HomeMy WebLinkAboutCC RES 08-044RESOLUTION NO. 08-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO
ELIMINATE NIGHTLY 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 City Council of the City of Palm Desert, California, did on the 15th day of
May, 2008, hold a duly noticed public hearing 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,
documentary evidence, and arguments, if any, of all interested persons desiring to be heard,
said Council did find the following facts and reasons to exist to justify the granting of said
amendment to the conditional use permit:
I. Augusta has consistently failed to comply with the conditions of approval of CUP 96-15
and the Palm Desert Municipal Sound Ordinances, 9.24 et seq., in that:
A. Augusta Restaurant has on numerous occasions during 2007 and 2008 caused,
through its use of outdoor amplified music, disturbing, excessive, and/or offensive
noise, which has resulted in discomfort and/or annoyance to reasonable people of
normal sensitivity residing in the area surrounding the Augusta Restaurant in
violation of Municipal Code § 9.24.040.
1. Over the last several years there have been numerous neighborhood
complaints.
2. At the hearing, the following neighbors testified that they had been
disturbed and/or annoyed by the outdoor amplified music at Augusta's:
a. Brian Harnik
b. Marian Royston
c. Charles Hazard
d. Joe Litjens
e. Don Melvin
f. Beverly Buries
RESOLUTION NO. 08-44
3. Members of the City of Palm Desert Code Enforcement/Planning Staff,
including specifically Hart Ponder, Shawn M. Kilpatrick, Ryan Stendell, and
Johnny Terfehr, have conducted independent personal observations of the
impact of the amplified music played at Augusta Restaurant, and have
observed that the noise was disturbing, excessive, and/or offensive and
would, in the opinion of the staff, cause discomfort or annoyance to a
reasonable person in the observed areas.
B. Augusta Restaurant has played outdoor amplified music at various times during
2007 and/or 2008 after 11:30 p.m. in violation of the conditions of approval of
Augusta's Conditional Use Permit, CUP #96-15.
C. Members of the Code Compliance/Planning Staff at the City have taken sound
measurements of the outdoor amplified music at Augusta Restaurant, including
one hour A -Weighted Sound Readings. Those readings showed numerous
instances where Augusta's Restaurant sound level after 10:00 p.m. exceed 55 db,
including, but not limited to the following:
November 2, 2007 (58.92 db), December 15, 2007 (57.42 db), December 22, 2007
(58.31 db), January 12, 2008 (55.45 db), February 16, 2008 (56.24 db),
February 23, 2008 (56.46 db), February 29, 2008 (55.47 db), March 1, 2008
(56.21 db), March 8, 2008 (58.22 db), March 14, 2008 (56.92 db), March 15, 2008
(58.45 db), March 21, 2008 (56.03 db) March 28, 2008 (59.76 db), March 29, 2008
(56.19 db), April 3, 2008 (56.15 db), April 4, 2008 (56.93 db), April 5, 2008
(55.65 db), April 10, 2008 (55.03 db), April 11, 2008 (56.24 db), April 12, 2008
(56.64 db), April 18, 2008 (55.23 db), April 19, 2008 (56.33 db), April 25, 2008
(58.65 db), May 3, 2008 (56.83 db), May 9, 2008 (57.82 db), and May 10, 2008
(56.83 db).
II. The continued playing of outdoor amplified music at Augusta Restaurant jeopardizes the
right of residents of the City of Palm Desert to an environment on and surrounding their
property in which noise is not detrimental to their life, health, or enjoyment of such
property.
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 approval of Conditional Use Permit 96-15 Amendment No. 3 (Modified) is
hereby granted, subject to the attached conditions.
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RESOLUTION NO. 08-44
PASSED, APPROVED and ADOPTED at a special meeting of the Palm Desert
City Council, held on this 22nd day of May, 2008, by the following vote, to wit:
AYES: FINERTY, KELLY, SPIEGEL, and BENSON
NOES: FERGUSON
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. SE`N, CITY CLER
CITY OF PALM DESERT, CALIFORNIA
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. BENSON, MAY
RESOLUTION NO. 08-44
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. Music on the outdoor patio area of the Augusta's Restaurant shall be limited to non -
amplified music and be consistent with Chapter 9.24 of the Palm Desert Municipal Code.
4. 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.
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