HomeMy WebLinkAboutRes No 2102PLANNING COMMISSION RESOLUTION NO. 2102
A RESOLUTION OF THE PLANNING COMMI SSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST TO AMEND THE EXISTING CON DITIONAL USE
PERMIT TO ALLOW NIGHTLY AMPLIFIED MUSIC
ENTERTAINMENT IN THE OUTDOOR DINING PATIO AREA
OF AUGUSTA RESTAURANT LOCATED AT 73-951 EL
PASEO DRIVE.
CASE NO. CUP 96-15 Amendment #3
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of November, 2001, hold a duly noticed public hearing to consider the request
by 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 amendment
to the 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 va riances or adjustments.
4. The proposed conditional use complies with the goals, objectives, and
policies of the city's adopted general plan.
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PLANNING COMMISSION RESOLUTION NO. 2102
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 96-15 Amendment No. 3 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 20th day of November, 2001, by the following vote, to
wit:
AYES: CAMPBELL, FINERTY, TSCHOPP, LOPEZ, JONATHAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DREL , Secretary
Palm Desert ' tanning Commission
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PLANNING COMMISSION RESOLUTION NO. 2102
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Amendment No. 3
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 shall be limited to 11:30 p.m. and shall comply with the noise
sound level limits for residential properties prescribed in Chapter 9.24 of the City
Municipal Code including but not limited to the following:
Time Applicable 1-hour average sound level decibels measured
At the property line.
7:00 a.m.
10:00 p.m.
to 10:00 p. m.
to 7:00 a.m.
65 decibels
55 decibels
4. The outdoor music location shall be limited to the outdoor dining area, immediately
adjacent to the restaurant south elevation as illustrated on Exhibit "A".
5. The subject conditional use permit may be reviewed and amended by the Planning
Commission after one year if there is evidence that the entertainment use creates
a noise problem or other significant negative impacts on the surrounding
neighborhood.
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