HomeMy WebLinkAboutRes No 2010PLANNING 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 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 15th 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. 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.
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: CAMPBELL, FINERTY, BEATY
NOES: NONE
ABSENT: JONATHAN, LOPEZ
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecreary
Palm Desert Pla ning Commission
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PAUL R. BEATY, Chairperson