HomeMy WebLinkAboutCC RES 01-008RESOLUTION NO. 01-8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST TO AMEND THE EXISTING CONDITIONAL
USE PERMIT TO ALLOW 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 City Council of the City of Palm Desert, California, did on the
25th day of January, 2001, 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 City Council
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 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 commission in this case.
2. That approval of Conditional Use Permit 96-15 Amendment #2 is hereby
granted, subject to the attached conditions.
RESOLUTION NO. 01-8
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 25th day of January, 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
, MAYOR
-Fe1 S EILA G LIGAN, CITY CLEaK i...ta'.----
CITY OF PALM DESERT, CALIFORNIA
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RESOLUTION NO. 01-8
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 shall be limited to 11:30 p.m. and shall comply with the noise
sound level limits for residential properties prescribed Chapter 9.24 of the
City Municipal Code.
4. The subject conditional use permit shall be valid for a 6-month period from the
date of Planning Commission approval (i.e. December 5, 2000). After the six-
month trial period, the City Council shall hold a public hearing to determine if 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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