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HomeMy WebLinkAboutRes No 1736PLANNING 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. 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 ATTEST: PAILIP DR , ecreta y Palm Dese t PJ.axa4Ag--Commission 2 PAUL R. BEATY, Chairpson PLANNING 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