HomeMy WebLinkAboutRes No 2032PLANNING COMMISSION RESOLUTION NO. 2032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
NIGHTLY AMPLIFIED MUSIC IN THE OUTDOOR DINNING PATIO
AREA OF AUGUSTA RESTAURANT LOCATED AT 73-995 EL
PASEO DRIVE.
CASE NO. CUP 96-15 Amendment #2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of December, 2000, hold a duly noticed public hearing to consider the request of
DENISE ROBERGE for the above mentioned use; 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 project
is a Class 3 Categorical Exemption for purposes of CEQA and no further documentation is
necessary; 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 proposed location of the conditional use is in accord with the objectives of
the zoning ordinance and the purpose of the district in which the site is
located.
2. 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.
3. The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
4. The proposed conditional use complies with the goals, objectives, and policies
of the city's adopted general plan.
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.
PLANNING COMMISSION RESOLUTION NO. 2032
2. That approval of Conditional Use Permit 96-15 Amendment #2 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 5th day of December, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
/1j(--Q---C.-1
PHILIP DRELL,Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2032
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Amendment #2
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
3. The outdoor music location shall be limited to the outdoor patio dinning area,
immediately adjacent to the restaurant south elevation as illustrated on Exhibit "A"
attached.
4. The outdoor music shall be limited to 10:30 p.m. on Friday and Saturday nights only.
The outdoor music shall comply with the noise sound level limits for residential
properties prescribed Chapter 9.24 of the City Municipal Code.
5. The subject conditional use permit shall be valid for a three-month period from the
date of Planning Commission approval. An extension to the conditional use permit
may be granted by the Planning Commission if the Commission determines that after
the three-month period the use has demonstrated conformance with the conditions of
approval and has been found to be compatible with the adjacent properties.
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