50 Genoa salami,provolone cheese, a mild Firehouse roasted red pepper, lettuce and tomato. Served on a grilled baguette. Truckee $8.50 Hearty hot pastrami and swiss cheese with dijon mustard piled high on a baguette. -140111Fire Marshal $8.95 The famous Firehouse version of a Reuben. Hot pastrami, sauerkraut, Swiss cheese and 1000 Island. Served HOT on grilled rye. Volunteer $7.95 Thinly sliced oven roasted turkey breast, cranberries and cream cheese on wheat bread. Meatball Sandwich $6.95 Saucy meatballs in a baguette, topped with provolone. Fish Tacos $10.95 Two warm tortillas filled with broiled sea bass, shredded cabbage, tomato and the Chefs famous taco sauce. Served with black beans and rice. iA tried and true Fireman favorite • There will be a$2.00 charge for all split orders PASTA Linguini and clams $13.95 Linguini and clams with applewood smoked bacon, garlic, green onions and a white wine sauce. Sunburst pasta $12.95 Penne pasta and chicken breast tossed with artichoke hearts,broccoli and sun dried tomato in pesto cream sauce. Pasta Marinara $8.95 Penne pasta with our freshly made marinara sauce.Add chicken for$2.00 more or add shrimp for $4.00. Pasta Primevera. $8.95 Rainbow rotini sautéed with fresh vegetables and herbs. ENTREES Entrees are served with fresh veggies and your choice of garlic mashed potatoes, beer battered fries or rice pilaf. Aligil►Roc's Scampi $16.95 Large shrimp sautéed in garlic lemon butter and topped with capers and parmesan cheese. (This is what made Jayme fall in love with ROC. Sealed the deal.) ANIOLFiremans payday dinner $18.95 Filet mignon teamed with ROC's scampi. Great combo when you just can't decide. Blackened Ahi Tuna $18.95 Seared ahi tuna with a cucumber and avocado relish. Served with our special asian dipping sauce. Filet Mignon $18.95 Twin petite filets topped with green peppercorn sauce. Chicken Marsala $10.95 A healthy portion of chicken breast with a mushroom marsala cream sauce. Sea bass $16.95 Broiled sea bass covered in a creamy tarragon mushroom sauce. Served with rice and veggies. Chef's Special of the day 9 Always changing, always good. Ask your server for details. . Baby Back Ribs Hours of work go into each rib. Prepared to perfection, slow cooked,fall-off-the-bone ribs.Topped with our Firehouse made BBQ sauce. Full rack $20.95 Half rack $14.95 AidigiA tried and true Fireman favorite • There will be a$2.00 charge for all split orders ti % 1 THE JUNIOR FIREFIGHTER MENU All junior items come with a non-alcoholic beverage and fire helmet. 10 and under. All items$4.50 Sammies Strimp (shrimp) Breaded shrimp served with tartar sauce and seasoned fries. The Lil' Chief Munchkin size burger and fries. The Bautz K9 Dog A hot dog and fries named after the Palm Springs Fire Dept's search and rescue dog... Had to recognize him since his dad owns this place. Junior Rookie Pasta Plate Penne pasta and butter. Chicken Strips Chicken strips and fries. Cheese Quesadilla Flour tortilla and melted cheddar cheese, served with fries. Grilled Cheese Sandwich like the title implies with fries. FIREMAN TREATS AWOL $6.00 Crème Brule Brownies and ice cream STUFF FOR SALE T Shirts-like the servers and bartenders wear Short sleeve $15.00 Long sleeve $20.00 Hats $15.00 73-405 EL PASEO, 3 A, PALA DESERT, CA 9 2E - V^s3 5k=' 4i a 4Fah + t- ca c In the late 1970's, one young teenager got a job in a busy restaurant in Huntington Beach, California. He worked in many capacities at the restaurant, but his love was cooking. In the years he worked there, he learned to love the business of serving the public. Little did he know, but his stint at the restaurant was just a way to put himself through the Fire Academy, where he learned to serve the public in a different way. He graduated from the Academy in 1983 and was hired on with the Palm Springs (CA) Fire Department in 1984 and was quickly assigned to kitchen detail. Using his kitchen skills he learned in the restaurant, he immediately gained the trust of even the saltiest of veterans (at least as far as meals were concerned). Knowing that his love for the restaurant business still lingered, he kept his dreams alive by "knowing" one day he would own a restaurant. The opportunity came to life one day while floating in the pool sipping a margarita with his girlfriend Jayme. While the fireman and Jayme floated, they shared common dreams of owning their own restaurants. In fact, the two met in a great little restaurant as Jayme served the fireman and his friends some good food and cold beers. They quickly discovered that they would make a great team in business as well as life. Jayme spent most of her adult life in a restaurant, both fine dining and great little local hangouts, learning all about serving the public. She's worked as a server, bartender, bookkeeper, and general manager. Basically every job but the kitchen, that's the fireman's duty. You've probably guessed by now that's she's the brains of this place. Whatever her role was, she quickly gathered a following of regulars who came back time and again for great service and a happy face. After discussing goals and dreams, the couple felt confident that they could fill hungry bellies full of good "firehouse" type food and they purchased a vacant restaurant in June of 2001. They and lot's of their friends, built a new kitchen and remodeled the place all summer and opened their doors six month's later. Well, here we are. As you look around the restaurant, you'll see many rare and interesting "Firetiques". The majority of the items are authentic, having been used by real Firefighters. Some items are from the 1800's. Displaying the true Brotherhood of Firefighters, many of the expensive and rare Firetiques were generously donated for display by fellow firefighters, just to "help a Brother out". Ask Jayme or the fireman about any of the Firetiques, and you'll be sure to get a good story behind each piece. There's hardly a day that goes by when you won't see either (usually both) Jayme or her favorite fireman working at the restaurant. The items on the menu are best described as excellent yet inexpensive, casual, abundant and "fireman friendly". You see, firemen love lots of good food that they don't have to pay a lot for. Too many meals have been left on the kitchen table while the firemen answered emergency calls, so the cheaper the better. Many items are tried and true favorites of the fire station. All of our soups, sauces and dressings are homemade. We only use the freshest quality ingredients in our food and take great pride in providing you with "Firehouse-style comfort food" right down to the hand formed crab cakes to our Firehouse ribs and Filet Mignon. Don't hesitate to bring the kids either. We have a great kids menu they're sure to eat from and they'll love their complimentary Fire Chief helmet. You may even notice some Firemen enjoying lunch or dinner, many times interrupted by emergency calls. By the way, my name is R.O.C., short for Roland Otto Cook. I'm the lucky fireman with Jayme as my girl and partner. Enjoy and have fun. O, PALM DESERT, CAS t. 2.60 is -z• -3 22, ( ) . - e-342 online virevw,r'xi:sfirch,o,ltge,us Roc - n - 5 op At Roc's Firehouse i F hts.--- i-iciay ai-Ki Sattl rr .g le i 4.1 'ti "1" - ,Ili irk i fiel . , . • , .._ ... • • .. _ •,. .,.. 4 • ..,... , • • fefigi.. , y , ahl-...4111 .6 ' .._-• . ' .... . 1 ..._... i . :„, • I 1 )1 • . N 't ,,,,•,.. , i • ‘''. 4 V \ '4A A ' Aiiii g . ...,.. °. •-.7.- ---- --- . .-`5. :t' . . li .....400.0.1W:for,/ 9*- , lik , %, I',, '• ... • '''''• " .t,'.. .* / . . 3,t• • ... ,. _- 1, „ 45.0. •: ,f, MC .' , ... .. '.:,,,'-. '4, '• . .,4 .,.... ''. • - , - ,,,, , , 4 , ., 0. s next door. , .., - ei- 1:0;„ , . , -- . _ 1 ... ..,,... a A 6 . ad ci it io r)a I 1070 off 0- * . , 1 E r 4 -0, 41' .4")... ' ' • A ,G.7 ' • fl. 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