Loading...
HomeMy WebLinkAboutRes No 2462PLANNING COMMISSION RESOLUTION NO. 2462 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO AMEND THE EXISTING CONDITIONAL USE PERMIT TO ELIMINATE AMPLIFIED MUSIC IN THE OUTDOOR DINING PATIO AREA OF AUGUSTA RESTAURANT LOCATED AT 73-995 EL PASEO DRIVE. CASE NO. CUP 96-15 AMENDMENT NO. 3 (MODIFIED) WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of December, 2007, hold a duly noticed public hearing, which was continued to December 18, 2007 and January 15, 2008, to consider 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. 06-78," 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. That the City has documented on December 11, 2004 (11:00 pm © 62 db), March 11, 2005 (10:55 pm @ 62.27 db), November 2, 2007 (10:32 pm @ 59.67 db), December 15, 2007 (10:36 pm @ 57.93 db) and December 22, 2007 (11:19 pm @ 60.22 db) that by allowing amplified music to be played at levels not permissible by the approved Conditional Use Permit or the City's noise ordinance Augusta's Restaurant has failed to comply with applicable provisions of the Palm Desert Municipal Code. 2. That on December 11, 2004 (11:00 pm @ 62 db), March 11, 2005 (10:55 pm @ 62.27 db), November 2, 2007 (10:32 pm @ 59.67 db), December 15, 2007 (10:36 pm @ 57.93 db) and December 22, 2007 (11:19 pm @ 60.22 db) Augusta's Restaurant has failed to comply with condition number three imposed by Conditional Use Permit 96-15 Amendment No. 3 as it relates to outdoor music being played until 11:30 pm subject to the City's approved Noise Ordinance (Chapter 9.24 of Palm Desert Municipal Code); and 3. That based on numerous noise complaints from more than ten surrounding residents and Code Enforcement/Planning staff observation is that, Augusta's Restaurant has by playing amplified music in close proximity to nearby residential properties created a public nuisance in violation of the Palm Desert Municipal Code and the approved Conditional Use Permit, specifically condition number three of Conditional Use Permit 96-15 Amendment No. 3 as it relates to outdoor music being played until 11:30 pm subject to the City's approved Noise Ordinance (Chapter 9.24 of Palm Desert Municipal Code). PLANNING COMMISSION RESOLUTION NO. 2462 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 (Modified) eliminating amplified music in the outdoor dining patio area 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 15th day of January, 2008, by the following vote, to wit: AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP NOES: NONE ABSENT: NONE ABSTAIN: CAMPBELL ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 ..r SONIA M. CAMPBELL, Chairp rson ism PLANNING COMMISSION RESOLUTION NO. 2462 CONDITIONS OF APPROVAL CASE NO. CUP 96-15 AMENDMENT NO. 3 (MODIFIED) 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