The planned Rock'n Avenue Bar at 73-730 El Paseo received a crucial vote to move forward Tuesday evening.
Attendees cheered and the applicant and commissioners shook hands as the Palm Desert Planning Commission voted 4-0 Tuesday to approve Patrick Masur's new Rock'n Avenue Bar at 73-730 El Paseo.
After a six-week recess, the commission approved the project with 53 conditions of approval attached. Architect Geoff Gregory, speaking on behalf of the applicant, said the project team "did our best to incorporate feedback from the previous planning commission meeting and ensure that we're accommodating all the requests" from the community. Gregory also serves on the city's Architectural Review Commission, which will later review a new sign for the bar.
Commissioners offered differing rationales for their votes. Vice Chair John Greenwood said, "I think the applicant, obviously, is going to do everything within his power to operate the most successful business that he can. The market dictates things, right?" Commissioner Joshua Nickerson took a more cautious view: "The way I hear that, though, is that the business owner is going to do whatever it takes to stay in business, and that's why we put these conditions in place."
Updates to the bar since the March 17 meeting include a 2 a.m. closing time and a ban on loud bass music until 9 p.m., when nearby stores close. A previously proposed dance floor was removed, and the new design includes sound-deafening walls and curtains to be tested by a licensed acoustic engineer before the bar opens.
City staff said Masur submitted an online petition with 107 supporting signatures before the hearing. A Change.org petition found online currently has more than 700 supporting signatures. A hand-signed petition opposing the bar with 72 signatures was also submitted to the commission.
The 53 conditions of approval were drawn from multiple city departments, including fire, environmental health, planning and code enforcement. Condition 33 requires Masur to provide status updates at six, 12 and 24 months after opening.
"It's got to be more than the city and the code compliance taking care of the issues here. It starts with the business owner."
Among the conditions, the owner must maintain a service agreement with a hazardous materials cleanup company "capable of responding within two (2) hours of request for the sanitary removal of any human waste or bodily fluids occurring on the premises" and within 100 feet of both entrances.
A smoking area in the parking lot is also included in the plan — something that concerned Sheri Pieratoni, who operates a nearby restaurant.
"It's a family restaurant, kids, older people, wheelchairs," she said. "To have people smoking back there. I hope you don't allow that." The commission referred the final location of the smoking area to city staff.
Commissioner John Collum questioned Masur on the proposed dress code, which had been added since the last meeting but was not elaborated on in commission materials. Collum said the code appeared to be "an aspect of this that makes a difference" to the public based on comments the commission received.
Masur described the dress code as "upper scale casual," disallowing flip flops, hats on backwards, ripped jeans and logo T-shirts. Asked by Collum whether that was the full extent of it, Masur replied, "Yeah, pretty much, yeah."
Vice Chair Greenwood also raised concern that the bar would serve alcohol without offering food, and directed staff to pursue food delivery options with the owners as part of the six-month check-in.
"These are adults, right? And they're responsible for their own decisions. But, you know, without having any food to balance it could lead to potential issues," he said.
Despite lingering questions, the commission moved forward. Greenwood motioned for approval.
"It's got to be more than the city and the code compliance taking care of the issues here," said Commissioner Collum. "It starts with the business owner."