HomeMy WebLinkAboutCC RES 00-120RESOLUTION NO. 00-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DENYING AN APPEAL TO A DECISION OF
THE PLANNING COMMISSION DENYING A REQUEST FOR
ELECTRIC OR AMPLIFIED INSTRUMENTS IN THE RESTAURANT
PATIO AND AMENDING THE CUP TO PROHIBIT ALL
ENTERTAINMENT/MUSIC ON THE PATIO AT 73-405 EL PASEO,
SUITE 32A.
CASE NO. CUP 93-7 AMENDMENT #2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day
of September, 2000, hold a duly noticed public hearing to consider an appeal by Kacoon's
Oasis for the above noted request; and
WHEREAS, the Planning Commission by its Resolution No. 2010 denied the amendment
request for reasons specified therein; 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 City Council did find the
following facts and reasons to exist to justify denial of said appeal:
1. The applicant/operator has failed to operate within the conditions of its
conditional use permit as provided for in Planning Commission 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
city council in this case.
2. That the appeal to the Planning Commission decision is hereby denied.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 28th day of September, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
BENSON, FERGUSON, KELLY, CRITES
NONE
SPIEGEL
NONE
BUF0RD A 'MITES, Mayor
ATTEST:
7-1
SHEI A R. GILLIGAN, CITY CLERK v
City of Palm Desert, California