Loading...
HomeMy WebLinkAboutAppeal CUP 93-7 Amend 2 Kacoons Oasis Resolution No. 00-120 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an appeal by Kacoon's Oasis to a decision of the Planning Commission denying a request for electric or amplified instruments in the restaurant patio and amending the CUP to prohibit all entertainment/music on the patio at 73-405 El Paseo, Suite 32A. III. APPELLANT: Kacoon's Oasis 73-405 El Paseo, #32A Palm Desert, CA 92260 IV. CASE NO: CUP 93-7 Amendment #2 V. DATE: September 28, 2000 VI. CONTENTS: A. Staff Recommendation B. Discussion C. Draft Resolution No. 00-120 D. Planning Commission Minutes of August 15, 2000 E. Planning Commission Resolution No. 2010 F. Planning Commission Staff Report of August 15, 2000 G. Related Correspondence A. STAFF RECOMMENDATION: That the City Council adopt Resolution No. 00-120 deny the appeal and affirm the action of the Planning Commission. B. DISCUSSION: 1. BACKGROUND: The subject restaurant has operated under various owners since 1993. 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. (Wp\sr\cup93-7#.cc) Resolution No. 00-120 CITY COUNCIL STAFF REPORT CASE NO. ZOA 00-09 SEPTEMBER 28, 2000 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 opposition to the request. In December 1999 Commission considered a request by the current operators to extend the business hours and allow amplified music. At that time Commission approved extended hours but rejected amplified music. Non- amplified music is permitted from 5:00 p.m. until 9:00 p.m. 2. CURRENT PROPOSAL: Over the past few months the Sheriff's Department had received noise complaints concerning amplified music on the patio at this restaurant. Planning staff made contact with the applicant via telephone and in writing reminding them that the CUP does not permit amplified music/entertainment. June 30, 2000 the applicant filed this request for the use of electric or amplified instruments on the patio. 3. PLANNING COMMISSION ACTION: August 15, 2000 the Planning Commission considered the current request and on a 3-0 vote denied the requested amendment to permit amplified music and amended the existing permit to prohibit all entertainment/music on the patio. Commission expressed concern that the applicant had routinely used amplified music on the patio over the past eight months notwithstanding that the commission had turned down a similar request in December 1999. The applicant filed this timely appeal. (Wp\sr\cup93-7p.cc) 2 Resolution No. 00-120 CITY COUNCIL STAFF REPORT CASE NO. ZOA 00-09 SEPTEMBER 28, 2000 4. ANALYSIS: The applicant in her letter dated June 30, 2000 noted that "there have been no legitimate complaints from our residential neighbors. However, we have been constantly harassed by the Palm Desert Police Department due to complaints from a woman named Carol who owns Sweet William, a retail store next to us. Our musicians begin playing at either 6:00 or 7:00 p.m., after Carol's store is closed for the day. Furthermore, Carol's store is closed for the entire summer season, yet the police still receive regular calls from her." 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 residential dwellings to the south/southwest and concern expressed by nearby tenants in the center to the previous request and this request. In the 1999 request, staff supported non-amplified music in the patio from 11 :00 a.m. until 9:00 p.m. (Commission approved 5:00 p.m. until 9:00 p.m.). As noted in the Sheriff's Department memo of May 9, 2000, "she defines amplified music differently than the city does." In recommending expansion of the hours for patio entertainment in 1999 staff and Planning Commission were extremely careful not to permit amplified music. We expected cooperation and compliance. We have not received either. Over the past two years the applicant and previous operator have routinely violated the condition limiting entertainment to non-amplified music and entertainment. Staff therefore recommended that the CUP amendment as requested by the applicant be denied and that the CUP be amended to eliminate any outdoor entertainment on the patio. As is typical with conditions on a conditional use permit, failure to comply can lead to revocation of the restaurant permit following a hearing before the Planning Commission. Pursuant to the ordinance, we notified property owners within 300 feet of this application as well as the businesses in the center. We received several written objections and the applicant provided letters of support (copies enclosed). The property owner's representative advises that they do not have a position on this matter at this time. Their comments from November 1999 are enclosed where they recommended low volume amplified music be permitted on the patio from 11 :00 a.m. to 3:00 p.m. and 4:30 p.m. to 9:00 p.m. September 15, 2000 we received a letter from Ms. Fullman requesting that this matter be scheduled for September 28, 2000. Staff had already agreed to that request. (Wp\sr\cup93-7#.cc) 3 Resolution No. 00-120 CITY COUNCIL STAFF REPORT CASE NO. ZOA 00-09 SEPTEMBER 28, 2000 Ms. Fullman also requested that the city undertake noise studies in that she understands that "I am entitled to music up to 65 decibels". At the time of the original approval of "non-amplified" music (guitar) in 1996 several nearby businesses expressed concern with patio entertainment impacting on their customers who must walk past the patio. The experience of these business owners over the past four (4) years is that anything beyond a "non- amplified" guitar was excessive. The past use of amplified music by the appellant was unacceptable to the nearby businesses and resulted from violations of the existing conditions of approval. If the City Council wishes to preserve some form of patio entertainment, a detailed acoustical study should be performed to determine acceptable levels of noise volumes. Prepared by: Reviewed and Approved: Steve Smith Philip Drell Planning Manager Director of Community Development Review And Concur: Review And Concur: Richard J. Folkers Carlos L. Ortega Assistant City Manager of Development City Manager/RDA Executive Director Services /tm CITY COUNCIL }1CTION: APPROVED V DENIED RECEIVED OTHER MEETING DATE "� ax_oo AYES: 1"-1P Al A NL o .A Lj NOES: ABSENT: f � ABSTAIN: AA-AV Q- Q) VERIFIED BY: Original on File with City ql .r1Os Office (Wp\sr\cup93-7#.cc) 4 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 C. Case No. CUP 93-7 Amendment #2 - KACOON'S OASIS, Applicant Request for approval of amendment to the existing conditional use permit to permit the use of electric or amplified instruments in the restaurant patio. Mr. Smith noted that recently received correspondence was distributed to the commission. One was from the El Paseo Village Homeowners Association, from Desert Tennis Boutique, from Gifts from the Heart, from The Feathered Nest, from Leslie and Jeanette Aikman, and from Johnnie Anderson, Phillip LaRocca and J.C. Delucca. Mr. Smith explained that there was a similar request before the commission in December of 1999. The use of this site for a restaurant dated back to 1993 when they initially approved a conditional use permit for The Sandwich Board. In the December 1999 request, they had two issues. One was lengthening the business hours and the second was to have amplified music at a designated low volume. Commission at that time approved the extended business hours but did not approve the request for amplified music. They did extend by one hour the permitted hours for entertainment. Over the past few months the Sheriff's Department had received noise complaints concerning amplified music. There were several reports from Sgt. Alcorn in the commission packets. Staff had conversation with the applicant urging that she comply with the non-amplified music condition. June 30 the applicant filed this request for electric or amplified instruments on the patio. The commission had a letter from the applicant in their packets where she indicated that there had been no legitimate complaints from residential neighbors and they were being constantly harassed by the police department. Due to the property's proximity to residential development to the west, staff could not support amplified music of any type. The commission received a letter from the El Paseo Homeowners Association confirming that they would prefer not to have amplified music. The record indicated that over the past two years the applicant has routinely violated the condition limiting entertainment to non-amplified music. In addition to not recommending approval of amplified music, staff was also recommending that the commission rescind the approval that allowed outdoor entertainment. Staff felt that if the applicant couldn't live within the conditions, then that was the ultimate choice they decided to take on. Mr. Smith indicated that he talked with representatives of the property owner and they advised that they had not taken a position on this actual request. They did take a position on the December 1999 request and a copy of that was provided. In conclusion, staff's recommendation was that they not approve the request to go to 22 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 amplified entertainment and that the commission amend the conditional use to prohibit all entertainment/music on the patio. Commissioner Campbell asked if Mr. Smith found out what the applicant was allowed as far as musical instruments was concerned, such as a guitar and not a saxophone or trumpet or if there was anything like that in the minutes at that time. Mr. Smith stated that the condition related to just non-amplified music. Commissioner Campbell asked if that included a saxophone. Mr. Smith said that a saxophone was not mentioned either way. Chairperson Beaty opened the public hearing and asked the applicant to address the commission. MS. GINA FULLMAN, the owner of Kacoon's Oasis at the corner of El Paseo and Lupine, stated that staff referred to things that have happened over the past two years, but she has only owned the business less than one year. Some of that might not apply. She stated that music was vital to their operation and it helped to create the very special atmosphere that their patio offered. It also drew people to the shopping center. She felt that El Paseo was probably the finest shopping street in the world. Most people agreed that their restaurant embodied the spirit of El Paseo. Their guests described their ambience as magical and charming. They thoroughly enjoyed their experience at Kacoon's Oasis. As a woman entrepreneur she had invested hundreds of thousands of dollars in this operation and in order to create a special kind of place. She was paying taxes in Palm Desert and also was an employer including some of the finest local musicians available. As the commission knew, they had a lot of corporate chain competitors in the restaurant business so they needed to be unique in order to attract customers. She said they would like very much to get along with their neighbors and were more than willing to cooperate in any way. They didn't want loud music and never did. She felt that guests should be able to converse while the music was playing if they chose. As a rule, when she parks in the back lot behind the restaurant, she couldn't even hear the music until she walked in closer. The irony of the whole situation was that almost all portable musical equipment now days was electronic so the amplification came with the package. It wasn't that they desired amplification. It was just that for except for a very limited number of instruments they couldn't have entertainment either way. She stated that the volume could still be controlled and would definitely 23 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 do that and intended to do that. She agreed to comply with the City of Palm Desert's ordinance that restricted sound to below a level of 65 decibels from 7:00 a.m. to 10:00 p.m. Though they rarely had any music after 10:00 p.m., they would go down to the 55 decibel requirement. So they really had no problem with complying with the law as it stands. Commissioner Campbell pointed out that the commission granted the applicant a conditional use permit for non-amplified music yet there were problems because there was amplified music there. Ms. Fullman said she explained that unless they settled for nothing ever but a guitar, what could they do without being electronic. Amplification was not what they wanted, but the instruments were electronic. Commissioner Campbell noted that the conditional use permit was granted for non-amplified music, so that condition was violated. Ms. Fullman stated that they were well aware of the ordinance regarding the music, yes. Chairperson Beaty asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal. MR. RIC MANDELBAUM, 350 Velano Way in Palm Desert, stated that he has been a full time resident since 1 996 and prior to that he lived in the upper Bel Air area. Upon moving here he felt that El Paseo was a very strong competitor and surpassed what was on Rodeo Drive in Beverly Hills. He thought that one thing that made it such a great area was both the diversity and the high class of the stores and restaurants and the entertainment found there. He knew that Commissioner Campbell was very familiar with El Paseo because she is the head of the El Paseo Business Association. He thought that she would agree that one thing they would all like to do was protect the integrity of the area there. He informed commission that he has spent quite a bit of time at Kacoon's Oasis and he had thoroughly enjoyed the entertainment. He thought that one thing he noticed was when people walk by the front of the restaurant that they were all enchanted by the fact that this was a little oasis where people could really enjoy themselves, whether they stopped in or were just on the street in front listening. However, the 24 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 noise level stopped there. He had spent quite a bit of time walking into the back when he first found out there had been a complaint and he parked his car behind the building and couldn't hear it there. They couldn't even hear it in front of Mario's across the street. There was just no noise level there where they could hear anything. He thought that really what their purpose in this community was, and Palm Desert was one of the few cities out here that was pro business, was to encourage small businesses to really succeed. He said it was a struggle starting any kind of business, especially a restaurant because there was a lot of competition out here. He thought that what Kacoon's Oasis had done was make a valiant effort to really enhance El Paseo and to start a growing business and hire some very talented people, both the musicians and people that worked there. He thought they should do everything possible to encourage businesses like this to continue to succeed and they ought to help them in every possible way. He didn't know if there was ever a decibel test done at the location. He asked if one had been done. Mr. Drell said he was not aware of one being done. Mr. Mandelbaum said he would recommend that rather than help put someone out of business, and this being the heat of the summer, that they over the next 60 days since she was only open five nights a week, test it during the next two months, August and September, and see the decibel count there. Mr. Drell didn't think it would need to be tested two months. They would just have to test various areas around the restaurant at various volume levels of amplification to see at what volume of amplification the music was audible off the property. He didn't think it would take more than one test. Mr. Mandelbaum stated that he would then recommend at this time delaying any action tonight until such a test could take place and give Gina a full opportunity to prove, and he hadn't heard any noise and he had listened for it, and see if that was the case. He was sure that Ms. Fullman would be glad to work within the confines of what was an agreeable decibel count. MS. MONIQUE GUIO, an employee at Kacoon's Oasis Restaurant, informed commission that she has worked with Gina since the 25 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 beginning of January. She was aware of the letters that had been sent to her by Mr. Smith and the Planning Department. She had a few questions. One of the things that Mr. Smith stated was that there were complaints from the residential neighbors. She didn't believe that any of the telephone calls that were received by the Sheriff's Department were indeed received by the neighbors. To her knowledge they were received by the owner of Sweet, Sweet William. Her name is Carol Zollen. She said that ironically Carol stated in her letter of complaint to the commission that she has approached them on numerous occasions to turn the music down and she could vouch for herself as well as the rest of the staff that that was absolutely untrue. She had never spoken to them about anything and had never addressed them in writing. As a matter of fact, Carol's business had been closed since May but she believed that the city continuously got calls throughout the summer because she has friends who live in the nearby area. She thought that Carol lived in Massachusetts and wasn't even a resident of Palm Desert which she thought was very ironic if it was her voice that was being heard. The other neighbors that complained were also Gina's business residential neighbors so it wasn't residential, it was the neighboring businesses. One of the gentlemen owns a store called My Best Friend. She didn't recall when the last time she read that it was legal to post signs in the window of their customers' bounced checks with very derogatory remarks about them. This was the type of attitude this gentleman displays. So he had never been very friendly toward them either. Basically everyone they dealt within their neighboring community including the owners of Indian Outpost and Heddy's Hideaway, the restaurant that also shares their location, he happened to be with them tonight and has supported everything they have done. As a matter of fact, one of the letters in the commission's packet addressed to the Community Planning Department was from Johnnie Andreson. He lives directly across the street. His bedroom window faces their restaurant and he states in his letter that he could not hear their music. As a matter of fact, he was a very frequent patron. She believed that Mr. Smith, in her opinion, was persuaded by some very narrow minded individuals who didn't want to see another small business succeed. Furthermore, the majority of the objections being from the neighboring businesses who didn't even share the same hours of operation when their performers were actually on the patio. If they started at 5:00 p.m. or 6:00 p.m., these businesses were closed at 6:00 p.m. She asked how that affected their traffic flow. She said 26 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 they occasionally had an evening event once a month or once every six weeks and asked why they should be able to affect Gina's business so that she couldn't have music every night because it affected their one night, and it didn't. The other thing was that their events if anything enhanced their events because they were attracting more business to the area and more patrons to the center. At night if someone was having an evening event, obviously if there were more cars in the parking lot and most of these people had been dining and enjoying a wonderful experience eating, they were the mood to shop afterward. She didn't think that was a very valid complaint. Unfortunately they had not had an opportunity to speak with the people who were voicing the complaints and Kacoon's Oasis had never taken the position that they would not be cooperative with their neighboring businesses. As a matter of fact, Gina had spent quite a few dollars, which she could prove to them from receipts, in all of their businesses. So it was quite shocking to find out that it was actually them who were making all the phone calls. They had more tables on the patio and that was the reason it was very important that their music was outside versus inside. They only seat 47 people inside and obviously from restaurant statistics as well as other statistics from businesses here in the valley as well as throughout California the first year was crucial for a new business. To revoke her conditional use permit or in any way punish her would directly have an adverse effect on her business and may end up forcing her to close her doors. MR. JAMES FRANK, 74-184 Catalina Way, stated that he was a new resident to this area and he entertains over at Gina's. He was brand new in town and thanked Gina for hiring him. Over the last 25 to 30 years he had played amplified music. He played with Chuck Barry and The Kinks and The Small Faces and that was amplified music. He played piano and he needed to bring his piano because it was electric, so it was amplified and he had an amplifier. He kept it on the lowest setting that he could. It was on one. Because of the way the area was, the patrons were very close to him so there was no need for him to get loud at this gig. He said that if the commission would like to come and hear him play, to him it would be a good way to hear what this issue was all about. Hear if it was too loud or not. He knew it wasn't too loud. The atmosphere there, because it draws in people off the street and there was a liveness about the club and he found that pleasing and unique and he thought the commission should consider this 27 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 issue. All he could say from past experience was that there wasn't loud amplified music there. Most of the tunes were jazzy and kind of ballady and the acts that he has seen there were very low key. MS. TRACY RANDALL, the owner of Gifts from the Heart and The Feathered Nest on El Paseo, thanked the commission in advance for listening to her position regarding the request for amplified music on the common area patio outside Kacoon Oasis. Last December they visited this same subject and since then despite the ruling of the city council that there be no amplified music outside of their unit and that all music on the exterior during the designated evening hours be unamplified. Kacoon Oasis has blatantly and casually ignored the rulings of this city council. She had today submitted three such examples of their violations. This had been a continuous and ongoing daily struggle since the city gave their ruling in December. The effect of this noise pollution had taken a tremendous financial toll on her business. The CD business that she had been able to rely upon to pay her monthly rent had been all but destroyed because her customers weren't given an option to hear her music, finding it impossible to hear over Kacoon Oasis' amplified music. She would imagine that even Kacoon Oasis would find it objectionable if their customers were not given a choice and their business was subjected to the amplified music of her choice. They all worked very hard to create their own individual atmospheres within the square footage that they lease. Approving a request for amplified music in a common area would deny individual store owners the right to control their interior environment. Even with her doors closed, just seven feet away from where they play music, the sound permeates to the point that her customers could not hear themselves speak. The atmosphere of her store was not imposed upon any potential customer unless they decide to step into the interior of her store. However, Kacoon Oasis did not offer choice. Their amplified music was inflicted upon people passing by, their retail neighbors and the residences behind El Paseo without invitation or permission. Building goodwill meant more than putting products in a window. It meant that her customers come to be within an atmosphere of comfort that they have come to expect. Her store offered air space filled with music that she not only sells in the form of CDS but which creates the mood that encourages buying and the enjoyment of the experience of shopping with her. As a business woman concerned with protecting her investment and continuing to build her success on El Paseo, she was concerned at the 28 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 lack of obligation that Kacoon Oasis feels regarding the mandates of the city council. Although they wanted Kacoon Oasis to succeed, their success could not come at the expense of others. In the past they had made it impossible to work with the spirit of community since they only seemed to have their interests at heart as evidenced by them violating the December 1999 city council mandate as often and casually as they have. As a young business woman, she could not fathom the lack of respect they have shown the city council and their fellow retailers. It seemed as though they had no concern as to the consequences of breaking the rules of their conditional use permit and despite lip service to the contrary they had shown no concern as to the effect of their music on the neighboring businesses. As merchants on El Paseo, they pay three times the normal business license to be located on a prestigious street in an upscale atmosphere. They did this gladly and relied upon the City to protect the integrity of the El Paseo business community by mandating and upholding rules that govern for the best interest of all concerned. With this in mind, she respectfully requested that Kacoon Oasis' application for electric and amplified music not be granted and would even go so far as to suggest that their current conditional use permit be revoked as a consequence to their blatant violations of the policy set forth by this council eight months ago. MR. MIKE KOOBA, a resident of 73-484 Shadow Mountain Drive in Palm Desert, stated that he has lived here for 15 years in the El Paseo Village Condominiums. He had seen the neighborhood change over the years and was very happy and pleased with the changes. But he wanted to reiterate that there were ten restaurants with patios within a block of his house. At the present time some of them occasionally had some music. He was not disgruntled about them entertaining, but he felt that any kind of permit to one subjected the others to inquire and request one for themselves. In this instance, he didn't see the point in Palm Desert of ten restaurants having outside amplified music. They do have concerts at The Garden on El Paseo on a regular basis. He was aware of that sound and it didn't bother him. Of course, his neighbors might feel otherwise. He was present speaking for himself. But his neighbors did put together a letter and said they were against having amplified music. He didn't know if they just reiterated that it wasn't about Kacoon, it was about the ten restaurants. If the commission wanted him to name them, he could. 29 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 MR. BRANDON WOOD addressed the commission and said he was a food and beverage facility consultant throughout the Coachella Valley, Los Angeles and Las Vegas. His business includes and primarily involves consulting food and beverage facilities particularly with respect to methods of increasing and enhancing business and business traffic in this case. He said he would reiterate what Ric Mandelbaum said earlier about how much noise was too much noise and what levels of noise were allowed by the city. He said that Kacoon has worked very hard in the past few years to develop a viable food and beverage destination for the city of Palm Desert and for the Coachella Valley. A large portion of Kacoon's business was obviously due to the element of live entertainment for the city of Palm Desert, the El Paseo shopping district, as well as the center they were located in and the other businesses that have complained about this music. He stated that Kacoon's Oasis had become a well-known destination throughout the valley and enjoyed patrons from Palm Springs to Indian Wells as well as many transient vacationers. Today's age of technology and advances had afforded them all a very interesting and alternative method of doing business and different businesses and careers and many alternative methods of creating music and entertainment. Denying amplified music for this facility was a very limiting restriction. He believed the issue at hand was to amplify or not to amplify, a rather effective method to reach a measurable and acceptable method of noise or music in this case. He believed that the city has in fact determined an ordinance that determined acceptable decibel levels for particular times of operations of the day or night. He suspected that the nature of Kacoon's music, and he had heard it a few times, likely did not violate the allowable levels allowed by the city. By their comments earlier, they really didn't know what those levels were at this point. However, he offered as a resolution that the city measure the levels of the music at Kacoon's Oasis on any given evening to determine in fact levels present and then if a violation exists to those levels, require Kacoon's Oasis to reduce the levels to comply based on technical data. He noted there were several letters before the commission with complaints as to music levels. Certainly they were sensitive to their comments and requests and they were eager to work with any and all potential market places and looked forward to working with the city Planning Staff to negotiate and strictly comply with the acceptable levels of Kacoon's music. He therefore encouraged the commission to approve the application for amplified 30 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 music, whether it be electronic or not, provided future levels did not exceed allowable levels currently set forth by the city. Chairperson Beaty asked if the applicant wished to offer rebuttal comments. Ms. Fuliman said she just wanted to point out that Tracy testified that her store was not open when they have their music. She was thinking about last year before they had their alcohol license and they were playing out in the patio in the daytime and she could understand why that would bother her, but they weren't doing that any more and she was closed at night when their music was happening, so it really shouldn't be a problem. Chairperson Beaty closed the public hearing and asked for commission comments and/or action. Commissioner Finerty said that she wholeheartedly concurred with the staff report. Quite frankly she was very disappointed that Kacoon's blatantly violated the approval given to them last year. It didn't seem to her that it was an issue of decibels. The issue was the condition was non-amplified music, period. The commission had a list of letters they received from businesses in the area and from homeowner's associations and it was very clear that there was a problem with the type of amplified music. It was not fair to subject all of these other businesses and the homeowner's associations to this type of music and to be a disturbance to them. She agreed with the gentleman that asked what would happen if every restaurant wanted amplified music. It would be chaotic. El Paseo has a certain ambience to it and her suggestion was that if the applicant desired amplified music, then she invited the applicant to relocate to another area because the use of amplified music was not conducive with conducting business in the area, nor was it conducive with all the residents in the area or the overall ambience of El Paseo. Having said that, she was prepared to move with staff's recommendation. Commissioner Campbell stated that she also has a business on El Paseo and she was pro business. She didn't like to say anything against any business, but as a Planning Commissioner, she played another role. They granted a conditional use permit for non-amplified music. It was violated. Again, she agreed that if all the other restaurants that had patios violated a CUP to have amplified music, it would be as Commissioner Finerty stated, chaotic. She 31 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 was against granting a permit for amplified music and concurred with staff's recommendation to revoke the present conditional use permit condition. Chairperson Beaty said he was in agreement with his fellow commissioners. He was somewhat even further confused because they had an applicant who has violated the conditional use permit and is now requesting permission to continue the violation even though it had been objected to, opposed to and complained about as evidenced by a memorandum from the Sheriff's Department. Not only was he in agreement with his fellow commissioners to deny the current application, he wanted to ask staff what had been or what would be done if continued violations occur. He said that perhaps that was a question for after the action was taken. Action: It was moved by Commissioner Campbell, second by Commissioner Finerty, approving the findings as presented by staff. Motion carried 3-0. It was moved by Commissioner Campbell, seconded by Commissioner Finerty, adopting Planning Commission Resolution No. 2010, denying CUP 93-7 Amendment #2. Motion carried 3-0. Chairperson Beaty said that his question to staff was, if the applicant continues to violate her conditional use permit, what would happen. Mr. Drell explained that basically they were revoking a portion of the conditional use permit, which was the portion dealing with live entertainment. The next step would be revoking the entire conditional use permit which was to operate as a restaurant. An alternative would be to enforce the condition through a court injunction. Upon questioning by Chairperson Beaty, Mr. Drell further explained that there were two ways to come into conformance in any violation. Either stop the behavior or get the approval modified to make the behavior legal. That was what they were choosing to do. They were requesting reconsideration of the previous denial which occurred back in December. They had a process that allowed people to request amendments to previous decisions and that was what they had done. Again, and counsel could add to this, but the next step was to revoke the entire conditional use permit so that they couldn't do business, period, or they could selectively through court action force the compliance with a specific condition. Mr. Hargreaves concurred that any violation of city codes could be addressed through code enforcement either civilly or criminally. There could be fines or court orders. Generally speaking they could employ a progressive discipline where they send 32 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 them a letter calling their attention to it threatening action. If they continue then they would actually cite them and fine them. If they continued, the conditional use permit could be revoked and/or bring civil action with contempt kinds of penalties or criminal action. Commissioner Campbell wanted to clarify that at this time they were just talking about revoking permission for outside music. Mr. Hargreaves concurred that that was all they were talking about at this time. Mr. Drell said the question was what if they continued to ignore these actions and those were the remedies. Again, there were various actions that could be pursued with the courts. Chairperson Beaty said that he had no opposition to live music. He was very upset that they have an applicant who has apparently flagrantly ignored conditions of the conditional use permit and that upset him. It upset him even further that the city apparently did not do anything about it. Mr. Drell said they notified the applicant of the violation. The applicant felt that live music was necessary so Mr. Drell informed her that she would have to live with the existing ruling or request that the ruling be changed. That was the process they were going through now. They said they couldn't live with that ruling and wanted it to be reconsidered. That was what they asked for. Chairperson Beaty stated that he wasn't opposed to live music. Mr. Smith clarified that the staff recommendation was to revoke the entertainment on the patio. Commissioner Finerty concurred and stated that it was her understanding that there could be live entertainment inside, but that because the rules were not followed, there would be no entertainment of any kind outside. Mr. Drell said that as long as all three commissioners understood that, that was the action. Mr. Hargreaves stated that was what was reflected in the resolution from staff. Commissioner Campbell concurred and Chairperson Beaty noted that was the resolution adopted by commission that passed 3-0. Mr. Drell informed the applicant and audience that decisions of the Planning Commission were appealable to the City Council. Mr. Wood spoke from the audience and requested clarification on the action. Mr. Drell explained that the ruling was that there would be no more outdoor entertainment whatsoever. Commissioner Finerty said that was correct. Chairperson Beaty pointed out that they could have live entertainment inside the restaurant. Mr. Wood said amplified or otherwise. 33 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 15, 2000 Mr. Drell said yes, as long as it didn't violate city noise levels. E. Case Nos. ZOA 00-05, ZOA 00-07, ZOA 00-08 - CITY OF PALM DESERT, Applicant Request for recommendation of approval to City Council of three zoning ordinance amendments: 1 ) Chapter 25.16.030(J) as it relates to rental and leasing of single-family dwellings for less than 30 days; 2) Chapter 25.16.090 as it relates to stealth installation of telecommunication towers; and 3) Chapter 25.16.090(A) and adding © as it relates to setbacks for garages and carports in the R-1 District. Mr. Smith explained that there were three separate proposed code amendments. All three were recommended by Zoning Ordinance Review. Relative to leasing of single family dwellings in the R-1 district, the code was currently silent. Anyone wishing to rent or lease for less than 30 days would have to come through a conditional use permit process so that the neighbors would be aware of what was going on. Item two was relative to the telecommunication towers. A revised Exhibit B was distributed to commission which highlighted some language changes that he came up with in communication with Commissioner Finerty today. He thought it made the issue clearer for them and he suggested that if the commission acted on this that they make those changes. Basically what they would be doing was encouraging clustering of these tower elements if they were in a stealth mode (i.e., that they look like palm trees). They were also lowering the maximum height from 85 feet to 65 feet. Item three of this amendment was relative to setbacks for garages and carports in the R-1 district. As indicated, in many of the older communities of the city they did not have full two-car garages. It was the stated goal of the city to provide covered parking in the residential district. In order to encourage rehabilitation of older dwellings and make them consistent with current codes, they would be lessening the burden by reducing the proposed setback effectively on carport structures to 20 feet from the curb rather than the current 32 feet. Side-in carports would have 16 feet and that came out of some other language elsewhere in the code where if they had a side-in situation they could go closer to the street. Approval under this would go through Architectural Review Commission and would be subject to a notice being sent to the 300-foot radius area and taking into account the opinion of nearby property owners and property owner associations. With that, staff 34 C /Fir PLANNING COMMISSION RESOLUTION NO. 2010 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 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 of 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 Planning Commission by its Resolution No. 1961 ,extended the ltQurs of operation to 9:00 a.m. to 11 :00 p.m. and allowed Iive,non-amplified music in the patio in the form of two performers between the hours of 5:00 p.m. and 9:00 p.m.;-and r : >* WHEREAS, the Planning Commission of the City of Palm Desert:California,California, did on the 15th day of August, 2000, hold a duly noticed public hearing to consider the request :. ,t; of KACOON OASIS at 73-405 El Paseo, ':Suite" 32A, to allow electric or amplified instruments in the patio; and WHEREAS, said application has complied with the requirements of.the-"City of Palm Desert Procedure for Implementation of the California Environmental Quality ActrResolution No. 00-24," 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 denial of the requested conditional use permit amendment: 1 . The applicant/operator has failed to operate within the conditions of its conditional use permit as provided for in Resolution No. 1961 (i.e., amplified music has been observed/heard and complaints received and verified by the Sheriff's Department). 2. The restaurant is within close proximity to a residential development to the southwest which could be negatively impacted by amplified music. PLANNING COMMISSION RESOLUTION NO. 2010 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 as requested by the applicant June 8, 2000 is hereby denied. 3. That Case No. CUP 93-7, Resolution No. 1961 , be amended to delete all outdoor entertainment on the patio. 'Z + �xr J,� PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of August, 2000, by the foIlowitIg.:vote, to wit: AYES: CAMPBELL FINERTY, BEATY. . ?. . NOES: NONE ABSENT: JONATHAN, LOPEZ ABSTAIN: NONE ._,c r2 - PAUL R. BEATY, Chairperson ATTEST: PHILI DRELL, ecre ary Palm Desert Pla ning Commission 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 15, 2000 CASE NO: CUP 93-7 Amendment #2 REQUEST: The applicant seeks approval of amendment to the existing conditional use permit to permit the use of electric or amplified instruments in the restaurant patio. APPLICANT: Kacoon's Oasis 73-405 El Paseo, #32A Palm Desert, CA 92260 BACKGROUND: The subject restaurant has operated under various owners since 1993. 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 opposition to the request. In December 1999 Commission considered a request by the current operators to extend the business hours and allow amplified music. At that time Commission approved extended hours but rejected amplified music. Non-amplified music is permitted from 5:00 p.m. until 9:00 p.m. STAFF REPORT CASE NO. CUP 93-7 AMENDMENT #2 AUGUST 15, 2000 II. CURRENT PROPOSAL: Over the past few months the Sheriff's Department had received noise complaints concerning amplified music on the patio at this restaurant. Planning staff made contact with the applicant via telephone and in writing reminding them that the CUP does not permit amplified music/entertainment. June 30, 2000 the applicant filed this request for the use of electric or amplified instruments on the patio. III. ANALYSIS: The applicant in her letter dated June 30, 2000 noted that "there have been no legitimate complaints from our residential neighbors. However, we have been constantly harassed by the Palm Desert Police Department due to complaints from a woman named Carol who owns Sweet William, a retail store next to us. Our musicians begin playing at either 6:00 or 7:00 PM, after Carol's store is closed for the day. Furthermore, Carol's store is closed for the entire summer season, yet the police still receive regular calls from her." 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 residential dwellings to the south/southwest and concern expressed by nearby tenants in the center to the previous request and this request. In the 1999 request, staff supported non-amplified music in the patio from 11 :00 a.m. until 9:00 p.m. (Commission approved 5:00 p.m. until 9:00 p.m.). As noted in the Sheriff's Department memo of May 9, 2000, "she defines amplified music differently than the city does." In recommending expansion of the hours for patio entertainment in 1999 staff and Planning Commission were extremely careful not to permit amplified music. We expected cooperation and compliance. We have not received either. Over the past two years the applicant has routinely violated the condition limiting entertainment to non-amplified music and entertainment. Staff therefore recommends that the CUP amendment as requested by the applicant be denied and that the CUP be amended to eliminate any outdoor entertainment on the patio. As is typical with conditions on a conditional use permit, failure to comply can lead to 2 STAFF REPORT CASE NO. CUP 93-7 AMENDMENT #2 AUGUST 15, 2000 revocation of the restaurant permit following a hearing before the 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 had no written responses to the notice, although we have had two phone calls in opposition to the request. We will attach comments received in the past to similar requests. The property owner representative advises that they do not have a position on this matter at this time. Their comments from November 1999 are enclosed where they recommended low volume amplified music be permitted on the patio from 1 1 :00 a.m. to 3:00 p.m. and 4:30 p.m. to 9:00 p.m. IV. RECOMMENDATION: That the Planning Commission deny the applicant's requested amendment to permit electric or amplified instruments in the patio of the restaurant at 73-405 El Paseo, Suite 32A, and that the Planning Commission amend the CUP to prohibit all entertainment/music on the patio. V. ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by S ve Smith —Reviewed and Approved e ( 11) Phil Drell /tm 3 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 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. 1 736 approved business hours of 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 Planning Commission by its Resolution No. 1961 extended the hours of operation to 9:00 a.m. to 11 :00 p.m. and allowed live non-amplified music in the patio in the form of two performers between the hours of 5:00 p.m. and 9:00 p.m.; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 5th day of August, 2000, hold a duly noticed public hearing to consider the request of KACOON OASIS at 73-405 El Paseo, Suite 32A, to allow electric or amplified instruments in the patio; 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. 00-24," 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 denial of the requested conditional use permit amendment: 1 . The applicant/operator has failed to operate within the conditions of its conditional use permit as provided for in Resolution No. 1961 (i.e., amplified music has been observed/heard and complaints received and verified by the Sheriff's Department). 2. The restaurant is within close proximity to a residential development to the southwest which could be negatively impacted by amplified music. PLANNING COMMISSION RESOLUTION NO. 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 as requested by the applicant June 8, 2000 is hereby denied. 3. That Case No. CUP 93-7, Resolution No. 1961 , be amended to delete all outdoor entertainment on the patio. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of August, 2000, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 LIVE MUSIC LOCATION ( GUITARIST) 1 . el PO ;46I%#•'1, 1;e;:;;:1�.1; I' !�i 1 .. / t` f 1 i7•l6'l . r i- i,, 01.1////Iiii:Iie`I .tra1�.stit.lNr�..i1ig 11..��- .-• 1 • r �! t . ll 1 • kW ""e. '1 // c1 "t • L L • 11 0+i t.) J/ // 1 1 • t . 1 r ■ 1'f Blr1 .� ! 1 I F, II ;:....r.r. .//, r ' 41 Illllrlll IItg I I `a-!!►.t�:, -r gJ i.f:!il.l1 If1 �,11�� i� 1 ( , •.....‘\ ��' %Ii1, tliirlk4'4_ 1111111111,413192i4,tjrjlel1F/igi:o'IIIIIilIi• fill'' Oilj'M'fiii,`/% . '!0'0i.i/ri#°;R. ...,• dr:1-ta aEt!tia., .{!1s Iyi2,,tI/1f !f iltlifq- iiiril;:„% -- t . ,1 3 Pair),.. - .. ..,,,ole1/41 ._, ...I , a. • = :._ i 6 �it� loft .1. ■ww..r•.. i�J 1.. I \ . ,.._ri;lit a M- g IF.. .••n Iwr.w.a rr..r. .;.:.,•.., d .:.fir. ( irMS wt ww 11Lf0001\ !t#. aim..• ' I ur •.rrr-..•wat/ /' c r1' � ..•l,•. .I, ,. , _-F1r s r-:.fO rin w:- •.r.rm:7=7::.... ^.r L . : u1 ���.wrrN-.--- 1�. =... ' �.� err�� . .w .ow- r .... qiip 0.61 it),.• ..............• ......„....... ,,____ •_ ,..... ....,......•,......_ _ _._7-Sang/1//11•11”••01111111p.....1111.01•1411•1•11. .,. _ • • 10 1`.. . 3 2 •. , • ♦ Ill 'r.��t.^-•ciJ•y. � r fir..•-_ r=-=u.rY.r� • ii • .1.1.11110111111.111 ;111. �: wwY�...^ i-..;,..�i.` MN.,....� : IIII I�,.__ f«Iammo num •r. Ia!Nom�.wrr �i.w. mum rYlirm� l7rli�sl unl.......... .Ir.0-- .r a Ma ' 1—._J: - fix" - I..�s� .rY- - loft III NI IA 1..1 ....r..w..i sir..��.�I ... .V w�• _ I� �.1rw�r•...m. ter • r .11110 Y.11a/ivetsti .fir_-�_�1 r.�� II ' _- • ii J..w 111111111•111.40 et.r.Y..�w• 1Old ..1.' mil 6 2 • IIIIIIIIII r.+r...w mess J.. ig L /w.. 4L III.MMH VIP INDI rg4 .�•' �".1.: �A 1.•arr. ; , *1367 ICY!•` s 1 ' 0V Doe; fl�ll tf I Iiir II1 *WIL!I!JI! •IE ��11 MOO ; i'�: `�1111,WWI t° I. i II r 46, 11� 'mtti w 11 tl.' 1 1 IA UlDed WI ;I, IIIal= !iiIij$ 1P t�jt, ww� 7 11111( 1�r11r1/1 �� 1 I I 1if�If1� June 30,2000 JUL 0 7 2000 COMMUNITY Attention: Steve Smith, Palm Desert Planning Department or PALM DEPARTMENT DESERT Regarding: Kacoon's Oasis Restaurants Conditional Use Permit Dear Mr. Smith, I would like to request an amendment to our Conditional Use Permit to allow the use of electric or amplified instruments in the patio of my restaurant. As far as I know, there have been no legitimate complaints from our residential neighbors. However, we have been constantly harassed by the Palm Desert Police Department due to complaints from a woman named Carol who owns Sweet William,a retail store next to us. Our musicians begin playing at either 6:00 or 7:00 PM,after Carol's store is closed for the day. Furthermore, Carol's store is closed for the entire summer season, yet the police still receive regular calls from her. I am actively involved in the Palm Desert community, a member of the Chamber of Commerce, the El Paseo Merchants Association, and the Convention and Visitors Bureau. Kacoon's Oasis is one of the few independently owned restaurants on El Paseo that is open during these slower summer months. Live music has been the single greatest factor for attracting customers to my restaurant. Please take this into consideration for my request to amend the Conditional Use.Permit to include electronic and amplifed music. Thank you for your time, I would appreciate your attention to this matter. Sincerely, Gina Fullman Kacoon's Oasis Restaurant ................ •.... CITY OF All DESERT 73-510 FRED WARING DRIVE • PALM DESERT, CALIFORNIA 92 260-2 5 7 8 ; TEL: 760 346-0611 • FAX: 760 341-7098 info@palm-desert.org June 29, 2000 Gina Fullman Kakoon's Oasis 73-405 El Paseo, Suite 32A Palm Desert, CA 92260 RE: CUP 93-7 as amended Dear Gina Fullman: Further to our telephone conversation of June 29, 2000, this letter will serve to confirm the salient points of the conversation. I reminded you that your existing conditional use permit (CUP) limits any outdoor entertainment to non-amplified musical entertainment. On June 12, 2000, staff received another written complaint from the Sheriffs Department. Sgt. Alcorn indicated that on June 10,2000, there had been noise complaints registered and an electric piano/keyboard and microphone were observed. Your options at this time are as follows: 1. Comply with the conditions now in place and limit any outdoor entertainment to "non-amplified" music or voices; or 2. You may apply to amend the existing CUP conditions to allow amplified musical entertainment. Please advise me in writing no later than July 12, 2000 as to which option you wish to pursue. If I have not received a written response by July 12, 2000 indicating which option you wish to pursue, we will schedule the matter at the next available Planning Commission meeting to revoke the conditional use permit as it pertains to outdoor entertainment. Failure to comply with the conditions of your conditional use permit could result in revocation of the CUP authorizing the restaurant use of the property. Sincerely, STEPHEN R. SMITH PLANNING MANAGER cc: Sgt. Alcorn, Riverside County Sheriff Department , / - ;e ytt,�RF,s t , %:,r RIVERSIDE COUNTY SHERIFF �,;� - Palm Desert Station MEMORANDUM To: Sgt . Alcorn June 12 , 2000 From: Sgt . McManus#1148 Ref : Kacoon' s Oasis On Sat . , 061000 , at about 2142 hrs . , Deputies Martello and Rodriguez were dispatched to Kacoon' s Oasis in reference to a 415 PC, loud noise . They contacted the manager who identified herself as Gina . The RP did not wish to be contacted in this case . After speaking with the manager it became apparent that she was going to continue her outdoor entertainment . This consisted of an electric piano/key board and microphone . I responded to contact the manager and she wanted to know who made the complaint . I did not tell her the RP ' s name . I was unfamiliar with the history behind this establishment when I made contact . She said that she would keep the noise down as it was well after 10 : 00 PM before we cleared the call . She feels that she is being harassed and that her patrons should be able to enjoy this outdoor entertainment . I located the memo in the pass on and this memo is being forwarded for information. ..<-;---:,„_A r at Al1.....W- . - /<aoo4 O0 Spirits. Cl a,np ,w 6 CaYurr ;, ' ':1t �` 5 I aseo ,:l.r.- 'l �=,.,'''.S" 1v, Pa Desert,CA 92260 �? "'' •%t i hone 760/346-3224 Y'Y FAX 760/674-8914 _ A )p �_ , �� RIVERSIDE COUNTY SHERIFF "/"4 ' 96,'°E `) �. PALM DESERT STATION v% , MEMORANDUM TO: Palm Desert Patrol Deputies FROM: Sergeant Michael Alcorn RE: Kacoon's Oasis 73-405 El Paseo • DATE: May 9, 2000 In the past, the Department has received several complaints about activities at Kacoon's Oasis, located on the southeast corner of El Paseo and Lupine. This establishment has been contacted about these complaints and been met with a less-than-enthusiastic response in correcting the deficiencies. The latest issue is loud music. As part of their Conditional Use Permit (C.U.P., copy attached for reference), they are allowed to play non-amplified music between the hours of 1800 hrs to 2100 hrs. The owner has been contacted about the latest music issue and she defines amplified music differently than the city does. Currently, she has periodically had a musical combo that utilize electric equipment such as an electric piano/key board as well as amplified microphone. This is considered amplified music and in violation of their C.U.P. Watch III deputies are requested that while on their routine patrol, observe activities at this establishment to ensure conformity with the C.U.P. as it relates to amplified music and hours of operations. Deputies observing any violations of this should document the circumstances in memorandum form which can be directed to me for referral to the City of Palm Desert. If contact is made with management,the circumstances should also be included in the memo. cc: Station Administration ......................... .... CITY OF Hill DESERT , ::_ _ 73-5i0 FRED WARING DRIVE •,, PALM DESERT, CALIFORNIA 92260-2578 �.: il; : Ye. TEL: 760 346-061 i y.:`. FAX: 760 341-7098 I BPI r ) i r � 9._, info@palm-desert.org April 14, 2000 Kacoon's Oasis 73-405 El Paseo, Suite 32 A Palm Desert, California 92260 Re: CUP 93-7 As Amended Dear Sir or Madam: As you are aware, the above noted conditional use permit permits you to offer outdoor entertainment provided it is non-amplified. (See Condition No. 2 of Planning Commission Resolution No. 1961 .) The Sheriff's Department advises that it has received noise complaints and that during the weekend of April 8, 2000 amplified music was in evidence on your patio. Please be advised that if we receive any further reports of amplified music at your location we will have no choice but to schedule the matter for hearing before Planning Commission to revoke your conditional use permit. Thank you for your anticipated cooperation. Yours truly,t---- 4. 7---------6 fST PHEN R. SMITH PLANNING MANAGER /tm cc: Sgt. Alcorn Riverside County Sheriff's Department 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.1 625, 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. 97-1 8," 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. 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 �) SABBY fin 1 ATHAN, Chairperson ATTEST: STE HEN R. SMITH, Ac ing Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1961 • 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 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 Law Offices of RFCFIV ED CRISTE, PIPPIN & GOLDS ilrc 6 1999 73-550 ALESSANDRO vGr.:4 1iMUTY[ Y:W''1:i`:41T DEPARTM 1ii ROBERT L.PIPPIN SUITE 200 G1NILBWME4760)862-1111 MICHAEL A.CRISTE PALM DESERT,CA 92260 FACSIMILE:(760)776-4197 IRWIN L.GOLDS E-MAIL: CPGCA@aoicozn JEFFREY S.FLASHMAN JULIAN S.SUMMERS December 3, 1999 Palm Desert Planning Commission City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Kacoon's Oasis Conditional Use Permit Application Case No. CUP 93-7 Amendment No. 2. Ladies and Gentlemen: This office represents Tamara Friend and Tracy Randall,the proprietors of Gifts from the Heart and The Feathered Nest. Both of these businesses are located in El Paseo Village-Gifts from the Heart is adjacent to Kacoon's Oasis and The Feathered Nest is approximately three stores down the block. Our clients strenuously oppose the proposed change to the conditional use permit of Kacoon's Oasis to allow for amplified music between the hours of 11:00 a.m. and 10:00 p.m. Each of the stores at El Paseo Village provides music within its stores that provides the appropriate ambience for that particular store. The amplified music that Kacoon's Oasis proposes would result in either the music in each store being drowned out by the amplified music from Kacoon's Oasis(as was the case when such music was allowed in the past)or require the other stores in El Paseo Village to close their doors. For obvious reasons, neither alternative is acceptable. Like most of El Paseo,El Paseo Village is an open-air environment. Open doors are inviting to potential customers that are strolling along El Paseo. During the season,proprietors are able to take advantage of the weather, which is conducive to open doors. Along El Paseo, there is an expectation by shoppers that doors will be open when the weather permits,and a closed door is not as inviting. Further, it is not appropriate to have a store's ambience invaded by loud, amplified music from a neighboring business. j s f/friend.101.wpd Palm Desert Planning Comm.,,,,..,.1 Re:Kacoon's Oasis Conditional Use Permit Application Case No.CUP 93-7 Amendment No.2. December 3, 1999 Page 2 Moreover, under the terms of their leases,the tenants of El Paseo Village are entitled to the quiet use and enjoyment of their leaseholds. The lease specifically prohibits use of the property that is "offensive or objectionable to Lessor or other occupants...by reasons of noise, odors, and/or vibrations..." The granting of the proposed change to the conditional use permit would not relieve any of the parties of their contractual obligations. It simply does not make sense to grant a conditional use permit that will result in the breach of contractual obligations and deprive our clients of the contractually guaranteed quiet use and enjoyment of their leasehold. We are aware that other tenants of El Paseo Village also oppose amplified music at Kacoon's Oasis. In the past,such music has been disruptive to neighboring businesses,and there is no reason why the same would not occur if the conditional use permit is granted. Amplified music simply is not consistent with the atmosphere of El Paseo Village, and the request for such music should be denied. Sincerely, kit Jeffrey S. Flashman, for Criste, Pippin& Golds 'sr/friend 101 wpd DESERT MANAGEMENT November 30, 1999 g: EC EI V J O �`-i' 21999 i:. �;jNiTY L:vELarlf VT DEPARTMENT Planning Commission CITYL;T City of Palm Desert 73510 Fred Waring Drive Palm Desert CA 92260 Re: Kacoon Restaurant El Paseo and Lupine Gentlemen: This letter is written on behalf of the Board of Directors of Sandroc I which consists of 44 units and Sandroc II which consists of 20 units. These associations are iocated south of El Paseo, north of Shadow Mountain Drive on Lupine and Tumbleweed. We wish to petition the Commission NOT to extend the hours of the above referenced restaurant NOR allow amplified music. A majority of the residents in these communities are retired and would appreciate your consideration in this matter at the hearing to be held at 7:00 p. m. on December 7, 1999. Please feel free to call if you have any questions. Sincerely, Vye Brooks Association Manager For the Board of Directors Sandroc I and Sandroc II Homeowners Association cc: Boards of Directors O 42427 Rancho Mirage Lane • Rancho Mirage, California 92270 • (760) 862-1202 • Fax (760) 862-1210 7 400 South Farrell, Suite B-201 • Palm Springs, California 92262 • (760) 325-4257 • Fax (760) 778-6846 / /,1 di A��aopUS CJsst et 7 Af aG %Ed M3/ 6 w !/Xov4 hoz pia 7a4t 'cam' iefew A/cpxol of cL cisEG i` ,Ae d/ E, 0 A,vd 14 ;ot i ,s , 4142 S4 Avo" 6 vE4c%4L A scatea4NCIA;i 44s,:v�sssds h 6i sk6f6c � �� � av�dos e' e/ p� Q,4Wdfj(. 64ch d as Qk4 dust ,ysso e4 mksic ?AW iS ,opp t°,,, iA ' �a004 or.)Av 64s,wetsses. 4I$Ed suaii coma Arege oaf optw 41604 o44.4i dtoklus act cup A9k3iC . 4 sko cue- dx43 77JAvr' /� 'L r4A/ 944i(;.4). u Ati /04* AO Ed ,,b c J0 d � Me hot S4.A7Ay'1a ftIoNAS (#.J )64, wE A,EEd G fit CwA iot, aJ`, /MarE[ Vicar.; ,o404441 cur c+(x►PS dWri �A'�c sedsav 14)A6v ape E�'or o - ,,asi' A( ' Aar, Nick nn • do v do wed Auc'e busi Yeas swA se. 4 ciao' daWt ',{ refd ,Rs Ao awed ,6icw,vSss, 54xviihst As4oe I S/ 714. no p,(,' idd inusda !S AitO &WAS)✓eE 741 dew,• . AAv p MM�$ wild midi J43, 1 4saw 46044 oar v " ivi E di�vi v t i6Av C " e.4se Cks�a Ar�ef,�S. t des,-�. 7� � Erb cad A/ah s,%v hoard 141 oar. she(. Reme 034ialda gd /44 A am- agicied te *is C C's/ AL). 4-t-y RECERIFFI OZIefer7w4/44k 44/1 kaay. uE 2 1999 / ZG L,O AUNITYC VELD?MEP{I DEPMMiMEii! CITY OF PALM DESERT EL PASEO VILLAGE 73-405 EL PASEO, SUITE 33-C PALM DESERT, CA 92260 (760) 346-8104 November 12, 1999 RECEIVED NOV 1 2 1999 City of Palm Desert Planning Department `` N"� rzLo,'' To r_Ps,Rf;,Eri 73-510 Fred Waring Dr. CfTYOr PALM DESERT Palm Desert, Ca. 92260 RE: CASE NUMBER - CUP93-7 - AMENDMENT #1 To Whom It May Concern: We as the owners of the El Paseo Village hereby wish to recommend that the above mentioned CUP be amendment for the Kacoon Oasis located at 73-405 El Paseo, Palm Desert, Suite 32-A as follows : 1 . Business hours be extended from the original 11: 00 a.m. to 11: 00 p.m. to 9 :00 a.m. to 11 : 00 p .m. 2 . That a low volume of music be permitted on the patio area from 11: 00 a.m. to 3 : 00 p.m. and 4 : 30 p .m. to 9 :00 p .m. 3 . Amplifiers for the music be_permitted at a designated low volume. The owners and tenants of the El Paseo Village feel this is a nice asset to the center and will be another nice attraction to El Paseo. Thank you for your cooperation in this matter. Sincerely, .dL7rJa EDWARD A. BURGER, P SIDENT EPV MANAGMENT, INC. ITS GENERAL PARTNER El Paseo Village 73-405 El Paseo,Suite 32-C Palm Desert, CA 92260 Bus: (619) 346-8104 • Res: (619) 346-4500 Fax: (619) 773-9680 March 22 , 1996 Mr. Steve Smith City of Palm Desert Planning Department 73-510 FRED WARING DR. Palm Desert, Ca. 92260 Dear Mr. Smith This letter is to inform you that we have made an agreement with "The Kacoon Bar and Fill" to allow live music on the patio from 6 :00 p .m. to 9 : 00 p .m. This music is to consist of an acoustical guitar player with no amplifiers . Thank you for your cooperation in this matter. Since ely, ogrEDWARD A. BURGER, resident EPV Management, Inc. EAB: ls U ' LIVE MUSIC LOCA TION ( GUITARIST) , el pasco %�Ir 111 e.ri ;••11 1`1.••1.•1 1 t ill LL11 1 3.4 1„�„ ft •t 1 i Nif ' eI1r1 *r f 1 . n 1�/ �JI /le ;1.111.1,1.•t1 I;t t:•■ hogs* t ! �• f i f l. illi r. 7t,fI,M1„,, • 14! ///Ae. .j%rij 1'44 =eilL. -Itt■1eINor-It!•. •1•tais Y / I 1�11` tile, Al 1 kl.ta .._al11 11 #I•r�♦ rii/1 �114 j1'�-illlt ♦ 'i,S•=t�JjtLjt;l:el�1i�Ii�t11,1�'�;� ; �. .1.�.; iL ' ! 1 ; IIII$I: 'iii!' �� e1jtl 1 1'�`I 1��` 1 •Je Iii.;,l.•:1 .1• .i1,111di 1 if/I t. r� /�t iti•t. g1t'. .i�li •/tom/! .//vIl1 i-r r.', '�11,:ih; ill. '11...I'''.4 Alp 8.1, i.IIVI,11,-... I�� .. Mr■.. RIwwr ar.. ..t��•1 �� •'.�. . Y 0.;.'o, 3i a_1 .I..N........1.. .•.A.A PN.aI.ID.I..IlIM.M..tI••;'..B 1.-”.•,PM. ---- ��•. . _d .r:r.: 6 ;��6 loft t� . I11-11 r.w •, ..�_. ii.�ttl rr1Mr.i: r. • irrr.._rwr.rr .':. ab... `•r... •' • =o41.-" rrrr.rrw.r '� ) . �•.'..ww.i...m.o. J ,.� ..ii,,w. `h",1'1^h.•In�•`V•r.y_•.�_H�_. r_ r �•—i _.. •I& 3 1.•,41 IP, ai�li�i n1 M1T1i 111 O1.1.i1WI- in:/ �7:ice=� ' 4.".....:..... =•r •—•21. 11,1 tiii' f u .1'4a•1 l E:411.•,.ls.,:l Ae4•;•e:.o G:..4 m,a.'.w..N•....p. I•r I1I..NIi 1. i2 , 11L i.t I1*4 ii.l0.l.R/..S.1I lIrM1.i.i.•p.Ei. I_.-g:•o-*•-_''M1'i • r. •4.M .Oiw u_r>yw ^ ..a wr._. 410.wr4 tl• M1/8IJIY1. r n.i ��t I I• . .r..... C . rOOM• �.YMt .-r r wr.rw r wr wli `\ _ ..::....._ _ I 11I' �, ••! lift• .• s� i�IIDia 1..11010 '�rV� tlY�rl�� . .11.. E .YYYre•I .r . f1114411 f .r._r 1 _ �r MI ■� ■' .. r:..:1�� n••.�1A 1�N■ r Iw rr. . r.••ru_w.ur_wrwr .Iw Yw 1t L�.•..� = =air i-..—rr�r ::iit.rl —wr w.. Eu. i P. II •r. 1.■.■rwrl I • ,.I.I -r r wu■a GI 4 r I..-.o.m6e w.a I:1 „,4..i i1Ik1 'dll 11367 OL.., filittioisni lieiiAigiiji.i:: ; l&à ! iiI!1 ,Mil,l1l1S� _ 111 ii iii. _ , 41�, f 11 11 ��� 1 e :._- 'ill Is! - 1 .u a• ' ti�l t .�: iIi; tIII jfyj1i DESERT MANAGEMENT RECEWED August 7, 2000 AUG 0 9 2000 ,IAMUNITY CE1`ELCPMENT DEPARTMEN"f CITY 0i-PALM DESERT Planning Commission City of Palm Desert 73510 Fred Waring Drive Palm Desert CA 92260 Re: Case No. CUP 93-7 Amendment 2 Kacoon Restaurant El Paseo and Lupine Gentlemen: This letter is written on behalf of the Board of Directors of Sandroc I which consists of 44 units and Sandroc II which consists of 20 units. These associations are located south of El Paseo, north of Shadow Mountain Drive on Lupine and Tumbleweed. We wish to petition the Commission NOT to extend the hours of the above referenced restaurant NOR allow amplified music. A majority of the residents in these communities are retired and would appreciate your consideration in this matter at the hearing to be held at 7:00 p. m. on August 15, 2000 Please feel free to call if you have any questions. Sincerely, ` V Vye Brooks Association Manager For the Board of Directors Sandroc I and Sandroc II Homeowners Association cc: Boards of Directors 7 42427 Rancho Mirage Lane • Rancho Mirage, California 92270 • (760) 862-1202 • Fax (760) 862-1210 1 400 South Farrell, Suite B-201 • Palm Springs, California 92262 • (760) 325-4257 • Fax (760) 778-6846 2t Vede2tiewe 73-405 EI Paseo#31 C Palm Desert,CA.92260 Phone:760/340-4332 Fax:780/340-3302 August 9, 2000 Steve Smith City of Palm Desert Dear Mr. Smith: I 've opted against my original response. It ' s attached only for your amusement in hearing what residents, businesses and tourists have endured over the past eight months. It ' s enough to say this is my sixth objection to amplified music at Kacoon ' s Oasis, including three in writing to the City that a phantom apparently whisked away. It ' s important to note several adjacent neighbors are in Europe or at their summer homes , and have certainly not received the notice. Others went to businesses that are closed for 3-4 months and may not be read for weeks . So - there ' s no question Kacoon ' s has been given an overwhelming advantage. Appeal later? This music has continued, regardless of the previous meeting and any City ruling and lack of enforcement thereafter. Noone wants to deal with it, understandably. Sine rely, A RECEIVED 1\U G 1 0 2000 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Wentee-e444 2 e4Cq*ten loom 4 & ceAuotzmegeht 4 'e4e ?paved 73-405 Et Paseo 031 C Palm Desert,CA.82280 RECEIVED August 7, 2000 Phone:760l340.4332 Fax:780/340-3302 AUG 0 2QO� Steve Smith City of Palm Desert CC*MUNITY DEVELOPMENT DEPARTMENT Dear Mr . Smith: CITY OF PALM DESERT Regarding our phone conversation today - to the best f my knowledge noone was notified about the results of the .riginal hearing pertaining to amplified music at Kacoo' s •.sis , so I 'm surprised to now hear there were only t ee o: ections from business owners or residents within • e city mi utes . I know for a fact all FIVE businesses most adjacent to acoon ' s voiced verbal or written opposition. FTS FROM THE EART, DESERT TENNIS & GOLF, & FEATHERED NE attended in pere• • . MY BEST FRIEND & SWEET WILLIAM sent le • ers to the desig ted person listed on the notice. On b= ng discouraged that a •lified music continued to blast the eighborhood for five mo hs after not being approved, and an being told by the city here had been no complaints du ng that period , at least thr- of us faxed or mailed lett- s - yet there are no records of his in either January or ay? Top this with the city decidi • not to cite Kacoon ' s •r to uphold the ruling, the police a epting what the cit knows are falsified permits when t ,ey 've been calle• , and now the city giving the restaurant addi ional , opportu' stic advantage for another hearing - to be eld when th- majority of residents/tenants are knowingly gon, for the mmer . While you don ' t seem to feel the timing is elevan . due to previous poor response, is it not logical , 'owl letters of objection have been displaced by the cit T CE, to realize opposition must be made in person at the . -awing? For whatever reason, previous correspondence was no . knowledged so there ' s no proof they existed . I doubt te nts ave lied to one another about this, considering the st. is cre. ed by Kacoon for all of us. Certainly, a wish ev- deserving business on El Paseo success . It ' s a ' •ugh area du to the irregular length of the short season, w- have big invez ments and put in unreasonable hours for too • ew potential cus •mers walking in . El Paseo is not a benefic ary of the area 's g •wth, less than 1% of locals shop here, s we ' re entirely depen• -nt on tourists. When they became a te ant I said "vacant unit - look bad for the street , so whateve they are it ' s better than it being empty" . Should I still f el that way? Beyond the ille. . 1 ( ? ) music, unsavory element- accompanied Kacoon ' s restauran • offerings : a certain person ailing down drunk as early as 11 • having sex on El Paseo . nd Lupine and in the parking lot, s• atting and uric. ing (no panties to pull down ) , confron - tions with more that one other tenant that were verbal and in - t least one in• iderit so physical the police were called - th other units fected by the negative attention and loosing p• ential sales - still more accusations and threatening confront. ions when K3coon ' a felt that person had called police, alleg. ions of drug trafficking and buying off city officials ( seen awing dinner and drinks there) , arguments between the owner and Valiakee.444 g•te 7. t4 &Ateeautteoce cta August 7 , 2000 Stove Smith page two hether or not these allegations are fact or gossip, t- ' rists d neighbors have heard or seen all this and busine- - has . en affected . While a person can ' t expect a 911 Riverside - eriff ' s o. ,rator to research city rulings , on July lth sidents who ca .' ed about the amplified noise were told "w- ave no notice fro' Palm Desert that Kacoon cannot have amp fied music" , "I sug• ,st you call the city when they reopen d have them get in t ., ch with us , or you can get a copy of he ruling and be at K. •oon when the police arrive" . "Ther- - nothing we can do if th_ , show us altered documents allow • amplified sound" . These e not verbatum quotes, but whe• the music is heard from H ' , 111 to Shadow Mountain, Sage,.' o San Pablo, wouldn ' t one thin ,. the city and police could , • something even if the paperwor ,•resented were legal? Wh;• good are public hearings unless th• '-e in authority want to. ' ake action to stop this? Lette of complaint have • " -n lost twice and this is unknown to 1;:,em, sweet William - s to date not received the current noti at their shop • home, my business is closed for four mont '•, yet that ' s wa: re the notice went so it ' s only an accident it` in time to espond , at least three other tenants are in . rope, sti ' others pick up mail periodically and may not unti after t '- meeting . Your position that those concerned have be pro•, ly notified doesn ' t hold water , it ' way too short noti., , you 've given Kacoon 's a decide advantage, continua. .'' If she has her way there will peakers so large and powerfu ' acoon 's will make it ' s point from Indio to Rancho Mirage . I , --,clear she ' s remained above the law , has been allowed to mak h_; own rules, couldn ' t care less about any but her own nq 'ds, .� • the rest of us have no support from those we should 've been .. e to count on - including the city, police, and our ; n manag-' -nt. Choices left are to invest in soundproofing , eep doors s -i t, or leave the area . At least three tenants ,• ave considere: this. Isn ' t it unfortunate? If this scenari•' were on TV' s INS`;-TIGATIVE REPORTS it would be a torrid cons ; racy, they ' d bring\� n a County or State prosecutor( and close with "what \ your opinion?" , I 'm ' e of few not confronte•r�- s yet by the owner of Kacoon, her second nearest neigh.• •r and resigned to obiding by the ty ' s decision because I can afford to relocate at this t ' e, so for these reasons will consent for this letti : to be used publicly or its conte be given to Kacoon. I shld be on record three times now, h. -ver, as objecting to t amplified music, in support of tho business and res'4dential neighbors it affects most . Whet r our letters wAA-al l become ghosts at city hall again -w-ill r_ - in a mystery . Sincerely, / `.,. .40 ECEIVEID AUr T 0 2000 COMMUNITY DEVELOPMENT DEPARTMENT CITY Or PALM DESERT • CITY Of PO [ fCl DE " - Rl 73-510 FRED WARING DRIVE 1.WI PALM DESERT,CALIFORNIA 92260-2578 TEL: 760 346-0611 • FAX: 760 341-7098 . info@palm-desrrr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.:CUP 93-7 AMENDMENT NO.2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by KACOON'S OASIS for an amendment to the existing conditional use permit to allow the use of electric or amplified music in the patio of the restaurant located at 73-405 El Paseo,Suite 32A. iI ' I DRIVE I CI" I s.Ft. = (- I�,Ibi II 21E1312 EMI NORTH PALM • me STATE Vri Ft E,m C 1 say. : C-1 W Nil ® .G �` �= SITE Pjb P t R-3 (4) lin N N 4) SHADOW MOUNTAIN DRIVE pit-3 13,0(0 (3) tistk., , __I I R-1 124 000 , 41 47 ..._ JOSNDA TREE STREET ,A-1 20,000 101 4 1 11 fq 0A JUNIPER STREET JUNIPER STREET /---?-1 I I I I I I I i::i i I I I SAID public hearing will be held on Tuesday,August 15,2000,before the Palm Desert Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 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 date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development/Planning 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(or City Council)at,or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL,Secretary August 2,2000 Palm Desert Planning Commission RECEIVED AUG 1 1 2000 Leslie and Jeanette Aikman 3628 Ocean Blvd. COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Corona Del Mar, CA 92625 Owners and Occupants of: 73-478 Shadow Mountain Dr. (El Paseo Village) August 10,2000 Palm Desert Planning Commission, City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Subj: Case No: CUP 93-7 Amendment No. 2 Electric/Amplified Music - Kacoon's Dear Planning Commission Members, First, we wish to thank you for your fine and often unappreciated work. As residents in the immediate adjoining property a few hundred feet from the subject premises, we are strongly against granting the electric and amplified music amendment requested by Kacoon's for the following reasons: 1 . If you, as members, have personally visited the site, you will note their space is very small. Kacoon's is a very small restaurant with a small patio. There is no reason why non electrified or non-amplified music cannot be heard adequately by their patrons. Not only will this be overkill for this small patio and restaurant size but will disturb and jolt adjoining residents plus passing pedestrians who enjoy the quality of the area. 2. Consider who it may benefit: Some additional customers who undoubtedly will consist primarily of tourists. Certainly very few from the residential neighborhoods who reside at Sandroc and El Paseo Village located within a few hundred feet of Kacoon's Oasis. Granting permission will lessen our right to enjoyment of our winter and permanent homes. We take quiet walks down Lupine Lane to El Paseo and pass Kacoon's Oasis every evening. Electrified music in this location is not necessary. Personally, this unwelcome "noise factor" will result in selling our property after 15 years of ownership. Property values for the individual owners closest to the subject premises will be affected. This is not fair. In this case the bad outweighs the good. Yours respectfully Leslie and Jeane a Aikman EL PM.3L_O VILLAGE HOMEOWNER'S ASwCIATION President:Mike Kouba Vice-President:Barbara Miller Secretary:Harriet Goodall August 14, 2000 RECEIVED 1I 15 2000 City of Palm Desert 73-510 Fred Waring Drive uutia�tut�iry E LOPM Nru�PANTM Nr Palm Desert, CA 92260-2578 CITYOF PALM DESERT Re: Legal Notice CASE # CUP 93-7 AMENDMENT NO. 2 Gentlemen, On behalf of the Board of Directors of El Paseo Village, located adjacent to KACOON'S OASIS, 73-405 El Paseo, Ste. A, Palm Desert, California, we wish to challenge the proposed action to amend the use permit for the use of electric or amplified music. We have had problems in the past with noise levels from both "John Stanley King's Café Mexico" and the "Black Bull", (corner of Highway 111 and San Pablo). Both establishments were shut down on several occasions by the Police Department for abusive "noise". We wish to go on record as AGAINST any changes to the existing use permit. Sincerely, Jim Farrell Property Manager For EL PASEO VILLAGE HOMEOWNERS ASSOCIATION A California Nonprofit Mutual Benefit Corporation CIO J.&W. Management Company P. O. Box 1398,Palm Desert,CA 92261 Telephone(760) 568-0349 FAX(760)346-4349 (f/i67G C n / e r(x-p /i 7 71 A ' Z DATE : 8/10/00 TO : PLANNING COMMISSION FROM: ROB WHEATLEY/ DESERT TENNIS BOUTIQUE RE :KACOON OASIS USE PERMIT WE AGAIN CAN ONLY REI'1'bRATE BEING OBJECT TO THE ALLOWANCE OF AMPLIFIED MUSIC IN OUR CENTER DURING RETAIL WORKING HOURS. OUR OPEN DOOR POLICY WEATHER PERMITING AND OUR BACKGROUND MUSIC WITHIN OUR STORE PREMISE CREATES A FRIENDLY SHOPPER ENVIRONMENT. WE ARE IN TOO CLOSE A PROXIMITY TO THE RESTAURANT FOR THAT INTERRUPTION . THEY ARE ALSO USING COMMON SPACE FOR THE SOLICITTATION OF MUSIC AND DINING. ROB WHEATLEY 1�. Z C DESERT TENNIS BOUTIQUE 73405 EL PASEO DR. 31 B PALM DESERT, CA. 92260 760 340 I320 RECEIVED ;AUG 152QMa COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT )it'A'.3,0 ' r 14V� > / -0 73-405 El Paseo k31C -4116 �40 V Palm Desert,CA.92260 �(�/ atQ(� Phone:760/340-4332 N Atty Fax:760/340-330 v TYli?AV) 2 ea,/ CO OA lid i AC t "Vo. 6,t/ Di 'ALAaIA/Vtfr 1 ‘41410 I.2-4) AN" '°1;4:411 : elAil • /' t i /I : ' / ' 4. Jet( h,�, , I. _ -x.a4, tag • i /wale eimmi ' Aall,poit:A 1 -7— ti„,„,),,,,,t,a , '(.0641444, fu-Ap i4 , , Ate e-ga- 1. , Pµ !t`,�`,� vl fr/ , C-glpflti I, , tiod (p-v )Hj ' 14 : L ' ' AiAt # ' , ' 4-40,4044,AAdi itick 014i, i 84-0. LIthev414:4144 A ,, / ' �"w 4tLAit 4 im„,,f;,A le iti:Lzil 40,61,;, obt:111,2,4imiZ;IT4 tv,t, 6:': FW#0, f 11 tg4 F t �U � `l � ilkle, dry �frti �,.�-2 'Q 4VAIAA Ili& r f " IP° 6 11 A 4. 1 44144,04"1 i i ' laiegiaAid-1 4 4:I 4 4 I 1)4 fAi74" 1411thrAlai 1,,,, ila 117111418 1 1 latt,i- d , , ' A,d iry M j,A4t° 1041241 1 aid ku ' 1 4 1 IA ' mil; ' 1 , :Ai iul;) i t i j nil did - - ' '' ' -44(4141119m i 1141/ 7tidt;i 1 I 4 0 1 4 . RECEIVED tis - -A1'1) 0AA )(6 / 141-4Ad.t COMMUNITY CEV PALM D I DEPERARTMENT CITY OFGullet• le(Pr. d-ems 2,e2.4 cep 7a(eOIe4. &i Afeeeu Ikeatd Sweet Sweet Z 'd1 mm.4 EI Paseo Village (In The Courtyard) PJ C`PWED Code Enforcement Department 5/8/00 AUG 1 U 2000 City of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENx CITY OF PALM DESERT Dear Sirs, This letter shall serve as a complaint against Kacoon's Oasis on Lupine and El Paseo in the El Paseo Village. Kacoon's is in violation of their permit issued in November of 1999 hearing that they were only allowed non-amplified music between the hours of 5:30 and 10:30 PM. Although I did not attend their bearing, I did send a letter of protest against amplified music. Throughout the season, Kacoon's has continually abused their permit. I have personally been subjected to their form of noise pollution six nights per week. I stay open for business in my gallery,next door, evenings and their music has been so loud at times that I have been forced to close my doors and go home. I've had numerous customer complaints pertaining to the noise. It is so overpowering that my clientele cannot hear me speak unless I raise my voice considerably. On March 12, 2000 their keyboard artist was not only too loud, but also had the restaurants patrons singing along, the noise was so substantial that I was forced to call the police (just one of six times). As with other times the police arrive and the music is turned down,but as soon as the officers leave the volume is turned back up. At times the volume of their music is so loud it can be heard from Shadow Mountain to Highway 111. I have attempted speaking with them in regards to this matter and they have dismissed my complaints stating that they are only using speakers_ Well, as speakers go these two are very large, measuring 18"x24"x30", and those two "speakers" are supporting keyboards, vocals and a drummer. The band sets up outside in the common area of the complex. This subjects all the other merchants in the area and any potential customers to Kacoon's music, whether they like it or Sweet Sweet 7Uill1am El Paseo Village (In The Courtyard) not. Furthermore the area they setup in was never intended for live musicians, and the equipment is in the way creating obstacles for anyone tying to get to any of the other shops in the complex. It is my understanding that their permit states that the music is to be limited to the interior of the establishment, not in the common courtyard area. I have been operating my business on El Paseo since 1980 and have never had to deal with anything remotely like this situation. What type of atmosphere do we want to project on El Paseo?Imagine if Mayo's,Hedi's Hide-a-Way, Mama Gina's, Julian's,Daily Grille or any of the other restaurants on El Paseo began operating in this manner? You can look to the problems Palm Springs has had in the last year to see what it could turn into. Don't you feel a situation of this type threatens the glamour, sophistication and beauty of El Paseo? I have no problem with the music; the problem is the volume. There is no need to amplify in a space that is so small as Kacoon's is. This noise pollution has and is hurting my business and the businesses that surround Kacoon's. Their bar-like atmosphere doesn't seem appropriate and I would like to ask for a clarification of their permit and to have actions taken to prevent them from ignoring the guidelines of said permit. Tharl you for your attention to this matter. RECEIVFo Respectfully submitted, Carol Zolan, Owner N U G 1 0 2000 COMMUNITY DEVELOPMENT DEPARTMENT CfTYOF PALM DESERT Sweet Sweet Williams Formerly Zolan's On the Avenue 674-0909 73405 El Paseo Ste 33A Palm Desert, CA 92260 C. 2r o a c' !,-- ./" • ' 1Y1f/rr7 r r-a ro i.r..0 9' t/ !:) P r yip ->';VC: rr(';A/ as{•y/1 s c7 t-mom., �f" 4 7- D'` / j / .14V/ /v ref,wz/& seeti'- ?'-J nA/ '-' /y"',/✓fj/ ' '"r. oy� - '- v Ej 9' 'f ry .Ci'7no(rl r,/v170, ..� -evTIG. 4-, �2n-Pr b' ran J'-' (" P> r / " ' o !s n/./ Ica r a-7 a n o7 Cr P L ("/ fr,ti►rrr) '7Afr' ) ' ' '8 ('.•p s/ /�V l rey d_c h/ (�+n l L. n �Y ea S/on/ 7-// QL a o S r,�i/ J-z"as� �'r rr� `+�NW(P eve ("i a�. '6cv. !al" r'-6'� 7` �rvali rD "a '-r-t9'1ati 6' (- � v � /7/4 /S f7� (1-1!I i`rc�/✓f PL 2 / e '7d�6 r .s���d r�G f"l"f}/S v/79 s f/r-1 • r/*s"7 c'1 t -6-1e/ `' 7L/ A1,7444 , A �-7 ems. SH'r771„ c..a-.S`O-rD,fY r S / - y69-0 'r-yoL `V2' %9 iv / /v /"`f� �N/.;GGRaI.� r C ' d�� /rsN/./ �O /'r•�Vh°00° �f' / /'j�/ al 7/4f -7- �'crI3� 0o / • /� r7'dF✓� 2L C1 P (,• cra-r oaf s i& tric• ,ems to' zw.,ayP��� Y o azr o- ry7 yA soW /sue//./ r07 -errO rny► m,r yF F 4ee re? 1113S30111Yd AO A110 1N3YV1NYd301N3VVd013A30 AlINf1Y11100 ea?'2`r tic.? 53e.' e/d r. o, rr/N,+,/Q� 6^'/fit► 7`/1!�'/�" 7n-'`1.45 OOI7Z 0 T my ,'-7. Rs., r hry-rr„! o Ai V canuoami ss9V-eav-BOB • ssezo 'Yw 'iinloa • 'ID iH1/S OS SS PirM ZYi�� 2G27°X g-Trx. : 5i xc SA( -TN Q.tJ / s' Al p / 0,c.,.p.,i ,? i D ,IV y N�1 fj .i i�r c a.l '+ iQ, 'ST c77aas �14 o 1t- /,191 r 476 /1 1 f/-4O c/.._.o 64 0 a-- /�e.7?'C:C.a1 0, Cc'-.. p.tds‘, r .a p/APA-/R !/s cpo.� i x AJc 7/V J ,z ,4 A /iA/CrJ otio / :1' i✓di H-, cit.; 71'iZ/n► %° i'c' S c c.2 r / lAics 9 d ! A 5/she> u4�� 8rli 7 re 7 3s- ` / ?-',49 CAP 9 2z 40o /— 74a - 7►.1 0% 05 �j0% %R.v'0 i o RECEIVED AUG G 15 2000 August 14,2000 COMMUNITY DEVELOPMENT DEPARTMENT CrTY OF PALM DESERT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 ATTN: Code Enforcement Department To Whom It May Concern, This letter is to formally object to the request by Kacoon Oasis for any and all amplified music on the patio( otherwise known as common area) located outside the footprint of the unit that they lease. Last December we visited this same subject,since then, despite the ruling of the city council that there be no amplified music outside of their unit and all music on the exterior be unamplified-Kacoon Oasis has blatantly ignored the ruling of the city council. I have enclosed a short cassette tape filmed just two days ago on August 12,2000 which clearly shows Kacoon Oasis violating their conditional use permit. You can clearly see an amplified keyboard as well as a saxaphonist sitting in common area,the owner of Kacoon Oasis approaching them and telling them to lower the volume then approaching me and asking such things as "do I have a decibal counter?"and"am I there to make trouble?" One would not need a decibal counter if she was within the guidelines of her conditional use permit, but from the very beginning they have ignored the rulings of the city,the complaints of their neighbors in lieu of their need to gain attention by amplified music. This has been a continous and ongoing struggle since the city gave their ruling in December of 1999. The effect of this noise pollution has taken a financial toll on my business. The CD business that I rely upon has dropped because my customers are not given an option to hear my music because Kacoon Oasis's amplified music is overwhelming and disturbing to the ambiance of my store. Even with my doors closed the sound permeates to the point that my customers cannot even hear themselves speak. The atmosphere of my store is not imposed upon any potential customer unless they decide to step in to the interior of my store however Kacoon Oasis does not offer a choice. Their amplified/electric music is inflicted upon passerbyer's,their retail neighbors,the residences behind El Paseo Village without invitation or permission. As merchants on El Paseo we pay 3 times the cost of a normal business license to be located on a prestige street in an upscale atmosphere. We do this gladly and rely upon the city to protect the integrity of the El Paseo community by mandating and upholding rules that govern for the best intrest of all concerned. With this in mind I request that Kacoon Oasis's petition for amplified/electric music not be granted and would even go so far as to suggest that their current conditional use permit be revoked as a consequence to their blantant violations of the policies set by this council eight months ago. The atmosphere that Kacoon Oasis has brought to the corner of Lupine and El Paseo includes but is not limited to: *-Daily outdoor cooking on common area patio(not authorized by the city) *- Sexual acts(oral copulation)by owner of Kacoon Oasison outdoor patio *- lewd and drunken behavior on a nightly basis by owner/customers. *-Threats to my physical being(which caused me to close in the evenings)by owners husband-a convicted felon. *-an overall atmosphere of disregard for the retail community in which they selected to do business. *-overpowering amplified/electric music which originates only 7 feet from my doorstep. In the conversation that I had with Gina,the owner of Kacoon Oasis, on August 12,2000 she indicated that this was her first restaurant business and perhaps that is why she selected a location inadequate/too small to serve as a full service restaurant and why she relies on the common area to do 75%of her business. We should not be penalized for her lack of experience in the restaurant industry. Furthermore, in El Paseo village's standard lease-Paragraph 12.3 -specifically states that lessees will not install amplified music that will be heard outside of their premises. Also, in Paragraph 9.4.6 it states that lessess shall not permit or suffer the common area to be used in a manner offessive or objectionable by reason of noise or interfere in any way with other lessee's businesses. In addition to the video cassete I have also enclosed still pictures of two other occassions where amplified music and a saxaphonist were engaged by Kacoon Oasis. Please note that on the pictures of the saxaphonist it is dated 1-9-00,only a month after your ruling which specifically disallowed a saxaphone playerand to add insult to injury in the afternoon hours which were also specifically prohibited.. These three examples(one on video cassete and two in pictures)are all on seperate dates and are a minute example of the daily struggle we have endured. In conlusion,to answer Gina's question-"am I trying to make trouble"-I would only reply that I am acting in good faith to ensure that her success does not come at the expense of all of her retail neighbors. While we would like to act within an atmosphere of cooperation Kacoon Oasis has made that impossible and it is for that reason that I respectfully seek to protect my financial investment as I enter my fourth season on El Paseo by -. .,• : asking the city council to deny Kacoon Oasis's application for electric/amplified music on the common area patio. Thank You, Trac Randall,Owner NASA Gifts from e Heart an The Feathered Nest 73-405 El Paseo,Su. 31 A&D Palm Desert,CA 92260 n, • , „ 1,o'lo,,.: ,' . r',,,, ' * 1 I ir al 1 , .„, loin , 1; %._ •k" 11 -oir-fik 4 ,A , ..„. . .1.1 hl" ')11 4" ' it - - - ,-'". ---." '• .".-- _, ---, '_..: Ot k I-. 1h' ' - - 0114,3t - _ * * i tl- . § i ' . . 414 . - I .. i ' t, . . , # ' , # ; 11' • - ' - ,,4 ik- U. t 'III . ' , /".: ' • 1 0 ' , ** *.. * • ' wo �� 4tia a *y4 (J \.a , law0 t 1 1 411?! ° * 41 ') ,, • -7-— ,_ k a_.i,-,,—, -_-• ,, ------ = -4'''' -' - -- 'l' — — - --' a —1'- '1-----'16""i'--- k ' ' i a �. { - n - . 1 W°1-4 ' -- '11 — -: . _ ,._ ."" _ M . - . _ .,_ i _ar , , ... 1 ‘ 4` -- '.."'=. .-4.-'4--- '0 -'.- ' .'- '''Ita-,--- -- , -'' .-. .., ,,,,_. __ A %i 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 commissionAid' .find the •fallowing , facts. and 3,;< . reasons -to`• exist to- .justify the: granting of •said conditional use permit: 1 . ; :Ti , restaurants ; om complexes he locat areon`con1ofplimentary and beneficial ithin retail to retaicl :tenantsmercial in the vicinity s. , I 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 goal's :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 ROBERT A SPIEL , airman ,, .. 1 ATTEST: 1 144 6 , . RAMON�-A. DIAZ,� c ary �_ 2 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 feet1 in area. 4 . An additional restroom shall be :required:.:per,. UBC: .r.�equirements. to 1, the' satisfaction of the director 'of building.-and ;safety. 5. The awning at 73-241 Highway ".111 shall; be removed prorto ' ; issuance: of Certificate of Occupancy.Z: . t, . • JW/tm p 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 amendments 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 opposition 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 residential dwellings to the south and concern expressed by nearby tenants in the center. We can support that non- amplified music be permitted from 11:00 a.m. until 9:00 p.m. This would require that the property owner alter his consent to allow 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. 7 A PLANNING COMMISSION DECEMBER 7, 1999 STAFF REPORT CUP 93-7, AMENDMENT #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: St VE SMITH PLANNING MANAGER b : Reviewed and Approved Y PNILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT wpdocs\sr\cup93-7#.2pc 3 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 93-7 AMENDMENT #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 . II 2 . That approval of Conditional Use Permit 93-7 Amendment #1 is hereby granted, subject to the attached conditions . PLANNING COMMISSION RESOLUTION NO. 1736 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 PAUL R. BEATY, Chairp son ATTEST: P ILIP DR , ecretary Palm Dese t P1auA4441--Commission 2 /or. MING 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 45421 Lupine #3 Palm Desert, CA 92260 August 15, 2000 Community Development-Planning City Hall-Civic Center Dear Community Development-Planning: I am writing to you on behalf of Kacoon's Oasis Restaurant and the issue of their request to amend their conditional use permit. I not only work on El Paseo at J Russell Salon & Day Spa, but I also live directly across the street from Kacoon's Oasis. I am a frequent patron and enjoy dining at the restaurant 3 to 4 times a week, often with my 14-year-old daughter. The light Jazz music they feature nightly is very refreshing, especially since most of the restaurants on El Paseo are closed for the summer. It's been wonderful to have a nice place to go with my daughter and a place that I have recommended to many of my clients. The issues that have been brought up as to the music being too loud and disturbing, I find to be erroneous. I live directly across the street, I don't have a hearing impairment,and neither does my daughter. We have never heard any of the"loud disturbing "music that Kacoon's fellow business neighbors are complaining about. As a matter of fact we can't hear any of the music from my condo. Please let this serve as a valid letter of support for Kacoon's Oasis to continue with their refreshing outdoor music. Sincerely, go Johnny And Law Offices Of PHILLIP La ROCCA August l, 2000 To: City of Palm Desert Re: Kacoon Oasis I am a resident of Palm Desert presently residing in Ironwood Country Club. I enjoy the many and varied shops on El Paseo and I am a frequent patron of Kacoon's as I enjoy dining out and listening to music. I understand Kacoon's is applying for a permit to continue providing music on its patio. I fully support this application. It is quite pleasant when shopping El Paseo to stop and relax, dine, and enjoy the music. This is an attraction and not at all a distraction or annoyance to the surrounding area. As I recall, the former owner, Mona London, had a license to provide the exact type of entertainment. I hope you will permit this to continue. Respectfully- Phillip R. LaRocca 42450 Bob Hope Dr., Rancho Mirage, CA 92270 Rancho Mirage: (760) 341-1943 Riverside: (909) 686-8533 Jewelers & Manufacturers Since 1947 _ _ 73655 El Paseo, Suite F • Palm Desert, California 92260 (760) 773-1763 • FAX (760) 773-3602 Toll Free: (800) 548-3517 e *1 g( çkt� /6.A__/ 0„,e, 774 e /tteA,&(--e- 62,‹4_ n wy G�- ;4 At- / auz- 10)d,t,L4) ied—L-&-KA cz-e&,.; 216,4 /ajc/u4->fc.e,c_i2_, Email: jcdeluca@gte.net website: http://PalmSprings.com/ElPaseo/DeLuca .. ,, •. 1 Jewelers & Manufacturers � since 1947 I � _- T-� �aT - _ �--- ... - __--_ - - - ..` - 73655 El Paseo, Suite F • Palm Desert, California 92260 (760) 773-1763 • FAX (760) 773-3602 Toll Free: (800) 548-3517 R )-a'e-e9 - 0 Aci...„ Email: jcdeluca@gte.net — website: http://PalmSprings.com/E1Paseo/DeLuca • , . FROM THE DE EI COWARDQED A. DUNN oQsEpo 11#0 G . C./ T y P,e 5t . Cl C EZJ4 vFFicf 6ifE i/o4 (. LiP 5 -'7 n«i4nta ilh. e. THE Pi-.1Nr ' o M pv l/�u P s TC HEIR r1r co AR 1.Ocla rfp ,geckr- 1 eo PT: PT o / M cOo i/ ( caH ra( if 1t1G/SY ti AND RE, Way you Or / THE 412PiAL , •1/16EAA).6/ 15,. , 45-- g2it, uPagELiv PAL-ki Pestryrj �� of`zz6-O RECEIVED 'o0sEP21 Hpi Edith&Owen Miller 11 36 45-421 Lupine Lane#6 CITY OLE Palm Desert, CA 92260 $ Orplof Phone 760-346-0497 9-18-00 City of Palm Desert 73-510 Fred Waring Dr. Palm Desert, CA 92260-2578 Attention: City Clerk Subject: Kacoon Oasis request for use of electric or amplified music. Comments: We live at 45-421 #6 Lupine Lane. Last winter we found the music offensively loud and it bothered our sleep. We complained to the police twice but noticed no results. We may have to find another place to live if the music continues that loud. Please consider the people living near enough to be bothered by the loudness. Sincerely yours, Owen G. Miller • at-4x' Edith A Miller o // 1 1• (L / ) L LL L( L. • + . GINA FULLMAN RECEIVED '00 RUG 29 1'(9 4 13 TRANSMITTAL MEMO CITY CLERK'S OFFICE TO: HAND DELIVERED CITY CLERK CITY OF PALM DESERT DATE: August 29, 2000 RE: CASE NO 93-7 /GINA FULLMAN/KACOON' S OASIS/ CUP / Planning Commission Action of August 15, 2000 ENCLOSED: Application to Appeal and Check to City in amount of $50 . 00 . V( For Your Information and Records s We Discussed Other I will be providing City Planning Department Staff and Council a more detailed statement of my position and reasons for the appeal by separate letter. I will not be able to attend a hearing of the City Council if held on September 14, 2000 but can attend a meeting on September 28, 2000. I would request that that the matter be continued pending a sound study on the sound systems used by musicians playing on the patio of my restaurant as to both amplified and non amplified music to determine compliance with City Ordinances . Please advise me at 760 837 9673 or 760 346 3224 if there are any problems regarding the Application to Appeal. Very Truly yours, Kacoon' s asis r By: a Full a rauv- c.�—avo a a a co racura: ..a a s ur rr�a.ra ur.oar aca aa+= .oar ui a r a/a..0 a r-la•a. c.. • 3/91 r� ij to �\ CITY OF PALM DESERT, CALIFORNIA �� -�= APPLICATION TO APPEAL CD •.kd� timed • _= •• ;f°=sti=3� DECISION OF THE PALM DESERT PLANNING COMMISSION CD G, 23 (Name of Committee/Commission) ( o c' Fri v Case NO.93-7 Amendment#1 . Meeting Date: August 15,2000 —C CO Name of Appellant Gina Fullman,dba Kacoon's Oasis • Address 73-405 El Paseo Palm Desert Ca.92260 Phone: (760 ./46 3224 Description of Application: I applied for an amendment to my Conditional Use Permit as it relates to my being able to have live entertainment on the Patio subject to the City Noise Ordinance requirements. I WISH TO APPEAL THE ENTIRE ACTION OF THE PLANNING COMMISSION ON THIS MA I-1 ER TAKEN ON AUGUST 15,2000. Reason for Appeal: I wish to affirm that I will comply with all City or Palm Desert codes. Most"state of the art"musical instruments are electronic and thus require some amplication but the volume can be controlled. I will adhere to the noise Ordinances of the City as well as the concerns of my neighbors. This music is vital to the success of my business. Additional grounds will be set forth in a letter addressed to Palm Desert Planning Commission Staff and City Council Signature of Appellan SI29ioo FOR OFFICIAL USE ONLY • Date Appeal Filed: Yam ,1�`}`'���' Fee Received: ` J\1 Treasurer's Receipt #: _ Received by: - Public Hearing Set For: Action taken by the City Council: Date: Sheila R. Gilligan, City Clerk 00 73405 El Paseo ��� ""<c.•C' K a (av aigi# Palm Desert,CA 92260 x? \` CP 10 02 September 13, 2000 73510 Fred Waring Dr. Palm Desert, CA 92260 Dear Mayor, Buford A. Crites: I wish to apply for a continuance of the revocation of my conditional use permit. I also request that the City of Palm Desert conduct a sound study on the sound systems being used by musicians playing on the patio of my restaurant, Kacoon's Oasis. I ask that the City do a sound check for both amplified and non-amplified music to determine the noise level. The majority of state-of-the-art musical instruments are electronic; thus, amplification is part of the system. However, volume can be controlled and I will adhere to the noise regulations established by the City. I believe that music is vital to the operation of my business. It helps to create a very special ambience in my patio area and to the shopping center where I am located. El Paseo is one of the finest shopping streets in the world. Many of my customers agree that Kacoon's Oasis embodies the spirit of El Paseo. They enjoy the supper club atmosphere of dining in the patio while listening to music. There is fine weather most of the year in Palm Desert; the use of the patio is essential to the success of my business, as people wish to eat outside. I sincerely apologize for breaking the rules of my conditional use permit, and affirm that I will comply to all City of Palm Desert codes in the future. However, an attorney and former judge who frequents my restaurant has advised me that under the City ordinances, I was entitled to music up to 65 decibels. Please consider letters,which will be mailed to the City, as testimony that merchants on El Paseo are in support of music being played in the patio of my restaurant. I request that my application for continuance be heard before the Palm Desert City Council at the September 28, 2000 meeting. Sincere , Gina Fullman Owner, Kacoon' Oasis