HomeMy WebLinkAboutCUP 96-15 Additional Correspondence Stendell, Ryan
From: Brian Harnik[bharnikl @dc.rr.com]
Sent: Tuesday, January 15, 2008 7:21 AM
To: Stendell, Ryan
Cc: Aylaian, Lauri
Subject: Planning Commission mtg/Augusta item
Dear Ryan:
I would be grateful if you would provide a copy of this email to the Planning Commission for its consideration of the
Augusta Restaurant item (CUP96-12).
Dear Commissioners:
My wife Jan and I live in Palm Desert with our four daughters at 73-901 Shadow Lake Drive. (Our backyard abuts
the Shadow Mountain resort tennis courts). I have lived in Palm Desert for more than 15 years, and have lived in the
Coachella Valley for 20 years. Had it not been for a pre-existing schedule conflict, we would attend the January 15, 2008
meeting to voice our position in person.
We love Palm Desert, and have great respect for our local leadership that has balanced residential quality and
commercial development, with sensitivity to the environment. We especially love living in South Palm Desert, as it is
quiet, yet relatively close to El Paseo and the 111 commercial corridor.
We support businesses and restaurants, including Augusta. However, we are very concerned and upset about the
chronic violations of the City imposed conditions of approval for the outdoor music, and the repeated sound excesses.
For whatever physical reasons,the music from Augusta travels such that it sounds as if there are frequent wild parties
immediately next door. When our girls were younger, we had to keep the windows closed at night, as the noise would
frighten them. Periodically, we would complain to the sheriff's department, who seemed powerless to stop the problem.
The only way to stop the problem is for the City to enforce its existing conditions and ordinances.
We have no issue with music before 10 pm on weekends. However, it is the sounds after 10 pm that are
unacceptable. Moreover, this is not a recent issue. This has been ongoing for years. It is disturbing. As I understand the
history, the issue of potential noise disturbance was on the city's"radar"when it first allowed Augusta to have outdoor
music. Such concerns were and are justified. The issue should not be the financial viability of a business that violates
conditions and/or sound ordinances. The issue is whether the City should allow repeated and ongoing violations of
reasonable conditions.
This is not just about one business. This is about policy and striking that careful balance. If the Augusta sound
violations are not addressed,then why shouldn't other restaurants in the City be permitted to violate conditions or
ordinances?
We understand that staff,the Council and the Planning Commission have spent substantial time and effort to stop
the noise violations. The City should be applauded for being supportive of local businesses. However, there comes a
point in time when boundaries must be strictly enforced. Whether Augusta has attempted to fix the problem is irrelevant.
Please do not confuse effort with results. We are entitled to the reasonable tranquility of our neighborhood.
Thank you for your consideration.
Jan and Brian Harnik
73-901 Shadow Lake Drive
Palm Desert, CA 92260
(760) 861-7542
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