HomeMy WebLinkAboutRes 2012-02 CUP 96-20 Amendment 1 HTE CUP 11-297CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: REQUEST FOR CITY COUNCIL REVIEW OF THE PLANNING
COMMISSION ACTION APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 96-20 TO OPERATE A
RESTAURANT/BAR BETWEEN THE HOURS OF 11:00 A.M. AND
MIDNIGHT IN A GENERAL COMMERCIAL ZONE LOCATED AT 73-
900 EL PASEO, #2.
SUBMITTED BY: Kevin Swartz,
Assistant Planner
APPLICANT: Guillermo D. Avalos
73-321 Santa Rosa Way
Palm Desert, CA 92260
CASE NO.: CUP 96-20 Amendment #1 / HTE CUP 11-297
DATE: January 12, 2012
CONTENTS: Draft Resolution
Planning Commission minutes dated October 18, 2011
Code Enforcement Division letter, dated June 22, 2011
Police Department letter, dated July 20, 2011
Applicant Submitted Statement of Use
Resolution 1754, Conditional Use Permit 96-20
Recommendation
By minute motion, that the City Council adopt Resolution No.2012-02approving an
amendment to Conditional Use Permit 96-20 to operate a restaurant/bar Sunday
through Thursday from 11:00 a.m. to midnight and Friday and Saturday from 11:00
a.m. to 2:00 a.m.
Executive Summary
On July 16, 1996, the Planning Commission approved Conditional Use Permit 96-20,
allowing the operation of a 1,575 square foot European wine bar serving draft beer,
espresso, alcohol -free beverages and finger foods. In 2006, the applicant took over the
restaurant, and was unaware of CUP 96-20 and has not been operating under the
Staff Report
Case No. Amendment #1 CUP 96-20 / HTE 11-297
January 12, 2012
Page 2 of 7
conditions of approval. On June 8, 2011, the Department of Alcoholic Beverage Control
(ABC) of the State of California issued a notice of suspension to Napas Tapas for 15 days
for serving alcohol to minors. The suspension lasted from June 22, 2011 through July 6,
2011. During this time the Fire Marshall performed a site inspection and found that the
occupancy was too high. On June 22, 2011, the Code Enforcement Division sent a letter
which is attached to the staff report to Napas Tapas stating all of the outstanding violations
that pertained to the conditions of approval for CUP 96-20.
On October 18, 2011, the Planning Commission approved the amendment to Conditional
Use Permit 96-20 for a restaurant/bar, but added a condition of approval limiting the
operating hours from 11:00 a.m. to midnight seven days a week.
Staff is recommending approval of the proposed amendment to Conditional Use Permit 96-
20 to allow Napas Tapas to operate as a full restaurant/bar serving lunch and dinner
Sunday through Thursday from 11:00 a.m. to midnight, and Friday and Saturday from 11:00
a.m. to 2:00 a.m. with a condition of approval that from midnight to 2:00 a.m. on Friday and
Saturday, the owner must provide a certified licensed security guard who has no other
affiliation with the restaurant/bar
Plannina Commission Action
The project was reviewed and discussed at the October 18, 2011, Planning Commission
meeting. After staff and the applicant presented the project, members of the public spoke in
opposition to it. Business owners in the area stated that there have been problems with
trash and vomit on the sidewalks, as well as physical alterations, because of the business.
After the public hearing was conducted, the Planning Commission approved the
restaurant/bar operating between the hours of 11:00 a.m. and midnight, seven days a week
on a 4-1 vote, with Commissioner Cambpell absent.
Background
A. Property Description:
The property is located on the north side of El Paseo, east of San Luis Rey Avenue
and west of Portola Avenue. The main access to the restaurant is located on El
Paseo. Parking is also available to the north located in President's Plaza.
On July 16, 1996, the Planning Commission approved Conditional Use Permit 96-20,
which approved Napas Tapas as a European style wine bar serving draft beer,
espressos, and finger foods, with conditions of approval including: only serving wine
and draft beer, maximum seating of 30 people, no outside entertainment, and hours
of operation from 11:00 a.m. to midnight, and closed on Mondays and Tuesdays
GAPlanning\Kevin Swartz\Word\CUP'S\CUP 11-297 Napas Tapas\napas staff report.doc
Staff Report
Case No. Amendment #1
January 12, 2012
Page 3 of 7
CUP 96-20 / HTE 11-297
during the summer months. In 2006, the applicant took over Napas Tapas and
changed the use from a European style wine bar to a restaurant/bar, with nightly
entertainment. The applicant states he was unaware of the conditions of approval
restricting the use as described above. Staff recently became aware that the
business was not in compliance with CUP 96-20 after a complaint by the Department
of Alcohol Beverage Control (ABC) for serving to minors, and an inspection by the
Fire Marshal which found that the number of people in the restaurant exceeded the
maximum occupancy approved on the building plans per CUP 96-20. In addition, the
inspection determined that the back exit has been blocked and needed to be open
for exiting. On June 22, 2011, the Code Compliance Division issued a letter to the
business owner of Napas Tapas informing him that the business must comply and
operate under the conditions of approval for CUP 96-20, as well as renewing his City
business license.
B. Zoning and General Plan Designation:
Zoning: General Commercial, Scenic Preservation Overlay District
General Plan: Community Commercial
C. Adjacent Zoning and Land Use:
North:
General Commercial,
Scenic
Presidents Plaza Parking lot
South:
General Commercial,
Scenic
Augusta's Restaurant
East:
General Commercial,
Scenic
Commercial Buildings
West:
General Commercial,
Scenic
Commercial Buildings
Project Description
Preservation Overlay, (C-1, S.P.) /
Preservation Overlay, (C-1, S.P.) /
Preservation Overlay, (C-1, S.P.) /
Preservation Overlay, (C-1, S.P.) /
The business owner of Napas Tapas is requesting an amendment to CUP 96-20 to operate as
a restaurant/bar serving lunch and dinner. The restaurant is currently serving appetizers,
salads, and sandwiches, as well as a full bar including: wine, bottle beer, draft beer, liquor,
sodas, bottled water, ice tea, and espressos. The restaurant/bar is currently operating
between 11:00 a.m. and 2:00 a.m. seven days a week, with five employees. The restaurant
has nightly entertainment consisting of karaoke, D.J., jukebox, and radio music. A condition of
approval has been placed on the project that the applicant must obtain an Entertainment Site
Plan, which would be reviewed by all City Departments.
GAPlanning\Kevin Swartz\Word\OUP's\CUP 11-297 Napas Tapas\napas staff report.doc
Staff Report
Case No. Amendment #1 CUP 96-20 / HTE 11-297
January 12, 2012
Page 4 of 7
A floor plan of the proposed space layout for the use as requested is attached in the
exhibits.
Analysis
Conditional Use Permits are discretionary and viewed on a case -by -case basis. In this case,
the applicant has been operating a business that does not comply with the original CUP, and
the amendment will allow the owner to continue to operate as a restaurant/bar, and allow the
Planning Commission to place new conditions of approval on the property. The building has
been operating as a restaurant since 1996, and is compatible with other restaurants and bars
along El Paseo. The nature of the business does not currently interfere with parking.
In reviewing the CUP amendment and how it relates to other restaurant/bars in the City of
Palm Desert, staff contacted Lieutenant Shouse of the Palm Desert Police Department to
identify any outstanding violations. Lieutenant Shouse stated that since 2006, the Police
Department has responded to 102 calls for service at, or directly related to, Napas Tapas. A
number of criminal incidents have taken place including: grand theft, burglary, vandalism,
public disturbances, indecent exposure, public intoxication, driving under the influence, service
of alcohol to minors, battery, arson, criminal threats, and assaults with deadly weapons. The
Police Department submitted a letter dated July 20, 2011, which is attached to the staff report,
and which outlines the enforcement activity. The Police Department reports that Napas Tapas
does not generate more service calls than other bars within the City. Therefore, their
recommendations are that Napas Tapas operate within all applicable Business and
Professions Code sections, Palm Desert Municipal Code sections, and all applicable State
laws. Napas Tapas shall be operated strictly by the Conditional Use Permit.
The restaurant/bar does not generate more police service calls than other bars within the City
of Palm Desert, but due to ABC suspension, outstanding violations, adjacent business owners
complaints, and being located along El Paseo, staff believes more restrictive conditions of
approval will allow them to continue to operate successfully. Staff recommends that the
operating hours are from 11:00 a.m. to midnight Sunday through Thursday and from 11:00
a.m. to 2:00 a.m. Friday and Saturday. The restaurant/bar is currently operating until 2:00
a.m., which is not later than other bars within the City of Palm Desert, staff has added a
condition of approval that from midnight to 2:00 a.m. on Friday and Saturday only, the owner
must provide a certified licensed security guard who has no other affiliation with the
restaurant/bar to enforce such things as: noise, trash, altercations, occupancy, and excessive
drinking. This will allow the restaurant/bar to operate more smoothly in the later evening hours.
GAPlanning\Kevin Swartz\Word\OUP's\CUP 11-297 Napas Tapas\napas staff report.doc
Staff Report
Case No. Amendment #1 CUP 96-20 / HTE 11-297
January 12, 2012
Page 5 of 7
In addition, staff has added the following conditions to the project: no more than 12 seats are
allowed on the outdoor patio; occupancy for the restaurant will be determined by the Building
and Safety Department as well as the Fire Marshal; applicant must submit for and be granted
an Entertainment Site Plan for nightly entertainment; and the business owner is responsible to
clean public areas including street, sidewalks, landscape areas, parking areas, and El Paseo
median of trash, broken bottles, bodily fluids, and other debris within thirty minutes of the close
of business to a distance of 100 feet from the business entrance. If the conditions of approval
are not met, the Conditional Use Permit can be revoked through a noticed public hearing.
A. Findings of Approval:
1. That the proposed location of the conditional use is in accordance with
the objectives of the Zoning Ordinance and the purpose of the district
in which it is located.
The proposed location is in a General Commercial zone. The purpose
of this district is to provide specialty and general shopping facilities.
The proposed restaurant is compatible with this type of use since it
has been operating as a restaurant since 1996. The project was
approved by the Planning Commission under CUP 96-20, Resolution
No. 1754 allowing a European wine bar. Although the applicant has
not been operating under CUP 96-20 and the conditions of approval,
the use of a restaurandbar is compatible with similar uses along El
Paseo. Staff has placed more restrictive conditions of approval on the
project that limits, nightly. entertainment, hiring a certified license
security guard, and occupancy. The proposed location of the building
is in accord with the objectives of the Zoning Ordinance and the
purpose of the district in which the site is located. The restaurandbar
will operate between the hours of 11:00 a.m. and midnight Sunday
through Thursday and from 11:00 a.m. to 2.00 a.m. Friday and
Saturday, with a certified, licensed security guard after midnight.
2. That the proposed location of the conditional use and the conditions
under which it will be operated or maintained will not be detrimental to
the public health, safety or welfare, or be materially injurious to
properties or improvements in the vicinity.
The proposed restaurant has been operating under CUP 96-20. The
applicant is amending CUP 96-20 to continuing to operate as a
restaurandbar. The restaurant meets all applicable requirements of the
Zoning Ordinance and will not be detrimental to general public health,
safety, and welfare or materially injurious to the properties in the vicinity
GAPlanning\Kevin Swartz\Word\CUP'S\CUP 11-297 Napas Tapas\napas staff report.doc
Staff Report
Case No. Amendment #1 CUP 96-20 / HTE 11-297
January 12, 2012
Page 6 of 7
if operated as conditioned. Approval of the amendment will require
compliance with all California Building Codes and inspections must be
performed to verify compliance prior to occupancy. Parking is adequate
for the proposed activity, number of staff and customers anticipated.
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved
variances or adjustments.
The proposed use is consistent with the intent of the Zoning Ordinance;
the organization operates a community service based use that operates
during normal business hours and throughout the night when a number
of adjacent retail businesses are closed. Existing parking is adequate
and no increase in use of infrastructure is necessary. This use will
continue to provide a service to the neighborhood in a location that will
not cause disturbances to its adjacent business owners, since staff has
conditioned the owner to hire a certified licensed security guard from
midnight to 2:00 a.m. on Friday and Saturday nights. No variances or
adjustments are necessary for the project
4. That the proposed conditional use complies with the goals, objectives
and policies of the City's General Plan.
The general plan land use designation for the site is "Community -
Commercial" A primary objective stated in the Land Use Element of
the General Plan under Commercial Goals, Policies and Programs is
Goal 1, which provides for an integrated and complementary mix of
commercial land uses that meet the day-to-day needs of local residents
and tourists. Policy 1 of the General Plan Land Use Element requires a
sufficient amount of lands be designated provide a full range of
conveniently located services to neighborhood and regional residents
along with tourist visitors.
The Circulation Element of the General Plan is meant to address and
ensure that transportation issues are addressed in a manner that limits
adverse and enhances positive impacts, and to assure that local traffic
stays local. The Circulation Element also establishes and directs actions
to maintain acceptable levels of service on all community roadways. A
goal of the City is to carefully review projects to assure neighborhood
character is protected. A restaurant is suited at this site since the
General Plan allows commercial uses. The restaurant will continue to
use the same built improvements, rather than constructing new ones
G:\Planning\Kevin Swartz\Word\CUP'S\CUP 11-297 Napas Tapas\napas staff report.doc
Staff Report
Case No. Amendment #1 CUP 96-20 / HTE 11-297
January 12, 2012
Page 7 of 7
that would be used a small percentage of time. The restaurant currently
exists and would protect residential neighborhoods from traffic and
parking impacts, as well as preserve safety for residents.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is consistent
with the General Plan in respect to the appropriate use of a restaurant in
the proposed location. The business is compatible with surrounding land
uses, and is effectively located along a primarily retail street where it will
not cause any disturbances to adjacent businesses. Additionally, both
restaurant and retail businesses may prosper by being located adjacent
to one another.
Environmental Review
The project is a Class 3 Categorical Exemption (conversion of the use of small existing
structures) for the purposes of CEQA and no further review is necessary.
Submitted by: Department Head:
Kevin Swartz 117 L-Cfulri Aylaian
Assistant Planner Director of Community Development
i M. Wohlmuth
Manager
CITYCOVN 4CTI(M
APPROVED DENIED
RECEIVED OTHER
I R
;�All
;
1
* Waive further reading and adopt Resolution
No. 2012-02, upholding the Planning
Commission Action to approve an amendment
to Conditional Use Permit 96-20 to operate
a restaurant/bar with the following amended/
additional conditions: 1) Hours of 11:00 a.m.
to 12:00 a.m. (Midnight) daily; 2) provision
of an independent security guard each night
from 10:00 p.m. to 12:00 a.m.; 3) appropriate
occupancy to be determined by the Building
Official to his satisfaction and that of the
Fire Marshal's Office, after Applicant's
provision of additional information within
two weeks regarding a seating plan, including
furnishings; 4) clean-up nightly within
100 feet of the entrance to the establishment;
5) prohibition of outdoor entertainment.
5-0
GAPlanning\Kevin Swartz\Word\CUP'S\CUP 11-297 Napas Tapas\napas staff report.doc
CITY COUNCIL RESOLUTION NO. 2012-02
REQUEST FOR CITY COUNCIL REVIEW OF THE PLANNING COMMISSION
ACTION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 96-20
TO OPERATE A RESTAURANT/BAR BETWEEN THE HOURS OF 11:00 A.M.
AND MIDNIGHT IN A GENERAL COMMERCIAL ZONE LOCATED AT 73-900 EL
PASEO, #2.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12tn
day of January, 2012, hold a duly noticed public hearing to consider the request by
Guillermo D. Avalos for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 18t" day of October, 2011, hold a duly noticed public hearing to consider the
request by Guillermo D. Avalos and by its Resolution No. 2570 approval of the above
noted; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No.10-26, in that the Director of Community Development has determined that
the project will not have a negative impact on the environment and that the application is
a Class 3 Categorical Exemption for purposes of CEQA, and therefore no further
documentation is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons exist to justify the approval of said request:
Findings of Approval:
1. That the proposed location of the conditional use is in accordance
with the objectives of the Zoning Ordinance and the purpose of the
district in which it is located.
The proposed location is in a General Commercial zone. The
purpose of this district is to provide specialty and general shopping
facilities. The proposed restaurant is compatible with this type of
use since it has been operating as a restaurant since 1996. The
project was approved by the Planning Commission under CUP 96-
20, Resolution No. 1754 allowing a European wine bar. Although
the applicant has not been operating under CUP 96-20 and the
conditions of approval, the use of a restaurant/bar is compatible
with similar uses along El Paseo. Staff has placed more restrictive
conditions of approval on the project that limits, nightly
entertainment, hiring a certified license security guard, and
occupancy.
CITY COUNCIL RESOLUTION NO. 2012-02
The proposed location of the building is in accord with the
objectives of the Zoning Ordinance and the purpose of the district
in which the site is located. The restaurant/bar will operate between
the hours of 11:00 a.m. and midnight Sunday through Thursday
and from 11:00 a.m, to 2:00 a.m. Friday and Saturday, with a
certified, licensed security guard after midnight.
2. That the proposed location of the conditional use and the
conditions under which it will be operated or maintained will not be
detrimental to the public health, safety or welfare, or be materially
injurious to properties or improvements in the vicinity.
The proposed restaurant has been operating under CUP 96-20. The
applicant is amending CUP 96-20 to continuing to operate as a
restaurant/bar. The restaurant meets all applicable requirements of
the Zoning Ordinance and will not be detrimental to general public
health, safety, and welfare or materially injurious to the properties in
the vicinity if operated as conditioned. Approval of the amendment
will require compliance with all California Building Codes and
inspections must be performed to verify compliance prior to
occupancy. Parking is adequate for the proposed activity, number of
staff and customers anticipated.
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved
variances or adjustments.
The proposed use is consistent with the intent of the Zoning
Ordinance; the organization operates a community service based
use that operates during normal business hours and throughout the
night when a number of adjacent retail businesses are closed.
Existing parking is adequate and no increase in use of infrastructure
is necessary. This use will continue to provide a service to the
neighborhood in a location that will not cause disturbances to its
adjacent business owners, since staff has conditioned the owner to
hire a certified licensed security guard from midnight to 2:00 a.m. on
Friday and Saturday nights. No variances or adjustments are
necessary for the project
i!
CITY COUNCIL RESOLUTION NO. 2012-02
4. That the proposed conditional use complies with the goals,
objectives and policies of the City's General Plan.
The general plan land use designation for the site is "Community -
Commercial" A primary objective stated in the Land Use Element
of the General Plan under Commercial Goals, Policies and
Programs is Goal 1, which provides for an integrated and
complementary mix of commercial land uses that meet the day-to-
day needs of local residents and tourists.
Policy 1 of the General Plan Land Use Element requires a sufficient
amount of lands be designated provide a full range of conveniently
located services to neighborhood and regional residents along with
tourist visitors.
The Circulation Element of the General Plan is meant to address and
ensure that transportation issues are addressed in a manner that
limits adverse and enhances positive impacts, and to assure that
local traffic stays local. The Circulation Element also establishes and
directs actions to maintain acceptable levels of service on all
community roadways. A goal of the City is to carefully review
projects to assure neighborhood character is protected. A restaurant
is suited at this site since the General Plan allows commercial uses.
The restaurant will continue to use the same built improvements,
rather than constructing new ones that would be used a small
percentage of time. The restaurant currently exists and would protect
residential neighborhoods from traffic and parking impacts, as well
as preserve safety for residents.
This project maintains a land use that is consistent with the goals,
policies, and programs of the General Plan. The project is consistent
with the General Plan in respect to the appropriate use of a
restaurant in the proposed location. The business is compatible with
surrounding land uses, and is effectively located along a primarily
retail street where it will not cause any disturbances to adjacent
businesses. Additionally, both restaurant and retail businesses may
prosper by being located adjacent to one another.
3
CITY COUNCIL RESOLUTION NO. 2012-02
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the City Council does hereby grant approval of Conditional Use Permit
96-20 Amendment #1, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 12t" day of January 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE KLASSEN, City Clerk
City of Palm Desert, California
JEAN M. BENSON, Mayor
0
CITY COUNCIL RESOLUTION NO. 2012-02
CONDITIONS OF APPROVAL
CASE NO. CUP 96-20 Amendment #1
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein, which are in addition to all municipal
ordinances and state and federal statutes now in force, or which hereafter may
be in force
3. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
4. Hours of operation are from 11:00 a.m. to midnight Sunday through Thursday
and from 11:00 a.m. to 2:00 a.m. Friday and Saturday.
5. The business owner must provide at least one certified license security guard
who has no other affiliation with the restaurant/bar on Friday and Saturday nights
from midnight to 2:00 a.m. enforce such things as: noise, trash, altercations,
occupancy, and excessive drinking.
6. The business owner is responsible to clean public areas including street,
sidewalks, landscape areas, parking areas, and El Paseo median of trash,
broken bottles, bodily fluids, and other debris within thirty minutes of the close of
business to a distance of 100 feet from the business entrance.
7. No more than 12 seats are allowed on the outdoor patio.
8. Maximum Building Occupancy for the restaurant is 44 people determined by the
Building Official.
9. The business owner must submit for and be granted an Entertainment Site Plan
for nightly entertainment.
10. The restaurant shall have a maximum of 5 employees.
11. The restaurant must be current and approved by the Department of Alcohol
Beverage Control (ABC) to serve alcohol at all times.
12. Improvements that are not on the approved site plan may be subject to
additional requirements and plan submittals by the Public Works Department.
CITY COUNCIL RESOLUTION NO. 2012-02
13. Any future general commercial use shall provide a minimum of 4 off-street
parking spaces per 1,000 square feet of use or receive approval of a conditional
use permit prior to approval of its use.
14. Project must conform to the current State of California Codes adopted at the
time of plan check submittal. The following are the codes enforced at this time:
2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency
Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
2010 CALIFORNIA GREEN BUILDING CODE
15. The scope of this project requires an architect or engineer licensed by the State
of California.
17. A complete building analysis must be provided to justify the total number of
occupants for exiting per CBC Chapter 10, including travel distance, emergency
lighting through to the exit discharge, egress width, panic hardware, Table
1004.1.1 breakdown, etc. Also the occupant load for the interior and exterior
areas combined must be limited to 100 based on the sanitation facilities provided
per the submitted material, (CPC Table 4-1).
18. All exits must provide an accessible path of travel to the public way. (CBC
1027.6 & 1127B.1)
19. An increased occupant load must increase the number of parking spaces
required for this use. The number of accessible spaces required may also be
required to be increased as well.
20. Accessibility requirements must be addressed as required by CBC Section
1134B.
21. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm Desert Municipal Code, Title
5.
22. All contractors and/or owner -builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
A
CITY COUNCIL RESOLUTION NO. 2012-02
23. Provide fire sprinkler plans.
24. Provide fire alarm plans.
25. Provide dimensions for corridor.
26. Provide detail for panic hardware at both ends of corridor.
27. All exits doors shall open in the path of egress.
28. Plans shall reflect all small tabled in dining area.
29. Plans shall reflect any chairs / stools at bar.
30. Plans do reflect tables & chairs at patio area.
31. Provide illuminated exit sign in the corridor and bar area.
32. Provide accurate occupant load from the Palm Desert Building Department.
33. The rear corridor shall be maintained clear of any storage at all times. Provide
plans with all corrections to the Palm Desert Fire Marshal's Office.
7
CITY OF PALM DESERT, CALIFORNIA
REQUEST FOR CITY COUNCIL REVIEW
DECISION OF THE:
(Name of Determining Body)
Case No. CUP 96-20 Date of Decision: Oct. 18, 2011
Project Proponent: Napas Tapas
0
U
Address: 73-900 El Paseo # 2
e
Description of
Application or Matter Considered:
o
>
Consideration of an amendment to a Conditional Use Permit 96-20 to operate Napas rapas A
a restaurant / bar and not as a European -style wine bar as originally approved in
1996
in a
general commercial zone.
Member of the City Council
FOR OFFICIAL USE ONLY
Date Filed: Received by:
Action Taken:
Date:
Rachelle D. Klassen, City Clerk
HAWPdocs\WPDATA\MEMOS\Cncl req for review.wpd 5/21/03
Klassen, Rachelle
From: Klassen, Rachelle
Sent: Monday, October 24, 2011 3:08 PM
To: Aylaian, Lauri; Bagato, Tony
Cc: Becker, Tony
Subject: Council Request for Review-Napas Tapas
Attachments: Req for Cncl Review -CUP 96-20-Napas Tapas.pdf
Importance: High
Attached is a "Request for City Council Review" for Case No. CUP 96-20, Napas Tapas. This was timely filed with my
office today, October 24, 2011, at 3:03 p.m.
Please let me know if my office can provide any assistance.
Rac4eede D. Keassam, MMC
City Clerk, City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260-2578
(760) 346-0611, Ext. 304
Fax: (760) 340-0574
e-mail: rklassen@cityofpalmdesert.ore
73-5iu FlUD WARING Dian-e,
PALM DfJCBI', C:ntAORNl:� 92z6o—a57£3
TEL:760 346-0611
t-nx: 760 341-7098
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 11-297
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
City Council to consider a request by Guillermo Vega for consideration of a an
amendment to Conditional Use Permit 96-20 to operate Napas Tapas restaurant / bar
and not as a European style wine bar as originally approved in 1996 located at 73-900
El Paseo, #2
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SAID public hearing will be held on Thursday, January 12, 2012 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 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 KLASSEN, City Clerk
January 2, 2012 Palm Desert City Council
December 5, 2011
Palm Desert City Council
To Whom It May Concern:
The patrons of Napas Tapas on El Paseo damaged our sculpture in the center median on two
separate occasions. The sculpture had to be shipped back east to the artist for repair at a great
expense.
Another incident was when our delivery van, which is parked in the back parking lot, was hit and
damaged by a woman leaving the bar at 2:00 a.m. She was pulled over and cited for D.U.I. not too far
from the bar.
On a more recent incident, a man came in the back door of our business during the day wanting to use
our restroom. I sensed he had been drinking and asked him where he came from. He told me Napas
Tapas. I told him we do not have a public restroom. He left out our back door and urinated on a tree
in the parking lot. He then got in his car and left. This was in the late afternoon. My daughter scolded
me for not getting his license number and for not calling the police.
We business people work hard on this block and we should not have to tolerate this kind of conduct.
Sincerely,
Claire Joles
CRY of Palm DMd
Community Devebpne *
JAN 05 2012
aCO
City of Palm Desert
Community Development
JAN 05 2012
ESTABLISHED
SINCE 1950.
December 1,2011.
Palm Desert City Council.
73510 Fred Waring Dr.
Palm Desert, Ca. 92260
To Palm Desert City Council:
PLACE VENDOME INC.
�aecCoua �eweCi
73950 El Paseo, Palm Desert, CA 92260 TEL. ( ) 346-0444
We have lived and worked in Palm Desert, for the past 30 years. Our store is located
at 73950 El Paseo, Ste. A. We have paid our city taxes as well as the association fees,
for those same 30 years.
We and the other merchants on our block, need your help with a business called
Napas Tapas. We know that the City Council is aware of the problems, as you have
held hearings, BUT NO solutions regarding how to fix the problems.
We are asking you, The City Council to put a stop to what is going on.
We know that the original business was a Wine Tasting Bar, that closed by 10:00pm.
Napas Tapas is staying until 2:00a.m. or more. As a result of the hours they are open,
we and the other merchants on the street find beer cans, cigarette butts and all kinds
of trash in front of our stores; as a result we have to wash in front of our stores every morning.
Our Alarm had gone off few times between 2:00 a.m. to 3: 00 a.m.and had to meet
the police in front of our store; the last time we were called to our store, the police were
already there, 4 to 5 police cars, because people from the bar were fighting.
The people that goes to Napas Tapas, show NO RESPECT TO THE SHOPS ALONG
THE STREET, our store has inset front windows, and the people from the bar used them
as tables and leave cans and cups on them.
So we are asking you the City Council to help us, on keeping the good IMAGE OF
EL PASEO, and PROTECT THE OTHER TENANTS WHO ARE SUFFERING FROM
THIS ONE BAR.
NAPAS TAPAS NEEDS TO CONTROL THEIR PATRONS.
THANK YOU IN ADVANCED FOR ANY SOLUTION TO THIS PROBLEM.
Yours truly, s
tic — t env of Palm
Nick and Marna Zeito Ian
Owners of Place Vendome Precious Jewels. enmunityiovelo MOt
760-346-0444
JAN 0 5 2012
LbzliynE2l Of PTEeZOU1 IF-w 2y, Excfa; .L(TE czEaLoni & o7lgtnaf zEityflnq
MINUTES
PALM DESERT PLANNING COMMISSIONOCTOB9 A
B. Case No. 96-20 / HTE CUP 11-297 Amendment #1, Napa's Tapas,
Applicant.
Consideration of an amendment to condition use permit 96-20 to operate
a restaurant / bar rather than a European style wine bar as was originally
approved in 1996, in a general commercial zone located at 73-900 El
Paseo #2.
Chair Campbell excused herself from the Council Chamber because she
owns a business next to the applicant's business.
Vice -Chair De Luna began and asked for staff presentation.
Mr. Swartz orally presented his staff report and on -screen presentation to
the commission. He described the business, property, and zoning of the
area and gave a brief history. On July 16, 1996, the Planning Commission
approved case no. 96-20 permitting Napa's Tapas to open as a European
Coffee and Espresso Bar, serving finger -foods and wine as well as coffee,
tea and espresso. At that time, the bar sat 33 people, with no outdoor
seating, and operated from 11 a.m. to midnight. In 2006, the applicant
took over the tapas bar, unaware of the conditions of approval, and began
operating outside of the conditions of approval. On June 22, 2011, Code
Compliance division issued a letter to the applicant informing that the
business must comply with the CUP on file or come to the Planning
Division and apply for an amendment to the current CUP on file. The
amendment would allow the bar to remain open and also would allow the
Planning Commission to impose new restrictions on the bar if necessary.
The Police Department submitted a letter dated July 20, 2011, stating that
(in summary) Napa's Tapas didn't generate more disturbance calls than
other bars In the area, but due to ABC suspension for serving alcohol to a
minor, and adjacent business owner complaints, and the location on El
Paseo, staff believes that more restrictive conditions of approval are
necessary and would allow the business to operate successfully. Staff
would like to amend condition #4 to state that the hours of operation
should be from 11 am to midnight, Sunday through Thursday and 11 am
to 2 am, Friday and Saturday. Mr. Swartz also pointed out condition #5
which states that the applicant has to have a certified, licensed security
guard to provide extra protection during the hours of midnight to 2 am.
Condition #8 states that the occupancy level is for 44 people. The bar
acknowledges allowing up to 71 people. The building official reviewed the
plans presented to the City of Palm Desert and found that the correct
allowable occupancy count is 44. The applicant has been informed that
any nightly entertainment hosted at the bar must have an entertainment
site plan permit. The applicant also has been informed that only 12 people
12
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P' 11 i \ _ •IL II •\ L84M
•�_ i 1
are allowed on the outdoor patio at one time. Condition #6 requires that
the applicant is responsible for cleaning up all areas: planters, sidewalks,
and medians within 100 feet of the property to be free of trash, debris, and
broken glass within 30 minutes of closing each night. The applicant has
agreed to all of the aforementioned conditions except for the hours. Mr.
Swartz said that the applicant will speak to that shortly. Staff recommends
approval of this application.
Commissioner De Luna began by asking about the original conditions of
approval and if they would still be in effect. Mr. Swartz indicated that was
SO.
Commissioner Limont asked staff how the applicant was able to operate
without a CUP for over five years without anyone noticing. Mr. Swartz
indicated that when the applicant purchased Napa's Tapas, he was
unaware of the original CUP. Commissioner Limont asked about the 106
police calls and why that hadn't come up before staff as a revocation. Mr.
Swartz stated that it wasn't until a recent sting by the ABC Board, catching
the establishment serving alcohol to a minor, that triggered research by
staff and the Fire Marshal's office on the CUP held by the applicant.
Vice Chair De Luna declared the public hearing open and asked the
applicant(s) to come forward.
Ramon Vega, part-owner of Napa's Tapas, 73990 El Paseo #2, indicated
that he just took over the management of the establishment nearly two
weeks ago and wasn't aware of any of the prior incidents. He assured the
Commission that under his management, the 106 police calls would not
be happening again. He stated that the only item that he wanted the
Commission to consider was to leave the hours of operation untouched
whereby the bar could continue to close at 2 am, rather than midnight. Mr.
Vega stated that he currently has two security guards for Thursday and
Friday nights, since those are his busiest nights. He stated that it was his
understanding that the maximum occupancy was 71, not 44 as reported.
Commissioner Dash asked about the exit to the rear (parking lot) and
wondered where exactly it was, he couldn't locate it. Mr. Vega stated that
there is one on El Paseo and the other exit is at the rear of the hallway
that meets the parking lot at the back of the bar. Commissioner Dash
asked how a bar of that size could have so many things go wrong. He
assumed that since the bar was a 'local, neighborhood bar' then there
wouldn't be that many problems arising from this location, but the opposite
appeared to be the case. Commissioner Dash wanted to know what Mr.
Vega's role was in this establishment. Mr. Vega stated that he is taking
over the management of the bar for Guillermo (Mr. Avalos, the other
5
MINUTES
PALM DESERT PLANNING•► 11 •\ QCTOB-ER 18,2011
applicant). Commissioner Dash clarified that Mr. Vega is the manager but
not the owner. Mr. Vega stated that he is part-owner with Mr. Avalos, but
that he (Mr. Vega) will be sole manager. Commissioner Dash stated that
he was pleased to see that Mr. Vega had security there on the busy
nights.
Commissioner Tanner commented that he felt it was good that this matter
was being addressed and was happy that there was renewed interest in
making things right. He asked Mr. Vega about his experience running a
restaurant/bar like Napa's Tapas and if Mr. Vega had any experience
managing a bar that would meet the standards that El Paseo required. Mr.
Vega stated that he is the owner of a mechanic business and he has such
rapport with his customers that he felt that this would be another good
venture for him. Commissioner Tanner asked what kind of changes Mr.
Vega would make that would be able to reduce the 106 police calls. Mr.
Vega indicated that he would keep the building and its surroundings
spotless. He would also not permit hats, jerseys or baggy clothes to be
worn by the patrons in order to keep the gang element out. Commissioner
Tanner mentioned that with two security staff and a cap at five employees,
he wanted to know if that would be enough for Mr. Vega to properly run
the bar. Mr. Vega indicated that it would, since it is a small location.
Commissioner De Luna asked Mr. Vega if he had previous experience in
managing a bar before. Mr. Vega responded that he hadn't.
Mr. Guillermo Avalos, 73321 Santa Rosa Way, stated that many of the
phone calls to the police were made by him in order to have assistance
keeping the peace. Mr. Avalos stated that the officer told him that if he
ever had issues with unruly patrons to call them (the police) as that is why
they are there -to help. Awhile later, Mr. Avalos stated that a police
lieutenant approached him saying that the bar was having an unusually
high number of calls. Mr. Avalos stated that he calls the police when a
potential problem arises: a customer doesn't want to leave, or is angry for
not getting served or is just disorderly in general. He doesn't want to be
the one to use physical force against the patron, so he calls the police. He
asked for further advice as to what he could do to keep the calls to a
minimum. The response was to start a dress code (which he did). He
stated he noticed more police patrolling the entrance and exit to the bar
one night: the police reported that they received a complaint regarding
occupancy and loitering late after hours. Mr. Avalos researched and found
out that a neighbor lives above a store nearby, which may be the source
of some of the noise complaints.
Commissioner Tanner asked Mr. Avalos if he is the owner of Guillermo's
Restaurant. Mr. Avalos said that was correct. Commissioner Tanner
A
MINUTES
PALM DESERT PL' 1NING COMMISSION OCTOBMJ
asked Mr. Avalos to compare the number of times he had to call the police
for Guillermo's location and the number for Napa's Tapas location. Mr.
Avalos stated that he only had to call the police once at the restaurant.
Commissioner Tanner asked why the discrepancy and if he thought it was
due to a younger crowd. Mr. Avalos posited that the difference was the
restaurant was a family space and larger, whereas a bar is a bar and is 21
and over —not a family space. Mr. Avalos indicated that there were a total
of 106 calls over five years, then that only equates to about 20 calls per
year and that isn't that many in the `big picture' point of view.
Commissioner Tanner wanted to reiterate that the Planning Commission
is here to help a business operate correctly under their CUP. Mr. Avalos
said that he understood and he would ask that the Commission look at
how many police calls were reported in the last eight months as he didn't
think that there were many. Ms. Aylaian stated that the police memo that
was given to the Planning Department only contains information about
what reports were filed, but this memo was already 45 days old, so the
information presented at this meeting wasn't the most current.
Mr. Avalos stated that he believes that within that time, there has only
been a few calls.
Commissioner Limont asked Mr. Avalos if he read the terms and
conditions of his CUP when he purchased his business in 2006. He stated
that he did. Commissioner Limont queried as to what he thought he was
buying. He indicated that he believed he was buying a restaurant/bar. She
stated that the CUP was very specific as to what type of operation it could
and couldn't be, with hours of operation listed clearly (she read off some
of the original CUP requirements).
Mr. Avalos stated that when he bought the business he approached the
city with his parameters and was told that his request would be approved
at the time. Ms. Aylaian stated that the present planning staff were not in
the department at the time the original CUP was issued, so she could not
verify Mr. Avalos' statement. She state that when a problem arose with
the current CUP, Mr. Avalos did come forward and ask for guidance about
what to do. There were no previous complaints registered with the city, so
no problem appeared to have existed at the time Mr. Avalos came
forward, without realizing that he was operating outside of the realm of the
original CUP. Giving the benefit of the doubt, planning staff recommended
that Mr. Avalos come forward and apply for a revision to his CUP and in
the mean time that he should operate within the guidelines of the original
CUP. Ms. Aylaian stated that Mr. Avalos was granted permission by the
City Council to sell full liquor and he provided the correct paperwork
showing that permission. She did impress upon Mr. Avalos that if he still
wanted to have live entertainment and outdoor seating and such, then he
7
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PALM DESERT PLANNING • 11 •\ OCTOBER 18,2011
would have to file the necessary paperwork for an amendment to the
original CUP, as he has done.
Commissioner Limont asked Ms. Aylaian what the agreement was
regarding the hours of operation. Ms. Aylaian stated that Mr. Avalos was
advised to operate within the terms of the original CUP. The city recently
did request a patrol of the premises to verify hours of operation, and the
police reported that the establishment was open past midnight and that
there were far greater than 30 people there.
Mr. Avalos said that he talked with his neighbor awhile back and was told
that he couldn't be a full restaurant and that he needed to go before the
city. Commissioner Tanner asked what he thought he was purchasing, did
he think he was buying a full -liquor license? Mr. Avalos stated that he paid
nearly $210,000 and fully expected to have a full -liquor license for that
price. He believed that he was buying what was already there, time, liquor
license and everything.
Commissioner De Luna asked Mr. Avalos if he had a business license at
Guillermo's and if that was true, then how did he, a business owner, not
know if he did or did not have the proper licensing for Napa's Tapas. Mr.
Avalos stated that he let the manager of Napa's take care of everything
(fees, licensure, etc). When he found out that they hadn't complied, then
he decided to oversee that aspect of Napa's as well. Commissioner De
Luna asked him about trash removal at Napa's Tapas. Mr. Avalos stated
that, although Code Compliance Division issued a warning about trash
blocking the rear exit, his staff goes around and checks the area for a few
doors and cleans up. Commissioner De Luna asked Mr. Avalos about
occupancy and why Napa's Tapas is continually over the limit. Mr. Avalos
stated that the occupancy is too low and he would go out of business if
the occupancy maximum were so small. He stated that he understood that
he was allowed to have 71 people there. Mr. Avalos claims he was told
that if both exits were opened, then the space could hold up to 115
people. So he stated that he keeps the doors open.
Commissioner De Luna asked about the ABC complaint and what he
would do in the future to prevent this from happening again. Mr. Avalos
stated that the incident occurred during the day, when a regular patron
stopped in for a drink with his son. The bartender told the patron that he
couldn't have his son there. The patron claimed his son was of age and
when asked for proof of ID, the patron said he forgot it at home. Since
they were friends, the bartender took the patron at his word. When ABC
made their bust, Mr. Avalos stated that not only was the bartender
reprimanded and later fired, but he learned a lesson about trust and doing
his job first. So Mr. Avalos stated that on slow nights, they check IDs at
MINUTES
_11 DESERT PLANNING• Ill •\ • •= i 1
the door, but on busier nights the wait staff checks IDs at time of service.
He stated it was a one-time offense and other bars probably have more
incidents.
Vice Chair De Luna asked for any testimony in favor of or in opposition to
the application. She stated she received a card from Lisa Dempton, 73956
El Paseo, who wished to speak.
Ms. Dempton stated she is the building owner of the address listed above.
She brought in two letters from other neighboring businesses. They were
accepted by Mr. Becker, copies made and distributed to the
Commissioners and to Mr. Avalos. In the mean time, Ms. Dempton spoke
saying that there were a few negative incidents where the sculpture in the
center median of El Paseo was damaged and another incident where an
automobile was hit by an intoxicated driver coming from that bar.
Mr. Steve Brooker, Fire Marshal for the City of Palm Desert offered to
answer any questions regarding any issues. Vice Chair De Luna asked if
Mr. Brooker could shed further light on the incident in question where the
back exit was locked. Mr. Brooker stated that his department did observe
the back door being locked, but no citation was issued as Mr. Avalos was
able to unlock the door immediately. Commissioner De Luna asked about
reports of vomit and wanted to know if the Fire Marshal's office handled
those complaints. Mr. Brooker said it did not.
Vice Chair De Luna asked for any other testimony. Ms. Dempton came
forward again to summarize the letters. She stated that [in sum] the
writers of the letters and the patrons to their businesses received slurs
and threats to them as they walked by. The other letter talked of vomit and
trash in the plants of a property.
[Copies of the letters were passed out to the applicant and the
Commissioners, and put up on over -head projection]
Commissioner Limont asked about where alcoholic beverages were
allowed to be consumed. Mr. Hargreaves stated that the empty bottles
could be beyond the premises, but no consumption of their contents could
take place.
Vice Chair De Luna asked Mr. Avalos if he wanted to comment on
anything in the letters he just received.
Mr. Avalos approached the podium again and stated that he talked to one
of the letter writers and asked that writer to let him know if there were any
concerns that he needed to address. He now knows that there was vomit
MINUTES
PALM DESERT PLANNINGCOMMISSION OCTOBER1
in the plants and doesn't know how he missed that and he's happy to
clean up the area after closing to make sure that the area is clean of cans
and bottles (even though the bar doesn't sell cans or energy drinks). Mr.
Avalos believes that he has done everything above board and that he has
been honest with his neighbors and feels like one of them calls
excessively because they live above their store. Apart from that, he feels
like he has done everything correctly.
Commissioner Dash asked why Thursday nights were special. Mr. Avalos
stated that his clientele came to Napa's for karaoke or a special night
because over at the Guadalajara Cafe, there was a special on Friday
nights, so the clientele migrated wherever the specials were.
Vice Chair De Luna declared the public hearing closed and asked for
commissioner comments.
Commissioner Limont stated that she wanted to state that the Planning
Commission's duty is to help businesses thrive in Palm Desert. But they
also must protect El Paseo to keep it high -end. She stated that this
location is trying to fill two different 'requests': one for a crowd that wants
to dance and sing and enjoy their nightlife, and the other crowd wants to
leisurely stroll El Paseo and have it be a nice, easy-going experience. She
felt that these two 'wants' were conflicting and she would agree with staff
that tighter restrictions are required to keep El Paseo the `leisurely street'
that it seems to be. She's not trying to point fingers and wants the past to
be the past. She understands that Mr. Avalos indicated that he can't
function under a certain threshold, but she will still agree that the lower
occupancy is necessary.
Commissioner Tanner concurred with Commissioner Limont and said that
he fully understands that the bar clientele is of the 25-45 year old range
and their `night life' doesn't usually get started until after midnight,
however, he feels that it is important to keep the time to midnight. Given
what has happened over the last ten years, Commissioner Tanner feels
that it is important to let the city of Palm Desert and the bar's neighbors
judge the bar under a new light and under new regulations.
Commissioner De Luna stated that she fully concurred with her fellow
commissioners and admonished the applicant for going four years without
a license and for allowing a minor to be served and for locking fire doors
when the applicant himself is a business owner and should already know
how to run a business. She said that she knows the economy is difficult
these days and everything should be done to help businesses, but within
the confines of good sense and working within the system.
10
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''..11 DESERT PLANNINGCOMMISSION OCTOBE1
Commissioner Dash stated that he concurs with everything that has been
stated tonight and suggested that the applicant work under the new
conditions and try to make it work and if things need adjusting in the
future, then to come back at a later date and take a fresh look at the
conditions.
Commissioners De Luna and Limont asked questions of staff about
conditions 4 and 5 regarding hours of operation and security. Mr. Swartz
put the conditions back on -screen for viewing. Commissioner Limont
asked if condition 8 would remain at 44 people for maximum occupancy.
Mr. Swartz said yes. Commissioner Limont asked that staff be very
prompt in. reviewing any further incidents with any business, not just this
one, so the calls to the police and the violations don't get out of hand.
Ms, Aylaian stated that staff will ask that Code Officers patrol there more
regularly. She wanted to point out, as Mr. Avalos stated previously, that
the City and the police really do want people to call the police if there is a
problem or a potential problem and don't want to discourage that practice.
Compared to other bars in the city, Napa's Tapas isn't that far out of the
'norm' for service calls.
Commissioner Tanner wanted to clarify that conditions number 7 & 8
which allow for 44 people and an addition 12 on the patio for a total of 56
if he reads that correctly. He heard that the Fire Marshal said something
about 71 or 150 or are we setting this up to failure. Mr. Swartz stated that
the original calculation for 71 was done incorrectly. The director of the
Building and Safety department performed the new calculation and, based
on the plans presented to staff and the official, the correct calculation
would be 44 inside and the 12 for the patio (total of 56).
Commissioner De Luna wanted to congratulate staff on a well done and
difficult job collecting the data. She wanted to clarify that the conditions to
be amended would be 4, 5 and 10 where the hours of operation would
change. Mr. Swartz said that was correct.
Commissioner Limont moved for approval, and Commissioner Tanner
quickly asked for clarification on the number of security guards. Mr.
Swartz stated that the applicant said they had two, but were only required
to have one. Mr. Swartz stated that the applicant mentioned earlier that
having a total of five employees would be fine, whether they had one
security guard or two.
Commissioner Limont stated that as an option, they could start out having
one security guard and if they felt they needed more than they could have
another one. Mr. Bagato stated that it would better to allow the restaurant
11
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PALM DESERT PLANNINGCOMMISSION OCTOBER. 1.8, 2011
to have five employees for the restaurant and to have additional security
guards as needed.
Action: Commissioner Limont moved and Commissioner Tanner seconded approving
amendment #1 to CUP 96-20 / HTE CUP 11-297 subject to conditions as
amended. Motion carried 4-0-1-0 (Commissioner Campbell ABSENT)
Commissioner Limont moved and Commissioner Tanner seconded adopting
Planning Commission Resolution No. 2570 approving amendment #1 to CUP 96-
20 / HTE CUP 11-297, subject to conditions as amended. Motion carried 4-0-1-0
(Commissioner Campbell ABSENT).
C. Case No. CUP 11-340, Short-term rental, M. Connor Limont,
Applicant.
Consideration of a conditional use permit to operate a short-term vacation
rental located at 72-720 Bel Air Road.
Commissioner Campbell rejoined the Commissioners and Commissioner
Limont recused herself from this vote as she is the applicant in question.
Mr. Swartz orally presented his staff report and PowerPoint presentation.
He talked about the location, its zone and the area around it. He showed
on -screen photos and renderings of the property in question. The home
has three -bedrooms, which would allow for no more than six overnight
guests and an additional three guests during the day time. Mr. Swartz said
that there is a two -car garage and a large driveway that would permit a
total of four cars to be parked on the premises.
Mr. Swartz said that a neighbor did come to the counter asking about the
application, but stated that she would talk to the applicant personally. Staff
has not received any other complaints or information in favor of or in
opposition to this application. Mr. Swartz offered to answer any questions.
Commissioner De Luna wanted to call attention to a typo on page three of
the staff report, where it said, "...there have been complaints from
neighbors..." she wanted to clarify that it was supposed to say "...there
have NOT been complaints from neighbors..." Mr. Swartz stated that was
correct.
Chair Campbell declared the public hearing open and asked the applicant
to come forward.
Ms. M. Connor Limont of 72720 Bel Air, addressed the commission
stating that she applied for a short-term rental to build in flexibility to rent
12
1
11
73-5 10 FRED WkRING DRIVE
RUN[ DFSHir, CALIFORNIA qa ,6o—z57y
TEL: 760 346—o61I
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June 22, 2011 ()`1
Hand Delivered
Mr. Guillermo D. Avalos, Business Owner
Mr. Ramon Vega, Business Owner
73443 Guadalupe Avenue
Palm Desert, CA 92260
Subject: Napas Tapas, 73-900 El Paseo, # 2, Palm Desert, CA,
Code Case no: 11-2585
Dear Mr. Avalos and Mr. Vega:
It has been brought to the attention of the Code Enforcement Division, that there are
several outstanding violations of the Palm Desert Municipal Code at your place of
business. The purpose of this letter is to inform you of the violations and of the
corrective action that is required to cure the violations.
In July of 1996, the Planning Commission approved Conditional Use Permit (CUP) 96-
20, allowing the operation of a 1,575 square foot European style wine bar. The following
are the condition of approval for CUP 96-20.
• Allowed to only serve wine, draft beer, espresso, alcohol free beverages and
finger foods.
• Maximum seating of 30.
• No outside entertainment permitted.
• Hours of operation shall be limited to: In season hours, 11:00 a.m. until midnight,
and seven days a week. During summer hours, 11:00 a.m. until midnight daily.
Closed Monday's and Tuesday's.
Additionally, your City business license has been expired for the past four years. You
are also required to obtain an entertainment permit from the Planning Department prior
to commencing with any type of entertainment on the premises.
The City of Palm Desert is requesting that you immediately renew your City business
license, comply with the conditions of approval for CUP 96-20, and obtain an
entertainment permit from the Planning Department.
Mr. Guillermo D. Avalos, Business Owner
Mr. Ramon Vega, Business Owner
Subject: Napas Tapas, 73-900 El Paseo, #2, Palm Desert, CA
June 22 2011
Thank you in advance for your cooperation
reached at (760) 346-0611, ext. 442.
Respectfully,
, dhnny Terfehr
Code Compliance Officer
If you have any questions, I can be
Attachments: Copy of Conditional Use Permit 96-20
cc: Palm Desert Police Department
Department of Alcoholic Beverage Control
Riverside County Fire Marshal
Palm Desert Planning Department
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1'0: City of Palm Desert Planning C'onullission DATE: JuIv 20, 2011
FROM: I ACuRe,,ant Andrew Shotlse
stimiE c7r: Gt illcrnlo*s Napa's Tapas 73-900 Id Pasco Drive Suite 2. Palnl Desert
SUMMARY
Ili response to the concerts that (;IrrllerJllo'., ;\4rpa's 7rrllcr.� will reeltdre increased public
sal'uty resources as a Dart of its routine operation: the Pulm f)cscrt Police 1111sincss
District team conducted a comprehensive assessment of (;rtille;-nw .v .1'crl1er'.c7ul�us and
A impact on ht%v cilforcetllcnt resources.
(;rrillerJJw'.V Ttgw.y is a restaurant and bar currently located at 73-900 I] Pasco
Drive Suite: 2, hetwcen San Luis Rcy Avenue and Portola ;lvetluc. C;rrilleraro'.v .\(Ij)tj'x
7(ln s is currently licensed as an On -Sale: General Public Premises liquor establishnu:nt
by the California Department of Alcoholic Beverage Contrtll. ��ccordin�; to the Calitinnia
Department of Alcoholic nevemge control, !)avid Anthony Avalos is the primary owner
of Gilillel•Jllo's• Ytgw's Illt)(t • and is a licensee of On -Sale General Public Prettlises
License 4446880. Ramon Vega Jr. is also listed as a licensee of On -Sale General Public
Premises I_.icense ,446880. Since January 2006, Gi lletvno'.4 Nopct's T(Aws has lice,, the
location of fretlucnt police and law enforcement activity.
LAW E NFO12('E?.,N1ENT :kc-riyiry
Sines January 2006, The Palnt Desert Police Department has responded to one hundred
and twit ( 102) calls for service at, or directly related to. GWIlerJuu '.c Xtilw's T ijws. The
business. (;flillel-nio's Ncrpu'S Teepees, has been the scene of several criminal incidents. to
include: ,rand theft, bttr_.tlary, vandalism. public disturbanCe>. indecent exposure, public
intoxication, driving under the influence. service; of alcohol to minors, hattcry. arson.
C6111inal threats and assaults with deadly weapons. An assessment of police cull Kw
service at (;rrillerJJlo j :Vynt 1v 'l alms %us prepared by the Pahll Desert Police Central
C'rimc S-, Intelligence Analysis Unit is attached and itworpomted herein.
Since .la,,uary 1006, (.;Irillernlo's X(q,u'.V lil/)fl . has been the scene of ten ( 10) incidents
of public intoxication and/or driving; tinder the influence, one ( I ) incident of sere in"'
alcohol to a tllirlor, one ( I ) indecent of indecent exposure, one ( I ) incident of arson. ten
( I M incidents of battery, one ( l ) incident of CrinlWI threats and We (3) incident, of
assault; «ith deaeily weapotls. I he ,,lost serious of these Crimes hay e been ducunlented in
the police reports listed below and are attached and incorporated herein.
Page I W
LAW ENFORCEMENT ACTIVITY CONTINUED
#T06 071 091, March 12, 2006- Grand Theft
OT06 335 005, December 1, 2006- Assault with a Deadly Weapon
#T06 336 011, December 2, 2006- Public Intoxication
#T07 013 016, January 13, 2007- Assault with a Deadly Weapon
#T07 327 136, November 26, 2007- Driving Under the Influence
#T08 043 014, February 2, 2008- Vehicle Burglary
9T08 192 040, July 10, 2008- Arson
9T08 270 008, September 26, 2008- Vandalism
#T08 269 077, September 26, 2008- Assault with a Deadly Weapon
#T09 058 108, February 27, 2009- Indecent Exposure
#T09 213 0004, August 1, 2009- Criminal Threats and Resisting Peace Officer
#T09 234 0083, August 21, 2009- Battery
4T09 296 0017, October 23, 2009- Public Intoxication
#T10 045 0012, February 14, 2010- Driving Under the Influence
#TIO 169 0006, June 18, 2010- Public Intoxication
#T10 246 0004, September 3, 2010- Battery
#T10 259 0003, September 16, 2010- Public Intoxication
#T10 306 0070, November 1, 2010- Stolen Vehicle
#T 110910007, April 1, 2011- Battery
#T11 126 0006, May 6, 2011- Battery
#T11 146 0099, May 26, 2011- Battery
#ABC 10-08-005, February 17, 2010- Furnishing Alcoholic Beverage to Minor
On February 17, 2010 investigators with the California Department of Alcoholic
Beverage Control observed a minor purchasing and consuming alcoholic beverages at
Guillermo's Napa's Tapas. California Department of Alcoholic Beverage Control
investigators arrested the bartender of Guillermo's Napa's Tapas for being in violation of
Business and Professions Code section 25658(a) -Furnishing an Alcoholic Beverage to a
Minor. Subsequently, Guillermo's Napa's Tapas' On -Sale General Public Premises
liquor establishment license #446880 was suspended effective June 22, 2011 through July
06, 2011. Copies of California Department of Alcoholic Beverage Control report #10-08-
005, Order of Suspension, and Rule 108 Notice of Suspension are attached and
incorporated herein.
Page 2 of 3
RECOMMENDATIONS
In the event the City of Palm Desert issues Guillermo's Napa'ss Tapas a Conditional Use
Permit as an On -Sale General Public Premises liquor establishment, the Palm Desert
Police Department makes the following recommendations.
-The Conditional Use Permit would so stipulate:
1. Guillermo's Napa's Tapas shall be operated within all applicable Business
and Professions Code sections, Palm Desert Municipal Code sections and all
applicable State laws.
2. Guillermo s Napa's Tapas shall be operated strictly within the occupancy
load as stipulated by the Conditional Use Permit.
3. Guillermo's Napa's Tapas shall be operated strictly within the hours of
operation as stipulated by the Conditional Use Permit.
4. Guillermo's Napa's Tapas shall be operated in accordance with all applicable
Business and Professional Code sections pertaining to the furnishing of
alcoholic beverages to minors and the over sale of alcoholic beverages to
patrons.
5. The ownership, management and employees of Guillermo's Napa's Tapas
shall fully cooperate with the City of Palm Desert Code Compliance Office,
Building and Safety Office, Police Department and Fire Department in all
maters pertaining to public safety upon the premises.
6. The ownership, management and employees of Guillermo's Napa's Tapas
shall fully cooperate and consent to entry unto the business premises by the
City of Palm Desert Code Compliance Office, Building and Safety Office,
Police Department and Fire Department for the purposes stipulated in Palm
Desert Municipal Code section 05.04.270 and Business and Professions Code
section 25755(b).
Page 3 of 3
MEMO'S NAPAS BAR STATEMENT OF USE
Napas hours of operation: 11:00 AM TO 2:00 AM 7 nights at week
To operate with 5 employees (mostly family)
To serve alcoholic beverages (means hard liquor, from tequila to tuaca), wine, beer, draft
beer and any type of beverages, like sodas, bottle water, ice tea, cappuccino,
expresso etc.
Play music, karaoke, d j. Music, jukebox music, radio music etc
Serve food, to cater to all customers (kids and adults) see attached menu
MEMOS TORTAS 7.00
MOST FAMOUS MEXICAN SANDWICH
CHIPOTLE SOUR CREAM TOMATOES
AVOCADO AND JALAPENIOS
CHICKEN CARNE ASADA CARNITAS OR PANELA CHEESE
CLASSIC CAESAR SALAD 6.95
CRISP HEARTS OF ROMAINE TOSSED WITH
PARMESAN CHEESE AND OUR TASTY CAESAR DRESSING
WITH CHICKEN 8.95
ORIGINAL GREEK SALAD 8.95
MIXED GREENS, RIPE TOMATOES,
KALAMATA OLIVES AND FETA CHEESE,
TOSSED IN OUR OWN
ZESTY GREEK DRESSING
TUNA SALAD 8.95
MIXED GREENS TOPPED WITH OUR
ALBACORE TUNA SALAD
TRADITIONAL HOUSE SALAD 5.95
MIXED GREENS. TOMATOES & CUCUMBER WITH
ITALIAN DRESSING
FRENCH DIP 7.95
HOT ROAD BEEF WITH AU
SERVED ON A FRENCH ROLL
ALL BEEF HOT DOG 4.95
WRAPPED WITH BACON CHEESE.95
BLT 57.9
CRISP BACON, LETTUCE, TOMATOES ON TOASTED
SOURDOUGH BREAD
TUNA MELT 7.95
ALBACORE TUNA SALAD WITH MELTED SWISS CHEESE
SERVED ON TOASTED SOURDOUGH BREAD
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^
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'tUL LUIO
(Page 17 of 42)
V
WHEREAS, the Planning Commission of
California, did on the 16th day of July,
public hearing to consider the request of
the above; and
PLANNING COMMISSION RESOLUTION NO. 1754
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW OPERATION OF A
EUROPEAN STYLE WINE BAR Wl" DRAFT BEER, ESPRESSO,
ALCOHOL FREE BEVERAGES AND FINGER FOODS AT 73-900
EL PASEO IN THE C-1 S.P. 9IIAE.
CASE NO. CUP 96-20
the City of Palm Desert,
1996, hold a duly rnotced
ERIC RRUDEL for approval
of
rements of
WHEREAS, said Bert Procedure for Implementation of tn has complied with the heCalifornia
the City of Palm Desert Proc
Environmental Quality Act, Resolution No. 80-69," 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 considerrining gall
testimony and arguments, if any, of all interested persons
to
be heard, said -planning commission did find
of s o lcondiowing tional use
facts and
reasons to �cist to justify granting
permit:
kin
1. The mix of uses in the area
proposed European style wine bar
supplies are such that �eshorta a in the area.
will not create a parking g
2. The proposed location
oof the conditional
with the objects .he zoningordinance and the purpose
of the district in which the site is located.
3. 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.
4. The proposed conditional use will comply with each of the
applicable provisions of this' title, except for approved
variapces or adjustments.
5.
The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted general plan.
NOW, THEREFORE,
City of Palm Dessert,
That the
theevfindingsrecitations
Of the commission inand
thiscorrect
case. and
constitute g
I.
BE IT RESOLVED by the Planning Commission of the
California, as follows:
(Page 18 of 42)
PLANNING COMMISSION RESOLUTION NO. 1754
c'•
2, That approval of Conditional Use Permit 96-20 is hereby
granted for reasons subject to the attached conditions. y
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 16th day of July, 1996, by the
following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Qair�PAUL R. BEATY, erson
ATTEST:
PHILIP DRE16L, Secretary
Palm Desert Plane'fng'Commission
F
(Page 19 of 42)
s
o pL,ANNING COMMISSION RAOLUTION ' NO. 1754
CONDITIONS OF APPROVAL
CASE N0. CUP 96-20
Department of Community Developmertjgja ni
Applicant shall comply with all state, county and city regulations
1' concerning the proposed use.
applicant shall obtain all necessary architectural review
2. The and safety permits required
commission siCa emodifi modifications artment of building
the site.
for any physical
3. The European style wine bar shall be limited to a maximum of 30
seats.
eration shall be limited to the following: In season
4. Hours of op days a week; during summer 11:00
11:00 a.m. until midnight went Monday and Tuesday.
a.m. until,.midnight daily escep
5. No outsile entertainment pe=i.tted.
3