HomeMy WebLinkAboutRes No 1961PLANNING 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.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 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. 97-18," 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
ATTEST:
ST F�HEN'R. SMITH,Actin Secretary
g
Palm Desert Planning Commission
411110
AVAIL
SABBY J ATHAN, Chairperson
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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.
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