HomeMy WebLinkAboutBINDER - BB&K - 5/15/08 PALM DESERT V. AUGUSTA'S
INDEX OF DOCUMENTS
Exhibit Descrintion
A Resolution/Conditions
B Ordinance
C Map
D Chronological—Activity Report
E Augusta's Sound Levels by Month—Nov 2007 to May 2008
F Augusta's at a Glance— Sound Levels March 1, 2008 to April 19, 2008
G City Staff—Reasonable Person Observations
H Application to Appeal Decision of Planning Commission (Jan 20, 2008)
and Related Materials from Planning Commission Hearing
I Historical File re Applications for Amendment to CJP
J Correspondence
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� RESOLUTION NO. 01 8
A RESOLUTION OF THE CITY COUNCIL OF THE
C�TY OF PALM DESERT, CALIFORNIA, APPR.OVING 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� Califom:a, did on the
25th day of January, 2001, hold a duly noticed public hearing to consider the re
of DENISE ROBERG� for the above mentioned use; and quest
WHEREAS, said application has complied with the requirements of the "Ci of
Palm Desert Procedure for Implementation of the Califomia Environmental Qualit �
Resolution No. 00-24,"in that the Director of Community Development has determiA�
that the project is a Class 3 Categorical Exemption for purposes of CEQq a�d ed
further documentation is necessary; and no
WHEREAS, at said public hearing, upon hearing and consideri
and arguments, if any, of all interested persons desiring to be heard, said Cit Cou
did find the following facts and reasons to exist to justify the rantin n9 all testimon�
, use permit: 9 g of said conditi nal
�• 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 conditior�al 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
provisions of this title, except for approved variances or ad,uStme Sble
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 Cit of P
Desert, California, as foltows: Y alm
� 1• That the above recitations are true and correct and constitute the findin
of the commission in this case. gs
2. That approval of Conditional Use Permit 96-15 Amendment#2 is here
granted, subject to the attached conditions. by
PD 0001
RESOLUTION NO. 01-8
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert `
City Council, held on this 25th day of Januarv, 2001, by the following vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�� .
JIM FE GUS , MAY R
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ATTEST: . .. .. . �'� �
� S EILA . G Li AN, CITY C K
CITY OF PALM DESERT, CAIIFORNIA
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PD 0002
� �
RESOLUTION NO. 01-8
CONDITIONS OF APPROVAL
CASE NO. CUP 96•15 Amendment#2
Deaartment 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.
P� ��03
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IV. OFFENSES AGAINST PUBLIC PEACE Page 1 of 5
Palm Desert Municipai Code
Up Previous Ne�ct Main Cotlapse Search Print
Title 9 PUBLIC PEACE,MORALS AND WELFARE
IV.OFFENSES AGAINST PUBLIC PEACE
Chapter 9.24 NOISE CONTROL
9.24.010 Purpose. � __T____.___—_ �. _ —_ _�. __ _..�
The city council finds and declares that:
A. Inadequately controlled noise presents a growing danger to the health and welfare of the residents of the city of Palm Desert;
B. The making and creating of disturbing,excessive or offensive noises within the jurisdictional limits of the city of Palm Desert is
a condition which has persisted,and the level and frequency of occurrences of such noises continue to increase;
C. The making,creation or continuance of such excessive noises,which are prolonged or unusual in their time,place and use,affect
and are a detriment to the public health,comfort,convenience,safety,welfare and prosperity of the residents of the city of Palm Desert;
D. Every person is entitled to an environment in which the noise is not detrimental to his life,health or enjoyment of property;and
E. The necessity,in the public interest,for the provisions and prohibitions hereinafter contained and enacted is declared to be a
matter of council determination and public policy,and it is further declared that the provisions and prohibitions hereinafter contained and
enacted are in pursuance of and for the purpose of securing and promoting the public health,comfort,convenience,safety,welfare,
prosperity,peace and quiet of the city of Palm Desert and its citi2enry.(Ord.420(part), 1985)
9.24.020 Definitions.
"A-weighted sound level"means the sound pressure level in decibels as measured on a sound level meter using the A-weighting
network.The level to read is designated db(A)or dBA.
"Ambient noise level"means the all encompassing noise level associated with a given environment,being a composite of sounds from
all sources,excluding the alleged offensive noise,at the location and approximate time at which a comparison with the alleged offensive
noise is to be made.
"Average sound level"means a sound level typical of the sound levels at a certain place during a given period of time;also,means an
equivalent continuous sound level.
"Construction equipment"means any tools,machinery or equipment used in connection with construction operations,including all
types of"special construction"equipment as defined in the pertinent sections of the California Vehicle Code when used in the
construction process on any construction site,home improvement site or property maintenance site,regardless of whether such site be
located on-highway or off-highway.
"Cumulative period"means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Decibel"means a unit measure of sound level noise.
"Disturbing,excessive or offensive noise"means any sound or noise from any source in excess of the sound level or noise level set
forth in Section 9.24.030.
"Emergency machinery,""vehicle"or"work"means any machinery,vehicle or work used,employed or performed in an effort to
protect,provide or restore safe conditions in the community or for the citizenry,or work by private or public utilities when restoring
utility service.
"Fixed noise source"means a stationary device which creates sounds which are fixed or motionless including but not limited to
industrial and commercial machinery and equipment,pumps,fans,compressors,generators,air conditioners and refrigeration equipment.
"Impact noise"means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or
rest.
"Mobile noise source"means any noise source other than fixed noise source.
"Noise level"means the same as"sound level:'T'he terms may be used interchangeably herein.
"Person"means a person,firm,association,copartnership,joint venture,corporation or any entity,public or private in nature.
"Portable powered blower"means any mechanically powered device,regardless of the source of power,which is not stationary,and
used for the purpose of blowing leaves,dirt or other debris off sidewalks,lawns or other surfaces.
PD 0004
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IV. OFFENSES AGAINST PUBLIC PEACE Page 2 of 5
"Simple tone noise"means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be
readily distinguished.
"Sound level"(noise level)in decibels is the quantity measured using the frequency weighting of A of a sound level meter as defined
herein.
"Sound level meter"means an instrument meeting American National Standard Institute's Standard SL.4-1974 for type 1 or type 2
sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.(Ord.842
§ 1, 1997;Ord.691 § 1, 1992;Ord.420(part), 1985)
9.24.030 Sound level limits.
A. The following ten-minute average sound level limits,unless otherwise specifically indicated,shall apply as indicated in the
follow table:
Applicable Ten-Minute Averrge DecibN Applicable Ten-Minute Aver�ge Dccibd
Z°°e T��°e Limit(A-Weighted) Limit(C-Weighted)
Residrntial— 7 a.m.to 10 p.m. SS Sd
All mna
10 p.m.to 7 a.m. 45 48
Commercial zone 7 s.m.W 10 p.m. 63 �g
]0 p.m.w 7 a.m. SS S�
Manufacturing Industrial 7�.m.m 10 p.m. 70 73
Agricultunl za�e ]0 p.m.to 7 a.m. SS SB
B. If the measured ambient noise level exceeds the applicable limit as noted in the table in subsection A of this section,the
allowable average sound level shall be the ambient noise level.The ambient noise level shall be measured when the alleged noise
violation sources is not operating.
C. The sound level limit between two zoning districts shall be measured at the higher allowable district.(Ord. 1126A§ 1,2006:
Ord. 1125§ l,2006:Ord.691 §2, 1992:Ord.647§ 1, 1991;Ord.420(part), 1985)
9.24.040 General prohibitions. ..__...._..._...._....�.__._......_--.--..........._.._......._......_.........�.
A. In the absence of an objective measurement,by the use of a sound level meter,additionally,it is unlawful for any person to make,
continue or cause to be made or continued,within the city,any disturbing,excessive or offensive noise which causes discomfort or
annoyance to reasonable persons of normal sensitivity residing in the area.
B. T'he characteristics and conditions which should be considered in determining whether a violation of the provisions of this
section exists,include,but are not limited to,the following:
1. The level of noise;
2. Whether the nature of the noise is used or unused;
3. Whether the origin of the noise is natural or unnatural;
4. The level of the background noise;
5. The proximity of the noise to sleeping facilities;
6. The nature and zoning of the areas within which the noise emanates;
7. T'he density of the inhabitation of the area within which the noise emanates;
8. T'he time of day or night the noise occurs;
9. The duration of the noise;
]0. Whether the noise is recurrent,intermittent or constant;and
11. Whether the noise is produced by a commercial or noncommercial activity.(Ord.691 §3, 1992:Ord.420(part), 1985)
9.24.050 Disturbin�excessive_offensive noises—Declaration of certain acts constituting_ _ ___________.__.____.______.....__.__..._
The following activities,annoying others,are declared to cause disturbing,excessive or offensive noises in violation of this section
but such enumeration shall not be deemed to be exclusive,namely:
A. Homs,Signaling Devices,Mut�ler Systems,etc.Unnecessary use or operation of homs,signaling devices,uncontrolled muf�ler
noises on vehicles of all types,including motorcycles,and other equipment.
PD 0005
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IV. OFFENSES AGAINST PUBLIC PEACE Page 3 of 5
B. Radios,Television Sets,Phonographs,Loudspeaking Amplifiers and Similar Devices.
1. Uses restricted:the use,operation,or permitting to be played,used or operated,any sound production or reproduction device,
radio receiving set,musical instrument,drums,phonograph,television set,loudspeakers and sound amplifiers or other machine or device
for the producing or reproducing of sound in such a manner as to disturb the peace,quiet,and comfort of any reasonable person of
normal sensitiveness.
2. Prima facie violations:the operation of any set,instrument,phonograph,television set,machine,loudspeaker or similaz device
between the hours of ten p.m.and eight a.m.in such a manner as to be plainly audible from the property line,shall be prima facie
evidence of a violation of this section.(Ord.420(part), 1985)
9.24,060 Special�rovisions—Exemptions.
The following activities shall be exempted from the provisions of this chapter: �
A. School bands,school athletic and school entertainment events;
B. Outdoor gatherings,public dances,shows and sporting and entertainment events;provided,the events are authorized by the city;
C. Activities conducted in public parks and public playgrounds;
D. Any mechanical device,apparatus or equipment used,related to or connected with emergency machinery,vehicle or work;
E. All mechanical devices,apparatus or equipment which are utilized for the protection or salvage of agricultural crops during
periods of potential or actual frost damage or other adverse weather conditions;
F. Mobile noise sounds associated with agricultural operations provided such operations do not take place between the hours of
eight p.m.and seven a.m.on weekdays,including Saturdays,or at any time on Sunday or a federal holiday;
G. Mobile noise sources associated with agricultural pest control through pesticide application;
H. Noise Sources Associated with Property Maintenance.Refer to Section 9.24.075,"Property maintenance activities."
I. The provisions of this regulation shall not preclude the constrvction,operation,maintenance and repairs of equipment,apparatus
or facilities of pazk and recreation departments,public work projects or essential public services and facilities,including those of public
utilities subject to the regulatory jurisdiction of the Califomia Public Utilities Commission;
J. Carillon chimes between the hours of eight am.to seven p.m.(Ord. 1076§ 1 (part),2005;Ord.842§2, 1997;Ord.754§ 1,
1994;Ord.691 §5, 1992;Ord.539§ 1, 1988;Ord.420(part), 1985)
9.24.065 Parkinc�lot sweepers•��
No person shall operate,or permit to be operated,a parking lot sweeper between the hours of ten p.m.to seven a.m.in or adjacent to
any residential zone.Emergency work and/or unusual conditions may cause pazking lot cleaning to be permitted with the consent of the
city manager.(Ord.691 §6, 1992)
9.24.070 Construction hours.
No person shall perform,nor shall any person be employed nor shall any person cause any other person to be employed to work for
which a building permit is required by the ciry in any work of construction,erection,alteration,repair,addition to or improvement of any
building,structure,road or improvement to realty except between the hours as set forth as follows:
October Firot through April Thirtieth
Monday through Friday: Seven am.to five-thirty p.m.
SB��daY� Eight am.to five p.m.
Sunday: None
Govemment code holidays: None
May First through September Thirtieth
Monday through Friday: Six e.m.to seven p.m.
Saturday: Eight am.to five p.m.
Sunday: None
Govemment code holidays: None
Emergency work and/or unusual conditions may cause work to be permitted with the consent of the city manager upon
recommendation of the building director or the city engineer.(Ord.752§ 1, 1994:Ord.420(part), 1985)
PD 0006
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IV. OFFENSES AGAINST PUBLIC PEACE Page 4 of 5
9.24.075 Property maintenance activities.
A. Noise sources associated with property maintenance activity and all portable blowers,lawnmowers,edgers or similar devices
shall be prohibited except during the following hours:
October]st t6rough Apri130th
, Monday through Sunday: Nine a.m.to five-thitty p.m.
Govemment code holidays: Not allowed.
May lst through September 30th
Monday through Friday: Eight am.to five-thirty p.m.
Saturday and Sunday: Nine a.m.to five-thirty p.m.
Govemment code holidays: Not allowed.
Notwithstanding the hours of permitted operations,such equipment that constitutes a public nuisance may be abated as otherwise
provided in this code.
With the exception of blowers,all maintenance activities in communities associated with golf courses and/or tennis courts can operate
from five-thirty a.m.to seven p.m.,seven days a week.
B. No person shall wilfully make or continue,or wilfully cause to be made or continued,any noise from any portable powered
blower at a level which exceeds seventy decibels dBA measured at the midpoint of a wall area twenty feet long and ten feet high and at
the horizontal distance fifty feet away from the midpoint of the wall,or not more than seventy-six decibels dBA at a horizontal distance
of twenty-four feet using a sound level meter.
C. All gasoline powered blowers shall be equipped with a permanently installed limiter that restricts the individual equipment motor
performance to half throttle speed or less.
D. No portable powered blower shall be operated in a manner which will permit dirt,dust,debris,leaves,grass clippings,cuttings,
or trimmings from trees or shrubs to be blown or deposited onto neighboring property or public right-of-way.All waste shall be removod
and disposed of in a sanitary manner by the user or property occupant.
E. Leaf blowers shall not be operated within a horizontal distance of ten feet of any operable window,door,or mechanical air intake
opening or duct
F. All portable power blowers operated by commercial landscape businesses in the city of Palm Desert must be registered and
licensed with the city of Palm Desert pursuant to the most current adopted resolution.(Ord. 1076§ 1 (part),2005;Ord.842§3, 199'7)
9.24.080 Refuse and waste collection hours.
The city contractor for collection of refuse and waste shall be authorized to provide service as indicated in the following table:
A. Commercial.
1. Collection during winter months shall be between six a.m.and six p.m.
2. Collection during summer months shall be between ftve-thirty a.m.and six p.m.
B. Residential.
1. Collection during winter months shall be between six-thirty a.m.and six p.m.
2. Collection during summer months shall be between five-thirty a.m.and six p.m.(Ord.420(part), 1985)
9.24.090 Schools,hospitals and churches—Special provisions
It is unlawful for any person to create any noise which causes the noise level at any school,hospital or church while the same is in use,
to exceed the noise limits,as specified in subsection A of Section 9.24.030,prescribed for the assigned noise zone in which the school,
hospital or church is located,or which noise leve(unreasonably disturbs or annoys patients in the hospital.(Ord.420(part), 1985)
9.24.100 Air conditioningLrefrigeration and pool,equipment.
The noise standards enumerated in Section 9.24.030 shall be increased by 8dBA when the alleged offensive noise source is an air `
conditioning or refrigeration system or associated equipment which was installed prior to the effective date of the ordinance codified in
this chapter.Installation of new equipment must be certified to be within the provisions of this chapter.Installation of new equipment
must be certified to be within the provisions of this chapter for night and day o�eration noise level.{Ord.420(part), 1985)
PD 0007
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IV. OFFENSES AGAII�ST PUBLIC PEACE Page 5 of 5
9.24.110 Noise level measurement
A. The location selected for measuring exterior noise levels between residential properties shall be at the property line of the
affected residential property.Affected residential property shall be the address from which the complaint was received.Interior noise
measurement shall be made within the affected residential unit.The measurement shall be made at a point at least four feet from the wall,
ceiling or floor nearest the noise sowce.
The location selected for measuring exterior noise levels between non-residential properties shall be at the property line of the affected
property.
B. The location selected for measuring exterior noise levels between two zoning districts shall be at the boundary of the two
districts.(Ord. 1126A§2,2006:Ord. 1125§2,2006:Ord.420(part), 1985)
9.24.120 Interference with authorized personnel is prohibited.
No person shall interfere with,oppose or resist any authorized person charged with enforcement of this chapter while such person is
engaged in the performance of his duty.(Ord.420(part), 1985)
9.24.130 Appeais`__
The owner or operator of a noise source which violates any of the provisions of this chapter must comply immediately,but may file an
appeal to the city council within ten days from date of mailing of notice of violation.Such appeal shall be in writing and shall be filed
with the city clerk.At a regular meeting not more than thirty days thereafter,the city council shall proceed to hear and pass upon the
appeal.The decision of the city council thereafter shall be final and conclusive.(Ord.420(part), 1985)
9.24.140 Preexistin noise source—Time extension.
1'hose commercial and/or industrial noise sources in existence prior to the date of adoption of the ordinance codified in this chapter,
which noise sources are an integral part of a building,structure or similar fixed and permanent installation if in compliance with local
zoning structures,shall be granted a three-year period from the date of adoption with which to comply with the provisions of the chapter.
If,at the end of the three-year period,it can be shown that compliance with the provisions herein constitutes a hardship in terms of
technical and economic feasibility,the time to comply may be extended on an annual basis until such time as compliance may be
affected.(Ord.420(part), 1985)
9.24.150 Violation—Infractions.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.(Ord.420(part), 1985)
9.24.160 Continuing or subsequent violations—Misdemeanor
Any person having been convicted of a violation of any provisions of this chapter who thereafter commits a violation of the same
provisions of this chapter shall be guilty of a misdemeanor.(Ord.420(part), 1985)
9.Z4.170 Severability��_�______�_�
If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction,the
remaining provisions of this chapter shall not be invalidated.(Ord.420(part), 1985)
PD 0008
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PD 0018
,�--�T---� �IT1( �� PALM �ES�RI'
/ , �
PLANNING DEPARTMEN`T
�� _• • INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: November 5, 2007
Subject: Augusta's Night-Time Sound Levels ,
On Friday November 2, 2007 I performed sound measurements at-Augt�sta's
Restaurant. Three measurements were taken, all from the nearest residential property
line (same location as was done previously).
The first measurement started at 9:20 PM and continued for ten minutes. The average
A weighted sound level was 58.02 decibels. The band played throughout the ten
minute period. The a{lowable decibel levels for this period (before 10:00 PM) is 65.
The second measurement started at 10:00 PM (band was still playing) and was for ten
minutes. The average A weighted sound level was 58.92 decibels. The band played
only half of the ten minute time period (band went on break), The allowable decibel
levels for this period (after 10:00 PM} is 55.
The third measurement started at 10:32 PM (band resumed from break) and was for
one hour. The average A weighted sound level as 59.67 decibels. The band played the
majority of the hour until 11:27 PM.
The conditional use permit requires that sound levels be below 65 decibels before 10:00
PM and below 55 decibels after 10:00 PM. The average A weighted sound level after
10:00 PM was 59.67 decibels.
Attached is a chart showing the pertinent sound level measurements.
Johnny Terfehr �
Code Compliance Officer
November 2, 2007
PD 0019
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��abj���m �����t�'� �ligi���Ti�� ����� ����I� ,
O� Satcarday ��e�mb�r `��, �00 i I p�r�or��red souhd rn�asurements �t—,�ugas#a'�
Restauranfi. Three mea�urements wer� taker�, all from th� ne�rest r�sid�nti�l pr�aperty
line {�ar►�e location as wa� dor�e previoe��ly).
Th�first �neas�arem�nt �tart�� at �0:10 PN9 and co�tinued for ten rninutes. Th� av�rag�
A vveighted sound level wa� �3.�3 de�ibel�. The ban� vvas not pl�ying ��ring thi� ter�
r�inute perio�l.
�he �eco�d me�surerne�� start�d �t �0:36 PIVI and was for ten �ni�ute�. �he average A
weighted sound level wa� 57.93 decibels. The laan�l played the er�ti�e ten rninut� ti¢�e
period. The allowrable decibel level for this period (after 10:00 PM) is 55.
l'h� thir� �neas�rement start�d at 10:3� PIV9 (2"d sound meter) and vva� for o�� h���.
The banc� played for all b�at the last three min�te� of the one hour period. The average
!�weighte� sound levef w�s 5�.42 decib�ls.
The conditional use permit requires that sound levels be below �5 decibels befor� 10:0�
PlVI and be9ow 55 decibels after 1 Q:00 !�Nl. The averag� A weighted �ou�d lev�l afte�
1�:0� PIVI wa� 57.42 decibels.
Att�ched ar� ch rts sh��nri�ig fif�� ���fiine�fi sou�d le�r�l eneasureme��s.
.� 9:;��
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�h � Te��h�`
��de �om�li�r��� �f#i���F
December 15, 200
PD 0022
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�'�'� CITY OF PALM DESERT
� �
_ PLAfVIVING DEPARTMENT
- INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: January 14, 2008
Subject: Augusta's Night-Time Sound Levels
On Saturday January 12, 2008 I performed sound measurements at--Augt�a's
Restaurant. Five measurements were taken, all from the nearest residential property
line (same location as was done previously).
The first measurement started at 10:50 PM and continued for ten minutes. The average
A weighted sound level was 55.13 decibels. The band was playing during this ten
minute period.
The second measurement started at 11:00 PM and was for ten minutes. The average A
weighted sound level was 56.02 decibels. The band was playing during this ten minute
period.
The third measurement started at 11:10 PM and was for ten minutes. The average A
weighted sound level was 54.24 decibels. The band was playing during this ten minute
period.
The fourth measurement started at 11:20 PM and was for ten minutes. The average A
weighted sound level was 54.82 decibels. The band was playing during this ten minute
period.
The fifth measurement (done concurrently on a second meter) started at 10:50 PM and
was for 43 minutes. The band played the entire period. The average A weighted sound
level was 55.45 decibels.
Officer Shawn Kilpatrick was also present and here are his findings:
"On Saturday night, between 10:30 PM and 11:30 PM I monitored sound levels from the
following locations; here are my observations:
January 12, 2008
PD 0036
iV�emo To: Fi�rt Po�el�r, ��.
RE: Augusta's fVightm���e Sour�d �evels
April °i0, 2006 Paqe 2
10.53 PM.� Shadow Lake Drive and IVlountaira View. I was able to clearly hear
"Heartache TonighY'and "Girl, You Really Got Me".
19:11 PM: Shadow Mountain Tennis Resort and Hotel. l was able to hear the band
playing and lot's of yelling while standing on the tennis court. I could clearly hear a
rendition of a "Prince"song.
11:19 PM: At Candlewood Apartments, l could clearly hear "Freak Out".
11:23 PM: At the corner of Fairway and Portola, l could clearly hear"Brick House".
lt should be noted that the new "sound curtains"that were supposed to be behind the
stage were not in place. The mattresses were in place, but no lower curtains were
installed below them."
Attached are rts show�he pertinent sound level measurements? -�- --
erfehr
Code Compliance OfFicer
January 12, 2008
G:\CodeWohnny Terfehr\My documenis\augustas 011208.doc P D 0037
Arr�nenta, Lorena ,��� ��
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�rom: Kilpatrick, �hawn
�ent: Wednesday, January 23, 2008 10:57 AM
��� Armenta, Lorena
Cc: Ponder, Hari
Subject: Complaint history for Augusta's.
F���.
�-��s�e'� v✓hat ! h�ve c�rnpi¢ex.x. ����� �� ��f ��;� I�t r��� ���a�� ia��'� c��ay t� ���-�� ��� ;�;r�=-�.
Ryan,
I went through all of our records and inventoried all documented complaints and the date of origin.
Complainants names have been omitted for their protection and privacy. What follows below is
compiled in chronological order.
In addition, I am aware that the Riverside County Sheriff's Department has responded to loud music
from Augusta's on sixteen (16) separate occasions during the periods of time betweerj 10-��'--2004 and
2-19-2005. I do not have the specific or general location where these complaints originated from, this
information would have to be requested from R.S.O. There is likely even more complaint information
available from the Sheriff's Department since the last report date of February 19t" 2005.
'�-27-98
3800 Block of Shadow Mountain. Jane Doe reported to Code Augusta's music too loud, after
12:00 AM.
4-28-98
73800 Block of Shadow Mountain. Jane Doe reported to Code, Augusta's music was too loud, and
played after 12:00 AM
5-14-98
Location of origin of complaint unknown. Anonymous complainant states live music played very loud,
and until after 1:00 AM.
1-6-04
Location of origin of complaint unknown. Jane Doe reported to Code that music was too loud.
3-12-04
Shadow Mountain Hotel and Tennis Resort. Jane Doe reported to Code, music coming from
Augusta's is too loud at 10:30 PM.
11-01-04
73600 Block of Golf Course Lane. Jane Doe called to report music from Augusta's is loud on Friday
and Saturday nights, until 1:OOAM.
-04-04
�3900 Block of Shadow Lake Drive. Jane Doe filed written complaint to Code regarding loud music
from Augusta's.
1 pp 0040 January 23, 2008
12��'d'-04 �
�ergeant iVlark �arFknecht, Palm �esert Sherifi�'� Department, reported to Code he re�ei�ed two
complaints the we�kend pr-ior to this date about loud music. Location not specified.
�-1�-05
74000 Block of Shadow Mountain. Jane Doe called to report loud music coming from Augusta's.
5-06-05
73600 Block of Golf Course Lane. Jane Doe called to report loud music every Friday and Saturday
night is disturbing.
1-11-06
74000 Block of Shadow Mountain. John Doe called to report loud music from Augusta's was
disturbing his peace every weekend.
1-13-06
74000 Block of Shadow Mountain. Jane Doe called to report loud music from Augusta's every
weekend.
1-30-06
74000 Block of Shadow Mountain. Jane Doe called to report loud music from Augusta's ev�ry
weekend.
2-15-06
Shadow Mountain Hotel and Tennis Resort. John Doe filed an in-person complaint about loud music
�m Augusta's every weekend.
4-24-07 �
73900 Block of Shadow Mountain. Jane Doe called to report loud music from Augusta's every
weekend.
47100 Block of EI Menara (2). Jane and John Doe called to complain about loud music from
Augusta's.
4-27-07
74000 Block of Shadow Mountain . 47100 Block of EI Menara (2). 73900 Block of Shadow Mountain.
Shadow Mountain Hotel and Tennis Resort. Five (5) telephoned complaints directly to Pedro
Rodriguez regarding loud music at Augusta's while on duty that night.
4-28-07
74000 Block of Shadow Mountain. 47100 Block of EI Menara. 73900 Block of Shadow Mountain.
Three (3) telephoned complaints directly to Shawn Kilpatrick regarding loud music at Augusta's while
on duty that night.
10-26-07
74000 Block of Shadow Mountain. Jane Doe called to complain about loud music from Augusta's on
the weekends. �
?-20-07
�000 Block of Shadow Mountain. Jane Doe reported to me the music form Augusta's keeps her up
on weekends. January 23, 2008
2 P D 0041
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PD 0042
�"�•'� CITY OF PALIVI DESERT
� �
�UILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: February 19, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-655 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, February 16,
2008. I performed one (1) one-hour A-weighted reading and three (3) ten-minute A-
weighted readings and. Readings were taken while music was beinq plaved at or near
the property line in a prescribed manner that would produce a fair and accurate
representation of the sound levels. Pursuant to P.D.M.C. 9.24.030, sound levels in the
commercial zone cannot exceed a one-hour average of 65 decibels prior to 10:00 p.m.
and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement"
method where when the time period in which time-variable sound levels exceed a
certain level occupying "X" percent of the actual measurement time, that level is called
the; percentile sound pressure level (Lx). By measuring the percentile sound pressure
level, it becomes possible to evaluate environments in which irregular sound levels or
sounds with remarkable variations are involved. The most relevant data collected
includes the lowest and highest sound levels that occurred during the test as well as the
overall average.
The band continued to play until 11:32 PM.
If staff can be of further assistance, please let me know. I am available to answer any
questions.
V
'h'1. �r
Shawn Kilpatrick �
Code Compliance Officer
Attachment: Sound Meter Reports
February 16, 2008
PD 0043
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Armenta, Lorena
"rom: Ponder, Hart
nt: Friday, December 21, 2007 9:10 AM
o; Aylaian, Lauri; Terfehr, Johnny; Rodriguez, Pedro; Kilpatrick, Shawn; Adkins, Michael;
Armenta, Lorena
Cc: Stendell, Ryan
Subject: FW: Augusta's 12-20-07 Case#07-4104
Lauri, here is my two cents:
I can't believe what you can hear playing, blocks away, despite what the"DB" numbers are. The RPs are correct, and I
would be pissed off if I lived there.
My current viewpoint is that since the music being played is in an area that is"open"and in close proximity to residential
housing, amplified music should not be allowed, at all. I would declare that no subjective sound measurement can be
achieved, and that Staff and the residents are correct that the sound generated is a public nuisance.
I regret that Code has not done more to get the plug pulled much earlier, we have let the residents down by not doing
everything in our power to correct this situation, IMHO. If I could I would fire off a memo to the powers that be, and make a
stand. If it goes the other way, then at the very least, I we can say we did alI that we could, as staff.
Sincerely,
Hart
-Original Message-----
�m; Kilpatrick,Shawn
nt: Friday,December 21,2007 8:48 AM
Ta; Ponder,Hart
Subject: Augusta's 12-20-07 Case#07-4104
Hart,
As part of the City's effort to verify Denise Roberge's compliance with her Conditional Use Permit,
Hart Ponder, Ryan Stendell and I monitored sound levels at some of the verified complainant's
addresses.
At 74000 Candlewood, also know as the Candlewood Apartments, the three of us were able to clearly
hear Augusta's band playing at around 9:OOpm.
At 73922 Shadow Mountain Drive, we were able to clearly hear Augusta's band playing.
At 45831 Mountain View, we were able to hear Augusta's band playing.
At the Shadow Mountain Resort and Tennis Club, we were able to faintly hear the music coming form
Augusta's. The time was approximately 9:45.
�hawn M. Kilpatrick
ode Compliance Officer
City of Palm Desert December 20, 2007
(760) 34G-0611 x.476
� PD 0125
�-�--� CITY OF PALM DESERT
� � COMMUNITY DEVELOPMENT
, INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 14, 2008
Subject: Augusta's Night-Time Reasonable Person Observations
Code Case No. 08-881 Augusta's
Hart Ponder, Ryan Stendell and I arrived at Augusta's on Friday night, March 14 2008 to perform
"reasonable person" observations of sound levels at locations established by complaining parties. Our
observations at the following locations are as follows:
10:38PM: At the corner of Mountain View and Shadow Lake Drive, we could hear the music well.
Santana's 'Game of Love' was heard.
10:50PM: At the Shadow Mountain Resort and Hotel, we could hear the band playing. Conditions at
this location were windy, with local winds reported for Palm Desert at 25 mph. The sprinkler systern
was also in operation at the time of our observations. A rendition of Tom Petty's `Running down a
Dream' was heard.
11:04PM: At the Shadow Mountain Apartments, the sound of the band was clear and loud. A rendition
of a Gwen Stefani song and No Doubt was easily heard at this location.
�1:13PM: At th� �aldle���d h�ar�ments, we could hear the band playing but windy conditions
prevented us from being able to tell what the song was.
11:30PM: Concluded observations.
I believe that if I lived at any of these locations, the noise level would be irritating, especially over a
prolonged period of time. Ryan indicated it was louder this time than last.
tf staff can be of further assistance, please let me know.
Shawn Kilpatrick
Code Compliance Officer
PD 0126
�—�-� CITY OF PALM DESERT
� � COMMUNITY DEVELOPMENT
. ,
INTEROFFICE MEMORANDUM
To: Lauri Aylaian., Director of Community Development
From: Ryan Stendell, Associate Pianner
Date: March 18, 2008
Subject: Augusta's Night-Time Reasonable Person Observations March 14, 2008
Code Case No. 08-881 Augusta's
Hart Ponder, Shawn Kilpatrick and I arrived at Augusta's on Friday night, March 14 2008 to
perform "reasonable person" observations of sound levels at locations established by
complaining parties. Our observations at the following locations are as follows:
10:38PM: At the corner of Mountain View and Shadow Lake Drive, we could hear the music
well. Santana's `Game of Love' was heard. Upon exiting the vehicle the music
could be heard immediately, the quality of the noise over the ambient was clearly
disturbing.
10:50PM: At the Shadow Mountain Resort and Hotel, we could hear the band playing.
Conditions at this location were windy, with local winds reported for Palm Desert
at 25 mph. The sprinkler system was also in operation and some kind of pump
was running at the time of our observations. A rendition of Tom Petty's `Running
down a Dream' was heard. The patrons of the units facing the tennis courts
could definitely argue that the noise is disturbing.
11:04PM: At the Shadow Mountain Apartments, the sound of the band was clear and loud.
A rendition of a Gwen Stefani song and No Doubt was easily heard at this
location. This location is the most impacted of all locations. Standing in the
central courtyard the music is so clear and loud I would wonder if the property
owner has a hard time keeping tenants.
11:13PM: At the Candlewood Apartments, we could hear the band playing but windy
conditions prevented us from being able to tell what the song was. This property
has several units with windows and rear patios that face north towards the post
office. The quality of the noise that is present is clearly disturbing over the
ambient.
PD 0127
11:30PM: Concluded observations.
In previous reports we have concluded that 52 dB creates a disturbance for the neighbors in
the area of Augusta's. The sound levels on this night were approaching 57 dB's on the one
hour average (56.92dB actual reading). Staff feels the same as previous reports, the quality of
the sound coming from Augusta's is creating a public nuisance. It is my opinion that an error in
judgment on staffs part was made with the approval of music at the commercial standards (65
dB until 10 pm, 55 d6 after 10 pm). Due to the proximity to residential the music should have
been required to meet residential standards (55 dB until 10 pm, 45 d6 after 10 pm). �
Let me know if you have any further questions.
,�¢?�'�"
Ryan Stendell
Associate Planner
PD 0128
���---� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Lauri Aylaian, Director of Community Development
From: Ryan Stendell, Associate Planner
Date: March 18, 2008
Subject: Augusta's Night-Time Reasonable Person Observations March 15, 2008
Code Case No. 08-881 Augusta's
Johnny Terfehr and I arrived at Augusta's on Saturday night, March 15, 2008 to perform
"reasonable person" observations of sound levels at locations established by complaining
parties. Our observations at the following locations are as follows:
10:35PM: At the Candlewood Apartments, we could hear the band playing. A rendition of
Heartache Tonight, by The Eagles was discernable. As previously noted, the
units at the north end of this property are impacted by the music at Augusta's.
10:40PM: At the Shadow Mountain Apartments, the sound of the band was clear and loud.
Surrender by Cheap Trick could be discerned. As previously noted, this location
is the most impacted that I have visited. The music is very disturbing at this
location.
10:50PM: At the Shadow Mountain Resort and Hotel, a rendition of Crazy Little Thing
Called Love by Queen could be easily heard. As we approached the stairway on
the north side of the rental units adjacent to the tennis courts the music was
clearly heard and disturbing.
10:55PM: At the corner of Mountain View and Shadow Lake Drive, we could hear the music
well. The Beatles, Hey Jude was very audible. As previously noted, the quality
of noise that gets to this location is very disturbing to the neighborhood.
11:OOPM: Concluded `reasonable man' observations.
In previous reports we have concluded that 52 dB creates a disturbance for the neighbors in
the area of Augusta's. The sound levels on this night were approaching 57 dB's on the one
hour average (56.92dB actual reading). Staff feels the same as previous reports, the quality of
the sound coming from Augusta's is creating a public nuisance. It is my opinion that an error in
PD 0129
judgment on staffs part was made with the approval of music at the commercial standards (65
dB until 10 pm, 55 dB after 10 pm). Due to the proximity to residential the music should have
been required to meet residential standards (55 dB until 10 pm, 45 dB after 10 pm).
Let me know if you have any further questions.
� -G•G v
Ryan Stendell
Associate Planner
PD 0130
�""���� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: March 17, 20�8
Subject: Augusta's Night-Time Reasonable Person Observations
Code Case No. 08-881 Augusta's
Ryan Stendell and I arrived at Augusta's on Saturday night, March 15, 2008 to pertorm
"reasonable person" observations of sound levels at locations established by complaining
parties. Our observations at the following locations are as fol(ows:
10:35PM: At the Candlewood Apartments, we could hear the band playing. A rendition of
Heartache Tonight, by The Eagles was discernable.
10:40PM: At the Shadow Mountain Apartments, the sound of the band was clear and loud.
Surrender by Cheap Trick could be discerned.
10:50PM: At the Shadow Mountain Resort and Hotel, a rendition of Crazy Little Thing Called
Love by Queen could be easily heard.
10:55PM: At the carn�� of Mountain �iew and Shadow Lake Drive, we could hear the music
well. The Beatles, Hey Jude was very audible.
I believe that if I lived at any of these locations I would find the noise level to be disturbing.
11:OOPM: Concluded `reasonable man' observations.
If staff can be of furt assistance, please let me know.
Johnn erfehr
C Compliance Officer
PD 0131
Armenta, Lorena
•am; Ponder, Hart
�nt: Wednesday, March 19, 2008 12:59 PM
; Stendell, Ryan
Cc: Aylaian, Lauri; Armenta, Lorena; Terfehr, Johnny; Kilpatrick, Shawn
Subject: Observations of March 14th Augusta's
At around 10:30 pm on March 14th, 2008, I visited the previously identified sites to ascertain if the music playing at
Augusta's could still be perceived at a level that could generate further complaints.
I must reaffirm my last report to you that the sound is detectable in such a way that if I were living in the area, I would
consider the sounds a disturbance. My current viewpoint is that the Reporting Parties concerns do have merit, and I
continue to recommend that outside amplified music, located next to a residential zone,should not be permitted on an
ongoing manner, as a regular course of business.
Cordially,
Hart Ponder
Code Compliance Manager '�- �
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March 14, 2002
1 PD 0132
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CITY OF PALM DESERT, CALIFOR IA �::c:E I�Ep
��� �I�3 Y CI_ERK 'S OFFICE
� � APPLICATION T �� G�SERT, ca
_ O APPEA�B JAN 0 AM 9:
DECISION OF THE ' � �Z
(Name of Determining Body)
Case No. '_
� �� � Date of Decision: / S' i�
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Phone_ 6� -�2��� �-.
Address , " �
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Description of
Application o�Matter Consider�ed:
Reason for Appeal (attach additional sheets if necessa
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' nature of Appellant)
FOR qFFICIAL USE ONLY .�
Date Appeal Filed: ( '30-D � Fee Received: � p
Treasurer's Receipt No. _ 47�.4-fa►
Received by: ` ��..�
Date of Consideration by City Councii or City Official: T� '
Action Taken:
Date:
Racheile D. Klassen, City Clerk PD 0133
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January 30, 2008
VIA HAND DELIVERY
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert,CA 92260-2578
Re: Appeal of Planning Commission Decision/IZequest for Trial De Novo by
Augusta Restaurant and Denise Roberg�
Dear City Clerk:
Our office represents Augusta Restaurant and its owner Denise RobergC
("Augusta"). This letter shall serve as Augusta's "appeal" of a decision of the Planning
Commission and a request for a Trial De Novo before the City Council of the City of
Palm Desert("City"). Some background on this issue is provided below.
On January 15, 2008, the Planning Commission of the City adopted Resolution
2462 Modifying Case No. CUP 96-15 (Amendment No. 3). By this Resolution, the
Planning Commission seeks to eliminate music in the outdoor dining patio area of
Augusta. By Stipulation between counsel for Augusta and the City Attorney for City, all
parties agreed that Augusta is entitled to have a hearing De Novo before the City Council.
That is, none of the normal requirements to have a full hearing with evidence provided on
both sides was required before the "informal proceedings" heretofore occurring be#�are
the Planning Commission. Accordingly, while this letter is in one sense an "Appeal" of
the Planning Commission's decision re#lected in its Resolution, it more properly can be
characterized as a Request for a Trial De Novo. There is no formal statute of tiie City
addressing this unique stipulation and approach, but counsel for the City and Augusta
PD 0134
��
; , ��� �
, City Clerk
City of Palm Desert
January 30, 2008
Page 2
have agreed that the filing of objections through this letter to the Planning Commission's
ruling stating generally the reasons for the objections would satisfy the requirements of
the City's statutes governing this matter and would then require a de novo hearing before
the City Council.
Augusta respectfully submits that the decision of the Planning Commission
should not be adopted by the City on numerous grounds to include the following:
1. The manner in which the City has proceeded in seeking this revocation has
violated Augusta's rights to both procedural and substantive due process under �oth the
U.S. Constitution and the Constitution of the State of California. Some of the details
surrounding those violations aze set forth below;
2. The Planning Commission in accepting the recommendation of the staff of
the City acted in excess of its powers and has unlawfully usurped the authority of the City
Council by revoking Augusta's vested right under the CUP to play music when the level
now played is within the limits of the sound ordinance adopted by the City Council;
3. The City through its staff and Planning Commission have acted in bad
faith and are otherwise estopped to revoke Augusta's right to play music under its CUP.
Augusta was given a target to reach of complying with the existing City sound ordinance
which includes a 55 decibel level commencing at 10:00 p.m. Most of the complaints and
sound readings upon which the City staff based its chazges were out dated;
4. Augusta fully cooperated with the City staff and even purchased
sophisticated sound meter equipment in order to take readings to direct its sound
mediation measures and to confirm compliance. Augusta engaged professional experts
and followed their recommendations. Those recommendations included installation of
sound barriers and the ordering of custom sound proofing curtains which assured
Augusta's consistent compliance. Each step along the way Augusta informed City staff
of its efforts and City staff encouraged Augusta to so proceed;
5. On December 20, 2007, Augusta cooperated with City staff by holding a
joint testing night. Augusta's sound consultant, with City representatives present and in
agreement, purposely instructed the band to turn up the music volume in order to do
different testing while moving various sound barriers to determine their impact. All
parties agreed and understood that this night was for testing purposes only. Later,
Augusta was shocked and felt sabotaged to learn that the readings taken on this evening
were made part of the Januazy 15, 2008 Staff Repart supporting the faulty conclusion that
Augusta was out of compliance;
6. �ne of the most disturbing legal and equitable violations of Augusta's
rights surrounds the �act that the City began its legal proceedings against Aug���*a hased
�'� 0135
G:\Litigation DeptUugusta Restaurant�CorrespondeneelAppeal WCityClerk I-29-08.dce
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City of Palm Desert
January 30, 2008
Page 3
upon certain charges i.e. non-compliance with the City's noise ordinance, and then
changed the basis of the revocation when City staff and the Planning Commission learned
that those charges were meritless as compliance existed. This is most pointedly reflected
in an e-mail of Lauri Aylaian, Director of Community Development. First, she admits
that the City's own sound readings at Augusta taken "unannounced" were "remarkably
close to 55 db." This was at a time prior to Augusta's installation of its sound proofing
curtains that had been already paid for and which the City knew were soon to be
installed. Ms. Aylaian then states "With the curtains, it is entirely possible that they will
come in under 55 db, which leaves us in the uncomfortable position of them arguing that
they are compliant, and the residents still not being satisfied." Finally, the true abuse of
power and the true position, not then disclosed to Augusta, came through when Ms.
Aylaian states, "(Our staff believes that even at 55 db, they present a disturbance for
neighbors)." The evidence is clear that what was occurring was that staff was setting its
own standards and creating a new case against Augusta. On this bad faith and late coming
basis the Planning Commission adopted the Resolution at issue. The decision of the
Planning Commission was based upon completely inaccurate and outdated facts
presented by City staff under a faulty legal standard created by sta�', not the City
Council. Indeed, its position contradicted the City's own ordinance and created an
improper basis upon which to attempt to modify Augusta's vested legal right to play
music under its CUP;
7. Augusta was requested to cooperate with City staff and it completely did so.
The same is not true with respect to the City's actions. Augusta was requested to meet
with Lauri Aylaian. Attempts were made to do so and on two occasions Augusta was
� denied meetings with Ms. Aylaian and code enforcement. Finally, a meeting was held,
but by this point in time the staffs' position and that of Ms. Aylaian had changed. No
longer was compliance with the City's noise ordinance enough. A new standard �d
been adopted. In a word, City staff acted in bad faith;
8. Augusta's rights have been violated by City's refusal to provide all evidence
upon which it is proceeding against Augusta to include the names of those reportedly
complaining about noise and the precise complaints with dates, times and locations.
Numerous requests were made by Augusta to City staff before testing, during testing and
after testing to identify the problem locations to allow Augusta to target its sound
mediation and to verify the City's test results. Each request was denied by City staff to
provide the requested information. City staff has taken the position that any complaint
from any source however motivated is enough to create a basis to revoke Augusta's
vested right to play music on the apparent theory that they do not want to be bothered
anymore. Due process requires not only disclosure of same, but also tha� City be
required to subpoena such witnesses to any hearing to the extent that the City wishes then
to rely on same to take actions adve�se to Augusta;
PD 01�6
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. City Clerk
City of Palm Desert
January 30, 2008
Page 4
9. Up to this point Augusta has not had an opportunity to be placed on cleaz
notice of the charges against it. The underlying theme of the City and its staff to date has
been there is no need to do so and that giving cleaz notice will only allow Augusta to
meet the requirements of the City which would then preclude staff and the Planning
Commission then to do what it really wants and silence Augusta's music, whether
merited or not; whether legal or not; and/or regardless of the devastating financial
consequences to Augusta;
10. The basis of the underlying decision of the Planning Commission includes
substantial, if not complete reliance, on stale, outdated and/or inaccurate information. The
playing of music by Augusta does not constitute a nuisance. For example, despite Ms.
Aylaian's admission during the January 12, 2008 metering of noise that music could not
be heard at certain locations as suggested by some, at the Planning Commission hearing
when Ms. Aylaian was asked if such was true, she was reluctant to respond and did not
correct the misimpression by the Staff Report given to the Planning Commission. The
decision of the Planning Commission to that effect was not supported by competent
evidence. The manner in which the City has proceeded to date has denied Augusta a
meaningful opportunity to be heard. For example, despite an inappropriate telephone
campaign by staff encouraging people to appeaz and with public notice given as required
of the meetings, at the hearing before the Planning Commission on December 4, 2007,
only four people attended voicing any concerns and only one additional person appeared
at the December 15, 2007 hearing as best can be recalled by Augusta without reference to
the meeting minutes;
11. The overall effect of the changing positions of the staff regazding the basis
upon which its recommendation would be made to modify the CUP combined with
inaccurate and incom�lete iz�formation provided was made even worse �y t�e �ate
disclosure of such positions as staff reports were normally not released to Augusta until
the Friday before the hearings. The result was to deny Augusta due process and a fair
hearing by not allowing Augusta adequate time to prepare responses including conecting
inaccuracies. The rnanner in which the proceedings occurred violated also the City's own
code at Section 25.72.130 regarding the requisite notice to be given to Augusta;.
12. The basis of the decision of the Planning Commission was not reasonable in
nature, credible and/or of solid value. There was no substantial evidence before the
Planning Commission and none otherwise exists to justify the taking of Augusta's
fundamental vested right under its CUP to play music. Upon issuance of the original
CUP, Augusta has expended large sums of money and engaged in a business that is
dependant upon its ability to play music. Furthermore, to insure compliance substantial
sums of additional money have been spent by Augusta. Given the severe financial
impact upon Augusta by the "taking" of this vested property right, Augusta submits that
such violates Califomia law. The decision of the Planning Commission effectively
destroys the ability of Augusta to survive and damages it substantially. Th�re is no
PD 0137
G:\titigation Uept�Augusta Restaurant�CorrcspondcnceWppeal to CityClerk 1-29-08.doc
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, City Clerk
City of Palm Desert
January 30, �008
Page 5
compelling reason or evidence to justify such a result. The decision of the Planning
Commission is both arbitrary and capricious;
13. For all the reasons set forth above, the decision of the Planning Commission
was an abuse of its discretion; and
14. The actions of City staff and Planning Commission set a dangerous precedent
that the City should reject. It elevates staff and the Planning Commission to the level of
City Council Members. The effect of the Planning Commission's decision is that no
restaurant or business in the City may play music. The "new standatd" of City staff and
the Planning Commission is that any level of music heard by anyone means no music ca�
or should be played if someone complains. Nowhere in the law or in logic can or should
such a standard be created generally for the City and certainly not by City staff or the
Planning Commission. Moreover, even assuming for the sake of argument only, such is
going to be the standard for the City in the future, Augusta's fundamental vested right
preexisting through its CUP, causes any such new standard to be inapplicable to Augusta
as a matter of law and equity.
As previously discussed with the City Attorney, Augusta respectfully requests
that before this matter proceeds in a formal fashion with adherence to all procedural due
process requirements, that there be an "informal" public hearing on February 28, 2008 at
which time information could be shared to assess whether there is any need to proceed
further. Augusta respectfully submits that the City Council on its own motion should
revoke the decision of the Planning Commission without the necessity of any further
legal proceedings or litigation as such is not in the best interest of the City or Augusta.
With Augusta's compliance with the City's noise ordinance, this unfortunate exercise in
abuse of power by City staff and the Planning Commission should end.
Very truly yours,
SLOVAK BARON&EMPEY LLP
f ('l •
THOMAS S. SLOVAK
TSS/can
cc: Denise Roberge via fax (760) 340-9522
Robert W. Hargreaves, Esq. via fax (760) 340-66�8
PD 0138
G:\Li[iga[ion DeptWugusta Restaurant�Correspondence�Appeai wCityCkrk i-29-08.doc
r + . � ^ �. (� �_..
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SLovAx B�xoN E�rn��
A T T 0 R N E Y S A T l A W
n��'�� 1800E.TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92282
M��� PHONE(760)322-2275 FAX(760�322-2107 650 7 pvpN C�iE�pR�yE,SUIiE l�pp
L�sa+D.DnenR[u�rx - -- - 006'I'A MESA,CAL[FRON[A 92626
pertrt M.eUan�+v� PHOIJE(714)433•9391 FAX R 14�10A011
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December 3,2007 ���1����p�'��' �
Sent via e-ma�l onlv to rstendellna,c�palm-deser�ca.us (As revised)
Chairperson Sonia Campbell
Vice Chairperson Dave Tschopp ;
Commissioner Connor Limont
Commissioner Mari Schmidt ;
Commissioner Van Tanner
CITY OF PALM DESERT
73-510 Fred Waring Drive
Palm Desert,CA 92260 ;
Re: Case No. CUP 96-1 S—City of Palm Desert,Cali#'ornia,Applicant ;
Honorable Commissioners;
You have before you as Agenda Item VIII.B, consideration of and public hearing �
re ardin an amendment to an �
g g approved Conditional Use Pernut ("CUP") to eliminate nightly
music entertainment in the outdoor dini.ng patio area of the Augusta's Restaurant, located at 73-
951 El Pas�. This hearing seeks to impose the most draconian of remedies and specifically
states, "A public hearing will be held to consider an amendment to the approved CUP to
eliminate nightly music entertainment in the outdoor dinning [sic] patio area of the. Augusta's
Restaurant." This public hearing arises from a November 19, 2007 Notice of Hearing to modify
conditional use permit("Notice'�issued by Ryan Stendell,Associate Planner of the City of Palm
Desert Planning Department. This Notice results apparently from a Novembtr 5, 2007 Inter-
Office Memarandum of Code Compliance Officer Johnny Terfehr reflecting sound
measurements taken at Augusta Restaurant on November �, 2007 �om a nearby residential �
property line. !
�
PD 0�39
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Planning Commissioners
December 3,2Q07
Page 2
Our office was first retained by Augusta Restawant, LLC and its owner, Denise
Roberge, on November 27,_2007. We promptly began inquiry into the matter. What became
appazent was that City staff appears unaware af the substantial measures that our client has
already undertaken; the remedies sought are both practically and legally inappropriate to the
present situation; that more time was needed to try to engage the City in an exchange that would
be fair to all parties; and, if this matter was to go to formal hearing as noticed, such would occur
in an unfair manner and in violation of our client's rights. Accordingly, our office sent a letter
requesting a continuance to January 1 S, 2008 to allow all concerned time to assess the matter
thoroughly. That request has been denied up to this point. It is our understanding that unless
this Commission decides otherwise on Tuesday, December 4, 2007, our client must be preparod
to present tomorrow its complete defense to these allegations to this Commission. To do so is
simply not possible. While such a hearing would be without prejudice to �► hearing de novo
before the City Council, as stipulated to between the City Attorney and this ot�ce,pmceeding in
the now noticed fashion,in our opinion,makes no sense whatsoever.
The primary purpose of this letter is to convince this Commission that there is no
need to proceed as now contemplated by this Commission. To do so we will try to briefly
address the history leading up to these events focusing on the fact that the basis for the statod
revocation is reliance on outdated, inadequate information. The present circumstances simply do
not justify such a result. Our client has not ignored the City or its ordinance. It has already taken
substantial steps to ad.dress the City's concerns and believed that it had accomplished same until i
the recent notice. It is our hope that under the present facts, once understood, the Com�nission �
will agree that to proceed in the type of legal proceeding now contemplated serves no legitimate
purpose for either party. That is, it would be not only legally impermissible, but patently unfair
to revoke our client's vested right under the CUP to play music given ths severe financial
consequences to our client and the present state of alleged violation. i
From the City's standpoint, as will be outlined below, our client is not ignoring the
City. Our client has reviewed these most recently stated concerns and taken immediate actios�
further bring itself into consistent compliance. Accordingly, it is beiieved that some more time
should be granted to,our client to implement these additional mitigation measures, beyond the
extensive efforts already made, to then provide assurance to this Commission that the matter has
been resolved to everyone's satisfaction, remembering, there will always be those who will �
complain about any music occurring whether or not within the City's noise ordinance. �
While our client and this of�ce would much prefer to proceed in a more reasonod
fashion than holding a public hearing thai requires all parties to set forth at great time a� I
expense its legal positions in a manner as required by law, if the Commission will not so modify
its position, then by this Ietter please understand certain legal positions must also and are being '.
set forth to preserve our client's rights. We do so in an excess of caution hoping at the same tnne
that upon our client's presentation of additional information at the December 4, 2007 hearing
and based upon that provided in this letter, the Commission will agree there is no need to
proceed as previously contemplated.
G:\Licigation DeptWuguata Restaurant�Cor�espondence�t,tr.planComrtn.l2.3.07C.doc
PD 0140
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Planning Commissioners
December 3,2007
Page 3
1. Mitistation Measures.
Our client was very surprised to receive the lettex from the City notifying her of this
hearing to terminate live music. Such a drastic step seems to arise from this Commission's belief
or perception that Ms. Roberge has somehow ignored the City's concems and the noise
ordinance and refused to make any changes to the restaurant This is simply not true. After Ms.
Roberge met with the City in May of this year, she promptly met with her arclutect, Jim
McIntosh. His recommendation,which was consistent with that of Code Enforcement during the
meeting, was that the restaurant put up a barrier on the ceiling and curtains along the wall.
Augusta spent nearly$30,000 to install the curtairis and the ceiling cover prior to presenting any
live music this fall. Copies of receipts for the worl: and materials are attached for your
information and Ms.Roberge's and Mr. Mclntosh will be present at the hearing to explain these '
ef�orts.
Following installation of the mitigation measures, the music return� in early
October. Augusta had no visits from the police department,received no phone-in complaints and
heard nothing from the City. By all accounts these ef�orts had been successful. Ms. Roberge !
thought she had solved the noise issue, until she received this Com�mission's Notice of Hearing �
for December 4�'.
After receipt of the notice, the Augusta Restaurant has taken additional steps to i
ensure compliance. It has purchased its own certified sound Ievel meter. Restaurant staff is �
being instructed to use the equipment and to monitor the sound level. Staff will be directed to ;
instruct the band to turn the volume down,if it exceeds permissible Ievels. Ms. Roberge also haa
and continues to consult with her azchitect on additional concepts to bring down the sound,while
keeping the integrity of the building and the outdoor experience. In particulaz, they have come �
up with a plan for removable sound barriers that will be explained at the Planning Commission �
meeting on December 4�'. i
� We have every reason to believe these measures will finally resolve the issue. Ms. i
Roberge is committed to implementing appropriate and reasonable mitigation measures until �.
resolution is achieved. The import of this information is cleaz; the City Commission's concerns �
are being fully and timely addressed by our client. :
2. Pronosal for Facilitating Continued Compliance. �
I
Augusta Restaurant is a very valuable asset to the City of Palm Desert employing J
approximately fifty (50) people during the season. Tt is a high quality, populaz and successfiil �
business, patronized by tourists as well as seasonal and full-time desert residents. Live outdoor �
rnusic is a big pazt of such success and is not widely available in our a�ea. Augusta Restaurant is
ideally situated for live outdoor music in that most of the surrounding area is commer�ial. It is �
imperative that live music be continued.
i
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G:1Litigation Dept�Augusta ResffiurantVCotreapondencelL,tr,PlanCoTrnrn.123.07C.doc f
PD 0141 '
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Planning Commissioners
December 3,2007
Page 4
With that said, Augusta Restaurant understands that in addition to mitigation
measures undertaken this fall, more may be required. Further, our client understands that you
will likely want to see corrunitment to a specific course of action. Our client is indicating hcr
commihnent and is asking you to not open this matter for a public hearing and decision regarding
revocation of this valuable right The following mitigation and compliance measures have been
carefully considered and are efforts to which our client is committed;
a. As noted, the restauraut has already acquired a decibeI reader. Ms. Roberge aad
her management and staff aze learning to use the equipment, which will produce a record that
will be retained. The City may have access to such records.
b. The restaurant will designate a responsible staff person to monitor the sound level
during each live performance. This p�rson will be given sufficient authority to control the band.
c. The restaurant will immediately begin construction and implementation of the
removable sound barriers with the goal of having them in place, if possible, by December 14,
2007.
d. We have been advised that sound limiters havc the potendal to damage
equipment. Nonetheless, the restaurant will work with its bands regazding implementation of
sound limiters.
e. The restaurant will, if necessary, pay the reasonable cost of having City stat�
assist the restaurant in monitoring the effectiveness of the above measures on some ageed upon
basis.
i
f. The restaurant will consider additional measures as reasonably appropriate.
Augusta Restaurant and Ms. Roberge is making an immediate and firm commitment
to the above measures. With the information now provided, we urge you to se�t aside any
preconceived notion that our client has ignored the concerns of the City. We ask that � �
recognize that through our client's efforts, there is absolutely no violation of the noise ordinan.ce
and CUP before 10 p.m. The limited evidenee now existing as to what is occurring after 10:00
p.m., does not support the conclusion that this is either a consistent or severe problem. The
report certainly discloses some excess occurred,but the average is near compliance and the high ;
decibel readings are of limited and short duration. Street ambient noise, not caused by the
restaurant's music, can increase substantially the readings attributed to the restaurant. The report
certainly suggests that this condition be monitored thoroughly. If a consistent problem exists,
then certain measures should be taken to bring the restaurant into compliance. The evidence
does not suggest nor does i# support the conclusion that Augusta should lose its right to play I
music. Reasonable compliance is the standard to be achieved. In light of the mitigation
rneasures already taken and those now plannEd, there is no basis to modify Augusta's CUP to
ban its right to play live music as of December 4,2007,
i
G:1Litiga6on DcptlAugusm ResteurantiCorrespondencell,or.PlsnCorrnm.12.3.07C.doc pp 0142 �
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Planning Commissioners
December 3, 2007
Page 5
3. Cancellation of Music Will Financiall Destro Au sta and Such a Penal i
Legall,v Without Merit
The Iaw at issue in this matter makes clear that the revocation of a Conditional Use
Pernut which effectively desiroys or damages the holder of that permit, cannot occur without a �
compelling reason and evidence to justify such a result. In this instance, a great majority of our
client's business is dependent upon and/or related to the music that is now sought to be denied.
Our client has invested a huge sum of money in this facility with everyone recognizing that the
restaurant business is very fra.gile and very difficult to maintain. Augusta Restaurant is a fine
addition to the City of Palm Desert and it should not be denied its right to exist under these
questionable cir�umstances.
It is our opinion that should the Commission continue to proceed as is aow
contemplated and occurring will result in our client's due process rights being violated. As a
result, our client is presently in the unfair position of having to defend its vested properiy rigi�t
by means of hastily-gathered evidence. Under these circumstances, any punitive action by the
City at this time would be highly inappropriate and subject to challenge through mandamua
review or other appropriate action.
It is a well-settled principle of California law that because a conditional use permit
creates a vested property right, it may not be arbitrarily revoked. In detennining that a valid(y_
issued permit should be revoked, the municipality acts in a quasiyudicial capacity. As a result, a
pernuttee must be afforded constitutionally-mandated due process rights, including reasonable
notice and meaningful opportunity to be heard. At a minimum, the notice must be reasonably
calculated to afford affected persons the realistic opporhu�ity to protect their interest. The
principal purpose of the notice requirement is to protect a permitee's use and possession of
properiy from arbitrary or mistaken deprivation
With respect to the matter under consideration, the City transmitted the Notice of �
Hearing to Modify the CUP on November 19, 2007. Such Notice was actually received by our �
client late in the afternoon on November 23, 200'], the Friday following the Thanksgiving ;
Holiday and the busiest day of the season at the restaurant. Our office was retained on �
Wednesday leaving very little time to understand the nattue and history of this matter.
Significantly, the Notice failed to include any information, such as a staff report or staff
recommendations, w3uch would facilitate the ascertainment of the facts and provide a realistic � ;
opportunity for a fair hearing. A staff report was finally transmitted to our client by email on i
Friday, November 30, 2007 at 3:38 p.m. Simply put, our client has but a vague notion �
concerning the basis of the action conceming the CUP, is unaware of the identity of witnessos
who will be calleci in support of the amendment of the CUP, is unable to ascertain the veracity of
such witnesses and practically consider and respond to any evidence whieh they may of�'er. Our
client is unduly prejudiced in its ability to prepaze a meaningful defense in opposition of the
deprivation of its significant property interest.
G:\Litigation DeptWugusta RestauranthCrnrespondencel[,tr.PlanComrn.1�3.07C.doo
Pp 0143
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Planning Commissioners
December 3,2007
Page 6
Because the Notice given was not reasonably_calculated to convey the required
information and did not do so in a timely fashion, the present action concerning the C.U.P.
impinges on our client's right to a fair hearing in violation of its due process rights.
4. Conclusion.
We respectfully request that the Commission table the proposed Agenda matter
given the evidence now before it or at least continue the matter until January 15, 2008 to allow
all parties to address these issues. We look forward to a productive discussion on December 4,
2007.
Very truly youis,
SLOVAK BARON&EMPEY LLP
BY: � '�' `"- 'i��-i'"'�
THOMAS S. SLOVAK
� TSS:cIs
cc: Lauri Aylaian,Director, Community Development
David J.Erwin, Esq.
Ryan Stendell,Associate Planner
;
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G:\Litigation Dept�Augusta ReataurantlCotrespondaice�I.tr.PlenCortetn.12.3.07C.doc i
�'D 0144
� � . �
f . _ , . , • �... .. .. . . . .� .. .�_ • ... +. ,
. � - �NTRY .
� CLUB ''?51
A`�VNING .
� BI,IND 74885 JONI DR.,SUITE 6
I PALM DESERT, CA 92260
(760)346-5006/(760)325-9654
FAX(760)56&1470
. :,�...'� ' '
NISE ROBERGE State Lic.#709907
AUGUSTA RESTAURANT 340-5045 9/14/07
NAME
PHONE DATE
ADDRESS 73-995 EL PASEO PAI.M DESERT, CA ZiP 92260
DESCRIPTION
CUSTOM BUILT STEEL FRAME CANOPY TO SPAN OVER TOP OF EXISTING LATTICE
,
� FRAME TO BE 51 FT WIDE WITH 18 FT PROJECTION
-a FR�1viF TO BE BUILT OUT OF EIGHT(8) SEPAR.ATE PANELS, 25 FT 6 IN WIDE EACH
4
5 TWO (21 PANELS TO BE STATIONARY ON SOUTH SIDE OF LATTICE
_6 TWO (2) PANELS TO BE STATIONARY ON NORTH SIDE OF LATTICE
�
.e FOUR(4) PANELS TO BE IN THE CENTER OF LATTTCE MOi1NTED ON A TRACK WITH ROLLERS
9 THIS IS TO BE A ROPE AND PULLEY SYSTEM-TWO WILL ROLL TO THE NORTH AND TWO
+o WILL ROLL TO THE SOUTH TO ALLOW THE TOP TO BE CLOSED. PANELS TO 8E INSULATED
: » WITH 2-INCH FOAM, COVERED WITH SUNBRELLA FABRIC ON BOTH S1DES IN COLOR OF
�2 CHOICE.) PROJECT TO BE COMPLETED BY OCTOBER 6, 2007
��
14 TOTAL,JOB COMPLETED BY TR.AINED AND UALIFIED
15 PERSONNEL OF COUNTRY CLUB AWNING AND BL1ND
t6 INCLUDES TAX MATERIALS AND INSTALLATION ... $23 275.00
TERMS ARE NET CASH. PAYMEf11T IS DUE ANO PAYABLE IMMEDIATELY UPON COMPLETION OF �natN.
ORDER. SPECIAL CUT GOODS ARE NON-CANCELLABLE,
This order is taken by the salesman subject to ths acceptance by the seiler. There are �1p Pa��
conditions agreed upon wheisoever,verbal or othervviae,except as wNtten herein. S'�
All drapery fabrica,plafn or figured, are subject to variation in shading, marking and coloring,etc. T��
Samples suggest the goods to be delivered end are only typical ot the generel coloring end marktng. conerae� �, ^
Drapery fabrlcs are subject to the effeci of climatic chenges and therefore finished lengths ero �•+• �
approximate and are guaranteed for thirty days trom date of installation. DepOu� /,L(,�Q
Upon defaUn in eny term,condition or agreement on the part oi the buyer�the buyer agrees to pay �u:��,p Z S'_'� I
sll expenses necessary Incurred in the cost of collection witb o�without auit,anii in the event of suit�
reasonable attorney's tees and costs of suit.Buyer acknowtedges receipt of a copy of this agreement
"Any conrroversy or rlal�n ar+sf�eg o�t of or relaring to this contract,or fhe
breach�hereof,s►w/f be sealed b,y arbrtratioe in accordarce with the Unijorm
Rules jor Betta Business Brereau Arbidotion,and the judgement upon t1u awerQ
rendered by�he Arbitra[or(s)heay bs enle�ed in any Court havi�g jurisdictio»
thersoj•,
SALESMAN ACCEPTED BY(SELLER)
BUYER
PD 0145
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DOetaec
� PO Bax 534
Oak vew,CA 93022
805-889-85Z4
FABRICATION AND MATERL�L TOTALS FOR INSTALLATION OF SOUND WALL AT
AUGUSTA BAR AND RESTAURANT�PALM DESERT CALIFORNIA..
Materials to be supplied as follow�: • �
9-3/8-inch I�IDF custom cut paada,to haag from upper beam ia Cabana area
Sheet soundproof vinyl laminated to bacic side of IVIDF, .f4r sound absorptioo. ,
2 iad�closed ce11 foam,glued to front side of MDF.
Hardware for easy installatioq and reanovat of pane�s,
. .
Labor: .
C�tting and lamination of a!l materials to be fabricated and assembled at aty shop,then delivered
and installed on sita........ �
Foam pand color choices: charcoal,graY, marooq red,blue, orest green, eily green,Purpla
browq orangc� aad pium...Ptease choose ona
Cost totala:
Materials S 1676,00
� I.abor S 1123.00
Delivery aad first installati� SI50.00
A 58 pp�cer�t deposit w+iU required to T���� ��9��
�
APPmved � d E date d � �' : .
ShiPPing costs of materials will be billed at time of install.No guaraatec ia being made to the �
effecdveness of the barrier. Although some time has been put into researching the method and
. materisls being used,wh�e also being cost effoctive.... Stored pmpedy,the screen will last a
very long time. Please feel free to call me with ac�yr questiona at the above phone number.,.
Thaak you
PD 0146
, ' 1 1 QAR
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Greg Doemer �
P.O Box 534
Oak View Ca. 93022
805-889-8524
FABRICATION AND MATERIAL TOTALS FOR INSTALLATION OF SOUND WALL AT
AUGUSTA BAR AND RESTAURANT,PALM DESERT CALIFORNIA.......
Final Billing as Follows: ,
Balance from last invoice �1449.00
Additional vinly barrier needed tb�complete wall 5386.00
All shipping,delivery charges,and�ta�ces �424.00
. Total due at time of installation $2259.40
Please make check payable to Greg Doemer
Thank you for yoeu patience and let's `KICK OIJT THE JAMS'
Shipping costs of materials will be billed at time of instalL No guarantee is#�r�g made to the
effectiveness of the barrier.Although some time has been put into•researcl�ing the method at►d
materials being used,while also being cost effective.... Stored properly,the screen will last a very
long rime..Please feel free to call me with any questions at the above phone number...Thank you
PD 0'147
1,1/29/2097 17:27 768348�Z2 PLAZA RQBER(;E �. PAGE 01/06
� . .
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�
�1�CSYMILE T�tANSMI'xTA,�,. SHEET �
� � , ---
TO: r'ROM:
Mau=een CGuinan Tiffi�nq Iv�.Windsvr
CO�v[PANY: . DA,'I'E:
Slv�alc,Batan Lic F.mpey �.'1/29/20A7
rA� NUI�F3ER: TOTAL NA� Ok PAGES TNCLUI�ING CO�'ER:
7G0/322-210'7 6
P�iC�NF �1UMBr,R: SI:NDER'S RE.F�RENCE �1UM1i�R:
760/322-2275
R�:
Augu,ara Reststurant—Souz�d Midgation
.� — - �
❑Uxcj►<N'I' ❑hOR RK�II:W ❑i°l.t:AR�?c:c�MMK.NI' ❑I�l.l'sAar.ti►t��:t�LY ❑1�I.r:nSL+RN.r.YCLi:
,Attached,plcaae find co�ics of bills as follocva:
� ■ FaU�.c fox.curt�ins �1,598
■ Manufactvre and Insta.11aaoa af cuxtaine � 84U .
■ nrlpery Rads � 681
I a�cccivcd th�sou�nd metcc today hut nc�y s�re sez�ding the invoice scparsue. Tha price waa
appmxiruately $500.
7�•006 EL PASEO ■ PA4M D�SERT, CA ■ ea�eo • �l0134a•SOA6 PNONE ■ �eora4o•167a FAX
�p 0148
11/29/2887 i7:27 768340 ?2 PLAZA RO$ERGE PAGE 82!06
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.
919-920 SO.MApI.E AVENU�
,� • LOS ANGEl.EB,CALIFORNIA 90015-1812 A 66207
�'�'� (213)822-6269 (2�3)822-a3i6 INVOICE NO.
FAX:(213)893-OSO4 .
SOLD TO: SHIP TO: ��
DENISE R�BERC�E (JEWELRY) �.
73-995 EL PASEO •
PALM DES�RT� CA 92280 .
INV0ICE DATE 10 N0. SHlPPED V1A GUSTOMER ORDER NO. SALf3
08�06/2007 OENR06 Taken WILLIAN/JOSEPH�N
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� PD 0153
��: � City of Pal� Desert
���,� c�:;?..
�1,��' Speaker's Card
� � �
~� Meeting Date: /-/���
If you are attending a City Council, Redevelopment Agency, or Planning Commission meettng and
would like to address the Board, please complete the following information and give it to the City
Clerk and/or Secretary in advance of the meeting. Thank you.
Name: �I�/
Address: -��-���� i-/� + Y (eL'[� /
/wou/d/ike to speak unde�:
1. Oral Communications Section abou�
2. Regular Agenda Item No. '� ` r r H-
.�- - -
� 3. Public Hearing Item No.
In Favor Of In Opposition to
Comp/etlon of th/s cana/is vo/unEa�yc Yoa may attend and pa�t/cfpate/n tbe meeting rega�d/ess of whethei oi
not you comp/ete th/s document /ts p�rpose ls fo aid slaNin compi//ng comp/ete and accurdte�ecord� Than/r
wou fbr yoar courtesy and cooperation.
_,.�.�._._ ________._�
______
�,.,._.,_,._._.___.__
�.,`�� � City of Pal� Desert �
. � t��t Speaker's Ga��d:,
���- � .
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_ _ ~� � � �
. Meet�ng Date: g�
If you are attending a City Council, Redevelopment Agency, or Planning Commission meeting and
would like to address the Board, please complete the following information and give it to the City
Clerk and/or Secretary in advance of the meeting. Thank you.
Name: � ��� � � � � �
Address: � `� �"� `� � �"` � it ' ' � � �
/wou/d/ike to speak under.
1. Oral Communications Section about: �
�-,;�..� (��"�i�i�
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2. Regular Agenda Item No.
� 3. Public Hearing Item No. � � ( , �
PD 0154
In Favor Of In Opposition to
Compietion of thls car is vo/untaryc q�may�and particlpate in the meeting regard/ess ot whefher oi
not yo�con�p/ete this doc�ment. /ts puipose is to aid staKln compi/ing eomp/ete and accurate iecoids. Than�r
yoa Ifo�your courtesy and coope�atfon.
��-�v ( City of Pal� Desert
,��,�, Speaker's Card
�,, .
��K �4:
Meeting Date:___/_�.�'� 0 �'
If you are attending a City Council, Redevelopment Agency, or Planning Commission meeting and
• would like to address the Board, please complete the followtng information and give it to the City
Clerk and/or Secretary in advance of the meeting. Thank you.
Name: ��G'f"N {"V�� � � `�
Address: �� l��-�LJI/I ��(�/U/ �/� ����IC�� � —
/wou/d/ike to speak under.
1. Oral Communications Section abou�
2. Regular Agenda Item No. V �� �
3. Public Hearing Item No. /z
In Favor Of In Opposition to
Comp/et/on of thls card is vo/untary. Yon may attend and participate in the meeting�egaid/ess of whethei oi
no!yoa comp/ete thfs document. /ts paipose is to aid staNin compi/ing comp/ete and accurate recoid� Thank
•oa/o�you�courtesy and cooperat/on.
_ ._ _..� _ •
-- - ___ :. __,.:.._!_
�-�' � City of Palr� Desert
��.,,�r�,��� � � � Speaker's C�rd
� � ���
� Meeting Date: D � �s v�
If you are attending a City Council, Redevelopment Agency, or Planning Commission meettng and
would like to address the Board, please complete the following information and give it to the City
Clerk and/or Secretary in advance of the meeting. Thank you.
Name: tJ O � /t� ��� C b � � �
Address: /�J�� � � ��� �
/wou/d/ike to spealfr under.
1. Oral Communications Section about:
2. Regular Agenda item No. t� �
� 3. Public Hearing Item No. P.D 0155
In Favor Of In Opposition to
Comp/etion of thls caid/s vo/untary� You may attend and paiticipate in the meeting iegard/ess ot whethei oi
not yo�comp/ete this document. /ts purpose is to aid staH/n compi//ng comp/ete and accarate recoids. Thsnk
you/�oi you�courtesy and cooperation.
,.�����y=��, - City of P1(�-^�m Desert
a'�r'� �'�f'� \.
� L Speaker's Card
. �._.. .
5 � .� - I.+'° =
`�-;.`��' �' ; . � Meeting Date: ���"7
��z..�:� .
If you are attending a City Council, Redevelopment Agency, o► Planning Gommission meeting and
wquld like to address the Board, please complete the following information and give it to the City
Clerk and/or S cretary In advance ot the meeting. Thank you.
Name: L
Address: ��' "��� J� ��'��
/wo�/d/fke !o speak�nder.
1. Oral Communications Section about:
2. Regular Agenda Item No.
3. Putilic Hearing Item No. �
• In Favor Of In Opposition to �
Comp/etion ol this caid is vo%ntary, Yov may attend and paitfeipate in fhe meeting iega�dless of whethe�oi
not yo�comp/ete this doc�ment. /ts purpose is!o aid staHin coinpi/ing comp/ete and accurate iecord� Than�r
you for youi co�itesy and cooperatio�
�► � City of Pal� Desert
�
� Speaker � Card
3 �
�� ���
� ����;�
�„
`x Meeting Date: I� I���-1 _
If you are attending a City Council, Redevelopment Agency, or Planning Commisslon meeting and
• would like to address the Board, please complete the following information and give it to the City
Clerk and/or Secretary tn advance of the meeting. Thank you.
Name: � � � �� ��� �
Address: ��
/wou/d/Ike to spealr under.
1. Oral Communications Section abour
2. Regular Agenda Item No. `� A� �
3. Public Hearing Item No. �V�� �' ` �t1 '— I � D 01�56
�
1 Favor Of , � In Opposition to
,��m,��+'�j /yyu,�I�.�
Comp/etion of this card is vo/untaryV You may wtf� and particlpate in the meeting rega�d/ess o/whethei o�
not yo�comp/ete this doc�ment. /ts puipose is to aid staffin compi/ing comp/ete and accuiate�ecoid� Thank
yow Jrcr yoar couitesy and cooperatfon.
�
f , , � � ,
� C11Y Of � lf� DESERT
73—�10 FRED WARING DRIVE
PALM DESERT, C�LtFoxxt�gz26o-2578
'r�.: 760 346—o6�i
F�x: 760 ;q�-7oq8
info�palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: January 17, 2008
Augusta Rystaurant Mr. Thomas S. Slovak
Attn: Denise Roberge and Tiffany Windsor Slovak, Baron & Empey, LLP
73-995 EI Paseo 1800 E. Tahquitz Canyon Way
Palm Desert, California 92260 Palm Springs, California 92262
Re: CUP 96-15
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its regular meeting of January 15, 2008:
PLANNING COMMISSION ADOPTED RESOLUTION NO. 2462
MODIFYING CASE NO. CUP 96-15 (AMENDMENT NO. 3) BY
ELIMINATING AMPLIFIED MUSIC IN THE OUTDOOR DINING PATIO
AREA OF AUGUSTA RESTAURANT. MOTION CARRIED 4-0-1
(CHAIRPERSON CAMPBELL ABSTAINED).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the da#e of the decision.
�<!t .
Lauri Aylaian, Secretary �
Palm Desert Planning Commission
/tm
cc: Coachella ValJey Water District
Public Works Department
Building & Safety Department
Fire Marshal
PD 01�7
�^��«.�,�
�
, �
1
' PLANNING 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 Califomia Environmental QualityAct, 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. Thatthe 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 a� 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 a
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 #o 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 #en surrounding
residents and Code Enforcemen#/Planning staff obsenration 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 ou#door
music being played until 11:30 pm subject to the City's approved Noise Ordinance
(Chapter 9.24 of Palm Desert Municipal Code).
PD 0158
. �'' �A �
pLANNING COMMISSION RESOLUTION NO. 2462 � �
NOW,THEREFORE,BE IT RESOLVED by the Planning Commission of the City of Paim
Desert, Califomia� as follows:
1. That the above recitations are true and correct and constitute the fndings of the
commission in this case.
2. That approval of Conditional Use Permit 96-15 Amendment No. 3 (Mod�ed)
eliminating amplified music in the outdoor dining patio area is hereby granted�
subject�o 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 •
� �
� SONIA M. CAMPBELL� Chairp rson
ATTEST:
LAURI AYLAIAN� Secretary
Palm Desert Planning Commission
2
PD 0159
.
. �
' ` �.,
.
PLANNING COMMISSION RESOLUTION NO. 2462
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 AMENDMENT NO. 3 (MODIFIED)
Department of Communitv Develoament:
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 PD 01�60
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
- - PLANNING COMMISION STAFF REPORT
REQUEST: Consideration of an amendment to an approved Conditional Use
Permit to eliminate nightly music entertainment in the outdoor dining
patio area of the Augusta's Restaurant. Subject property is located
at 73-995 EI Paseo (APN: 627-272-005).
SUBMITTED BY: Ryan Stendell
Associate Planner
CASE NO: CUP 96-15
DATE: December 4, 2007
I. EXECUTIVE SUMMARY:
Approval of this request will direct staff to prepare a resolution to eliminate the
previous approval for outdoor music at the Augusta's Restaurant located at 73-
995 EI Paseo.
II. BACKGROUND:
A. Site Description:
The subject property is located at the southwest corner of EI Paseo and
Portola Avenue. The property is zoned General Commercial (C-1) and is
currently operated as a restaurant and art gallery. The property is
surrounded on all sides by commercial properties with the exception of a
four unit multi-family residential complex located on the south side of
Larrea Street. The restaurant has an outdoor patio located on the south
side of the building, which is behind an existing wall and landscaping (see
attached site plan). .
B. Adjacent Zoning and Land Use:
North: C-1, Genera! Commercial / Existing Retail
South: C-1, General Commercial & R-3 Multi-Family f�esidential
East: P, Public Institution / Post Office
West: C-1, General Commercial / Existing Retail
PD �0161
� Staff Re ort � ,� �
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CUP 96-15
December 4, 2007
Page 2 of 5
C. Chapter 9.24.030 of P.D.M.C. (Sound Level Limits)
The municipal code states that sound level limits for Commercial zones
must conform to the following:
Commercial Zones 7:00 am to 10:fl0 pm 55 decibels
10:00 pm to 7:00 am 65 decibels
The code defines the measurement as a ten-minute average sound level
limit or as otherwise specifically indicated.
D. Conditional Use Permit 96-15:
In December of 2000, the Planning Commission adopted Resolution �032
approving a request to allow amplified music in the outdoor patio area of
the Augusta's Restaurant. The approval stipulated the following
conditions:
1. The outdoor music shall be limited to 10:30 p.m. on Friday and
Saturday nights only. The outdoor music shall comply with the
noise sound level for residential properties prescribed in Chapter
9.24 of the City Municipal Code.
2. The subject conditional use permit shall be valid for a three-month
period from the date of Planning Commission approval (i.e.
December 5, 2000 to March 5, 2001). An extension may be
gran#ed by the Planning Commission if the Commission determines
that after the three-month period the use has demonstrated
conformance with the conditions of approval and has been found to
be compatible with the adjacent properties.
The applicant appealed the Planning Commission decision and was heard
by the City Council on January 25, 2001. At the City Council meeting the
applicant requested consideration to allow the outdoor dinning music
seven days a week until 11:30 p.m. The City Council approved the
applicant's request with the following conditions:
1. The outdoor music shall be limited to 11:30 p.m. and shall comply
with the City's Noise Ordinance (Chapter 9.24, see attached).
�PD 0162
G:�Plonning\Ryan Strnde111Word D�taKY)p 96.I3 PC-RFT.doc
� ' Staff Re ort �Y i �
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CUP 96-15
December 4, 2007
Page 3 of 5 �.
2. The subject conditional use permit shall be valid for a six-month
period from the date of City Council approval. After the six-month
trial period, the City Council shall hold a public hearing to determine
if the use has demonstrated compliance with the conditions of
approval and has been found to be compatible with the adjacent
properties.
At its meeting of November 20, 2001 the Planning Commission approved
a request making the previously approved temporary approval permanent.
At that time the staff sent out a public notice and had no comments from
surrounding property owners. Staff at that time concluted:
1. The applicant had demonstrated that the proposed outdoor music
will not negatively impact any adjacent properties and complied
with the required noise levels.
2. The proposed location is visually and acoustically screened with
existing walls, landscaping, and buildings found on-site at Plaza
Roberge.
3. The proposed outdoor music site (i.e. adjacent to the res#aurant
building), is located 200 feet from the nearest residential property
on Larrea Street.
E. Code Enforcement Action:
Beginning in 2004 the Code Compliance and Palm Desert Sheriffs
Departments began receiving complaints from surrounding residents
regarding excessive noise from Augusta's. Between 2004 and 2005 Code
Compliance Officers conducted sound measurements in the field to
determine whether or not the music was in compliance with the City's
noise ordinance. At that time staff found numerous occasions where the
music was out of compliance. Typically the restaurant has been found to
be out of compliance after 10:00 pm when the code states that the
maximum decibels is 55. Readings have consis#ently shown befinreen five
and ten decibels over the allowable limit.
In October of 2006, the City Council authorized staff to hire an acous#ical
engineer to examine the music's impact on the neighborhood. The
acoustical engineer found the music to be out of compliance and
PD 0163
G:\PlanninglRyan StendelPWord DaaKUP 96-IS PC-RPT.doc
' Staff Re ort � �
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CUP 96-15
December 4, 2007
Page 4 of 5
recommended some mitigation measures that would help to bring the
music into compliance. The suggested mitigation measures included
enclosing a gate on Prickly Pear and Larrea Street, installing ten to finrelve
foot sound attenuation panels adjacent to the patio, and enclosing the
patio.
In May of 2007, Ms. Roberge met with City officials to discuss the issues
with noise. Ms. Roberge requested that the City put off any public hearing
to eliminate outdoor amplified music because the restaurant would be
closing for the summer and the applicant would then construct the
necessary improvements to mitigate ;he sound.
On November 2, 2007, after receiving new complaints, the Code
Enforcement Department conducted another sound measurement and
found the restaurant to be out of compliance by 4.67 decibels. Staff has
observed that curtains have been added to the outermost edge of the
patio cover and Augusta's staff has stated they installed sound attenuation
devices on the top of the patio cover.
III. ANALYSIS:
Any Conditional Use Permit issued may be modified, discontinued, suspended or
revoked by the Planning Commission for any of the following reasons:
1. Has failed to compty with any applicable provision of the Palm Desert
Municipal Code, including but not limited to the City's building, zoning and
health regulations; or
2. Has failed to comply with any condition imposed by the Conditional Use
Permit; or
3. Has allowed the existence of or created a public nuisance in violation of
the Palm Desert Municipal Code.
Staff feels this is the appropriate time to hold a public hearing to consider
amending the approved Conditional Use Permit to eliminate nightly music.
IV. CONCLUSION:
Augusta's Restaurant has consistently violated the noise ordinance dating back
to 2004 and has been cited by Code En#orcement and the Palm Desert Police
during that period. Augusta's has repeatedly stated that mitigation measures
would be construc#ed to eliminate the sound violations. To #his date
PD 0164
G:1PlanningUtyaa StendelAWord pata�ft_96-15_PC-RPT.doc
• Staff Report `' �
CUP 96-15
December 4, 2007
Page 5 of 5
improvements have not been sufficient to mitigate the violations of the noise
ordinance. Staff has determined that Augusta's Restaurant is not in compliance
with the approved Conditional Use Permit or the Municipal Code. Based on the
continued failure to comply, staff is recommending that the Planning Commission
direct staff to prepare an amendment to the approved Conditional Use Permit to
eliminate the nightly music entertainment in the outdoor patio of Augusta's
Restaurant.
Augusta's has indicated that it will attempt to provide a proposal to address
concerns that will be delivered to the City by noon on Monday, December 3, and
that will be delivered to thA Planning Commission members prior to the meeting.
V. ENVIRONMENTAL REVIEW:
For the purposes of CEQA, the Director of Community Development has
determined that the Conditional Use Permit is a Class 3, Categorical Exemption,
and no further review is necessary.
VI. ATTACHMENTS:
City Correspondence; Code Compliance Sound Checks & Police Reports
City Prepared Acoustical; Analysis & Mitigation Measures
Planning Commission Minutes 04/19/05; Sound Complaints
Planning Commission Minutes 06/07/05; Sound Complaints
Planning Commission Minutes 07/19/05; Sound Complaints
Aerial/Site Map
Sub ' �y: Department Head:
Rya dell Lauri Aylaian
Associate Planner Director, Community Development
Approval:
Homer Croy
ACM, Developm Services
PD 016�
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. CItY OF � L �l DESERI
73-5t0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25�$
� 760 346-06��
F�►�c: 760 34�-7098
info�palm-desert.org
November 19, 2007
Ms. Denise Roberge
73-995 EI Paseo
Palm Desert. CA 92260
Re: NOTICE OF HEARING TO MODIFY CONDITIONAL USE PERMIT (CUP
96-15� AMENDMENT #3).
Dear Ms Roberge:
Based on continuing noise complaints and observed violations by our Code
Compliance Officers, staff has determined Augusta's Restaurant is not in
compliance with the approved Conditional Use Permit (CUP) or the City's Noise
Ordinance (Section 9.24 of the P.D.M.C.). A public hearing will be held to
consider an amendment to the approved CUP to eliminate nightly music
entertainment in the outdoor dinning patio area of the Augusta's Restaurant. The
hearing will be held on December 4, 2007 at 6:00 p.m. in the Council Chamber
located at 73-510 Fred Waring Drive.
Please direct any questions regarding the above-mentioned public hearing to
Ryan Stendell at (760) 346-0611 ext. 384
Sincerely,
Ryan Stendell
Associate Planner
Attachments: Code Compliance Memo dated November 5, 2007
PD 0167
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�'1��� CITY OF PALM DESERT
�
PLANNING DEPARTMENT
• INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Offic�
Date: November 5, 2007
Subject: Augusta's Night Time Sound Levels ,
On Friday November 2, 2007 I performed sound measurements at Augusta's
Restaurant Three measurements were taken, all from the nearest residential property
line (same location as was done previously).
The first measurement started at 9:20 PM and continued for ten minutes. The average
A weighted sound level was 58.02 decibels. The band played throughout the ten
- minute period. The allowable decibel levels for this period (before 10:00 PM) is 65.
The second measurement started at 10:00 PM (band was still playing) and was for ten
minutes. The average A weighted sound level was 58.92 decibels. The band played
only half of the ten minute time period (band went on break), The allowable decibel
levels for this period (after 10:00 PM) is 55.
The third measurement started at 10:32 PM (band resumed from break) and was for
one hour. The average A weighted sound level as 59.67 decibels. The band played the
majority of the hour until 11:27 PM.
The conditional use permit requires that sound levels be below 65 decibels before 10:00
PM and.below 55 decibels after 10:00 PM. The average A weighted sound level after
10:00 PM was 59.67 decibels.
Attached is a c howing the pertinent sound level measurements. -
J erfehr
ode Compliance Officer
PD 0168
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� CITY OF -� � (� OESERT
73-5�o FxEn W�uxc DwvE
' ` PALM DESER't, C�t.iFoxxu g2i6o-2�78
�r�t.: 760 346—o6it
F�x: 760 34i-7oq8
i nfo�palm-deserc.org
July 5� 2007
Denise Rober�e
70380 Dese�t Cove
Rancho Mirage, CA 92270
Ref: Proposed Patio Enclosure for Augusta's Restaurant
Dear Ms. Roberge:
Thank you for meeting with me� Carlos Ortega� Homer Croy, and Steve Aryan on Tuesday.
May 15. 2007� to discuss ongoing noise complaints that the City has received regarding
• Augusta's Restaurarrt.
I was pleased to hear that you have plans underway for modification of the patio/dining area
to provide sound attenuation for live music performed there. As we discussed at that
meeting� I will work with you upon submission of plans for a roof and sliding walis to enclose
the patio in order to get a timely review of your design submission. I am a littie concemed
that� as of the date of this letter� no plans have been submitted to either the Planning
Department or the Building and Safety Department. Depending on the complexity of design
and the number of building systems involved, the plan ched( and permitting process can
take several weeks to several months. Therefore, I would like to encourage you to complete
your design and submit it for review at your earliest opportunity. This is necessary to allow
adequate time for review and app�oval of the design, as weli as for construction of the
improvements, prior to resumption of operations of the restaurant this Fall.
As a reminder, the City is counting on your proposed patio enclosure to bring Augusta's
substantially into compliance with the Noise Ordinance and your Conditional Use Permit
before live or amplified music is resumed at the restaurant this FaIL
Please contact me at your earliest opportunity to give me an update on the status of your
design wo�lc and to let me know if there is anything that 1 can do to facilitate you� efforts to
bring Augusta's into compliance.
Sincerely,
Lauri Aylaian
Director. Community Development
City of Palm Desert
cc: Carlos Ortega, City Manage�
PD 017p
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April 24, 2007
Mailed U.S. Certiffed and Hand De/fvered
Denise Roberge
C/O Augusta's Restaurant �
73951 EI Paseo
Palm DeseR, CA 92260
Case No. 07-1406
Your pr��perty located at 73951 EI Paseo, also legally known as APN 627-272-005, and
more specifically knoMr as Augusta's Restaurant� is in violation af the terms of
Conditional Use Permit 96-15.
Our offioe has received numerous complaints regarding the level of noise coming from
Augusta's. Historical data indicates that sound levels generated by Augusta's outdoor
music have been in violation every time it was metered. Palm Desert Police have
responded to many Disturbing the Peaoe calls at Augusta's.
You must immediately cease all violations af C.U.P 96•15. Sound levels may not
exceed 6S decibels from 7:00 a.m. untll 10:00 p.m., and 55 decibels from 10:00
p.m. until 11:30 p.m. No outdoor band or amplifted muslc is allowed after 11:30 �
p.m. You may not disturb the peace and tranquility of the surroundin�
neighborhood by violattng section 415 of the Califomia Penal Cods.
You have been given ample opportunity to oorrect sound level problems at Augusta's.
City statf has advised you af the problems via letter� Notioes af Volation and aral
comrnunication with Executive Management as wetl as members of the City Council and
Planning Commissions. You must immediately comply as indicated above. A failure to
do so� will result in citation and/or revocation of your Conditional Use Permit. _Your
prompt attention to this matter is urged.
Thank you in advance for your 000peration. Should you have any questions, please
contact our office at (760) 346-0611� ext. 477. � .
Sincerely, . �:
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PD 0171
l\ ��
DATE ' •-Il-�6
TIME 3%2$
CASE NO. v b�Z��J
CITY OF PALM DESERT
NOTICE OF VIOLATION
Au9uStas
Dear Property Owne�/ Resident/Tenant at 7 399.5 �/ r�45�o
;
During regular City patrol your Code Comptiance OfAcer noted that you
rnay have overlooked, or wero unaware of, the volatlon(s) indicated
below. This Notice of volation is br your information and a�tlon.
Continued uversighf/disregard will result in the issuance of a citation. Wls
thank you for your complianc�.
City Ordinance No.Q24.030�Soa,� l.evc\ ��w.��5�� '
Violation �'�� tttvh5 a f �nu� Ce.,A:t:�v,n\ �1s� Qe�w,;t �
�caa:�e c�.�,o�;a►.,ce w:ch �n�w, oe5��t•s .sou�dj�;��.e
Gcc�;rlo,,neQ. 0�� of'F:ee �na�s c'eCe:��c� ec:r,n�ln��1s cabOuT
�,�pl��':e� �u,►,� 1e�e1S cow►�r4 ��row� Aua;��tas; PleaSe ;
�w�Nne�:o,�reh► 6�:rYi SoUnd 1e�e�5 �v�to Cov,n p��ar�[Q or �
���,uce v;oln��ohS w�,i1 �e5c��t ,n t1�� issua,,,rr of a
�.�,�td��on a� t�e e1'�w,'�nar:nv� �f uou� a��lity �to
�rav;�g o�w+V1',�ced vriusic O4 ti�;C.aT ,�n you� C.�1►,?
Please call Code Compliance at 346-0611 ext. 477 if you have a quesdon
or need addi�onal informatlon. Your Code Compliar.ce Oficera are avail-
able to assist you.
Thank you,
Follow-up inspection � � 1�
Code ompliance Offiosr
PD 0172
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Cit Pre ared Acoustical
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PD 0173
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: � � �� CITY Of H�Lf� DESERT
73-5�O FRED W�IRING DR[VE
�`£ "' PALM DESERT, CAL►FORNIA 92260-257$
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'rEi: 760 346—o6�t
. I F�x: 76o 34i-7og8
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December 13, 2006
Ms. Denise Roberge �
73-995 EI Paseo
Palm Desert, CA 92260
Dear Ms. Roberge:
Re: Augusta Restaurant Outdoor Music
Over the last year we have seen an increase in complaints from the surrounding
residentiai neighborhood concerning the outdoor music at Augusta's Restaurant. As
you know, our Code Compliance Department has conducted sound readings at your
location, and has found the music in violation of our Noise Ordinance levels.
In October 2006, the City Council authorized staff to hire an acoustical engineer
(Gordon Bricken & Associates) to examine the music's impacts and develop mitigation
measures to lower the sound levels and reduce the impact to the neighborhood.
Attached please find a copy of the acoustical�engineer's report. The report indicates
that the following mitigations should be implemented to reduce the noise levels: �
• Enclose the gate located at Prickly Pear and Larrea Street.
• Install 10-12 foot high sound attenuation panels adjacent to patio.
• Install a sound level limiter on the music; or
• Enclose the patio
We hope that we can work with you to implement these mitigation measures. We feel
that these measures wilt reduce the noise levels and bring them into compliance with
the City's Noise Ordinance. Our goal is to ensure the continued success of your
restaurant and the preservation of the quality of life for our residents.
Once you have reviewed the report, please contact me at your convenience so we may
set a meeting date. I look forward to working with you on this matter. If you have any
questions, please feel free to contact me at (760) 346-0611, Extension 461.
Sincer ,
mer Croy
Assis#ant City an ger for Development Services
cc: Carlos L.Ortega, City Manager pp 0174
David Erwin, City Attorney
�
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� � ' . 06/837 .
GORDON BRICKEN & ASSOCIATES
ACOUST�CAL and ENERGY ENGINEERS
October 30, 2006 RECENED
NOV 0 9 2006
Development Services
City of Palm Desert
M E A S U R E M E N T A N A L Y S Y S
�x - - � s � a � s � a a s c a a a a a
A U G U S T A R E S T A U R A N T
_ _ _ � � a = _ _ � _ = a = _ _ _
C I T Y O F P A L M D E S E R T
_ _ _ _ _ _ _ � � � _ � _ � s =
Prepared by� Prepared for:
� uN�'"
�
Gordon Bricken MR. MARTIN ALVAREZ
President CITY OF PALM DESER'�
73-310 Fred Wa�ing
�m� Palm Desert, Cali�or�ia
" 92264
1621 East Seventeenth Street,Suite K Santa Ana�Califomia 92705-8518
Phone(714)835-0249 FAX{714)835-1957
PD 0175
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` . 06/837
GORDON BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
S U M M A R Y
Sound measurementa were conducted at a location on Larrea
Street across from the Augusta Restaurant on Friday, October 27,
2006, from 6 :30 to 9: 00 P.M. The musical performance was low key
renditions with mainly an amplified guitar and singer.
The ten minute samples indicate that the restaurant � s
A-Weighted measurement of 55. 9 dBA Leq is 0. 9 d8A over the allowed
limit of 55 dBA. The 0 . 9 difference is within the range of normal
measurement error probability so the result does not provide a
reliable basis for declaring a violation.
The ten minute samples indicate that the reataurant � s
C-Weighted measurement of 65 .1 dBC Leq is 1. 7 dBA over the allowed
ambient corrected limit of 63 .4 dBC Leq. The 1.7 difference would
indicate a violation even with considering the factor of normal
measurement error probability.
It is not known whether the measured performance is a
worst-case example . Any potential mitigation will need to address
the worst-case. Potential mitigation measures include replacing
. the gate along Larrea Street, partial or full enclosure of the
restaurant patio and installation of electronic limiters on the
sound system.
1621 East Severiteenth Street, Suite K Santa Ana,Califomia 92705-8518
Phone(714)835-0249 FAX(714)835-1957
PD 0176
, . ' �' �Y:,.�.. �.l �� • T , •
A" 06/837
G � RDQN BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
1 . 0 INTRODUCTION
This report presents the results of noise measurements
taken opposite the Augusta Restaurant on October 27,
2006 . Included in this report ia a discussion of the exterior
community noise environment, the reaulta of ineasurements of noise
from the Augusta Restaurant and the recommendations for control of
noise. '
2 . 0 DESCRIPTION OF THE LOCALITY
The location of the Augusta Restaurant is shown on
Exhibit 1. An aerial photo of the site is shown on
Exhibit 2 . The main entrance to the restaurant is from E1 Paseo.
The area is shown in the following photographs:
1 . Exhibit 3 . The upper photo of this Exhibit
shows the south side of the restaurant and the
outside seating area. A stage is to the right in the
photo inside the facility and not visible in the photo.
The lower photo is the view of this same area
as taken from Larrea Street at the corner of Prickley
Pear Lane.
� 2 . Exhibit 4 . The upper photo is a view of the
north side to the west along Larrea Street .
There is a wall along the Augusta Restaurant property.
The wall extends to a point just short of Prickley Pear
Lane. There is an open iron lattice work gate at the
intersection of Prickly Pear Lane and Larrea Street . The
solid wall continues up Prickley Pear Lane.
The lower photo is a view of the south side of
Larrea Street taken from the intersection of Prickly Pear
Lane and Larrea Street. The two story building is an
'� office building. However, the area south of Larrea
Street is zoned residential and most properties are
residential uses, including those to either side of this
building. •
1621 East Seventeenth Street, Suite K Santa Ana.Califomia 92705-8518
Phone(714)835-0249 FAX(714)835-1957
PD 0177
.. � ; C- ��_�. .
, 06/837
3 . 0 APPLICABLE NOISE CRITERIA
The City of Palm Desert requires that the restaurant
comply with the terms of the City' s Noise Ordinance.
The requirements are given in Table 1.
TABLE
APPLICABLE EXTERIOR NOISE CRITERIA�1�
• ZONE TIME , dBA dBC
Residential 7:00 A.M. to 10:00 P.M. 55 58
10:00 P.M, to 7:00 A.M. 45 48
Commercial 7:0� A.M. to 10 :00 P.M. • 65 68 .
10:00 P.M. to 7 :00 A.M. 55 58
Industrial Anytime 70 73
Agricultural Anytime 55 56
(1) a. The A-weighted (dBA) and C-Weighted (dBC) levels are the
10 minute average readings. � The average reading
nomenclature usea the term Leq after the level listing.
b. If the ambient exceeds the limit in the table, the
allowed limit will be the ambient. �
c. The measurement location shall be on the boundary of two
zoning districts or the property line of the affected
residential property.
4 .0 MEASURED NOISE LEVEL3
The measurement point was the front yard ar.ea of the
office building shown on Exhibit 4 . This is taken to be
the boundary between the two zoning district+s which would be the
location that applies in thia instance. The location is acrosa
from the lattice work gate of the Augusta Restaurant.
Measurements are conducted using an Ono Sokki Model
LA1250 Sound Level Meter and a Bruel & Kjaer Model 2317 Portable
Level Recorder and a Larson Davis Model 700 Integrating Sound Level
Meter. The Larson Davis unit was set to automatically record the
five minute average sound level.
5 . 0 MEASUREMENT RESULTS
The measurements were conducted from 6 :30 •P.M. to 9: 00
P.M. The music a�ctivity started at 7:30 P.M. The music
appeared to consist of a small combo with guitar and singer. The
music was amplified. 3'he combo location was on the stage inside
the restaurant.
4
PD 0178
. � � �� �-�- . . . ,. .
•• � 06/837
The A-Weighted and C-Weighted samples are listed in
Table 2.
TABLE 2
MEASURED NOISE SAMPLES �1�
TIME SOURCE dB�,_ d_ B�
6 :30 to 6 :40 Ambient 50.5
6 :40 to 6 :50 Ambient 63 .4
7 :35 to 7:45 Total 53 . 6
7 :45 to 7:55 Total 65 .6
8 :16 to 8 :26 Total 57.0
8 :29 to 8 :3�9 Total 67.4 •
(1) a. The ambient is the level without the music. The
total is the non-music ambient and the music together.
b. The readinge are the ten minute averagea. �
The Larson-Davis automatic monitor recorded the average
A-Weighted noise level in five minute intervals. There were 23
intervals. These five minute intervals can be combined into 21,
ten minute intervals spaced five minutes apart. The results are
plotted on Exhibit 5 . Note that up to 7:30. P.M. , the levels ranged
slightly over 50 dBA to almost 53 dBA. At just after 7:30. P.m. ,
the levels rise sharply to a range of 55 to 57 dBA. There were
six, ten minute periods where the total noise exceeded 55 dBA.
Another way to examine the noise patterns is through the
use of time charts. These charts plot the sound level over time.
Exhibit 6 shows sample records for both the A-Weighted and C-
Weighted measurea. In each case, the record is preceded by a short
sample of the non-music ambient and then followed by the record .
when the music is playing. Note the clear evidence that the music
increases the noise level.
6 .0 INTERPRETATION OF THE DATA
The basic question is whether the music from the Augusta
Restaurant exceeded the allowed levels of the Noise
Ordinance. The two measures will be examined separately.
The A-weighted total noise level exceeded 55 dBA in six,
of the ten minute periods. The ambient level was below 55 dBA, so
the applicabie standard is 55 dBA Leq for the residential zone for
the time period in which t.he measurements were taken. One of the
uncertainties that accompanies all measurements of this type is
sorting out the offending source contributions from the ambi:ent, so
the sou�ce is not �enalized for someone else's noise.
Unfortunately, the contributions cannot be sorted di�ectly. The
5 �'D 0179
. . C� � �~ "�`
. `` � 06/837
way it is usually done is to take the ambient sample just before
the music starts and subtract it from the total as long as no
obvious changes in the background ambient occurred. The formula
for the subtraction is as follows:
L3 = 10*log[ 10" (L2) - 10" (Ll) ]
Where L1 = Ambient
L2 = Total .
L3 = Source
For values in Table 2 of L1 equals 50.5 dBA Leq, L2
� equals 57.0 dBA and L3 equals 55 . 9 dBA. While the result is over .
55 dBA, it is within measurement error so it cannot be conclusivel�
demonstrating that the music on this occasion exceeded the allowed
limite.
The C-Weighted measurement data can be treated in a
similar but not identical manner as the A-Weighted data. The
ambient level of 63 .4 dBC Leq exceeds the allowed 58 dBA Leq in
Table 1, so it becomes the new allowed level at least for �his
series of ineasurements. From this point, the equation will apply
as before. For L2 = 67.4 dBC Leq, L1 = 63 .4 dBA Leq and the value
of L3 = 65.1 dBC Leq. The source is 1.7 dBC Leq higher than the
allowed ambient at this time. The source does exceed the Noise
Ordinance.
7.0 MITIGATION
The music being played was not an especially aggressive
type of performance. It is not known whether the
performance was a worst-case situation. The addition of more
musicians, any relocation of the stage onto the grassed area and a
more dynamic musical repertoire would only increase the noise
levels. Therefore, caution needs to be taken not to use the
measurement results on October 27, 2006 to design mitigation unless
some asaurance can be given that the performance on October 27,
2006 was typical .
Having made the observation, there are several optiona
that might be employed depending on the nature of the performances.
They are as follows:
1. Close up the gate. The measurements were
conducted opposite the current gate, which is
an open weave, metal lattice. Closing this opening up or
replacing the gate with a solid form design would reduce
the levela about five dBA and three dBC. This would be
enough to address the type of music o�served during the
measurements.
PD 0180
s
. .� .� ��� ��"- ., . � �
• � �-" 06/837
2 . Fully or partially enclose the outside seating
area. If the object were to retain some type
of outside seating, this mitigation would take the
form of a screen most likely ten to twelve feet high. It
could be made of glass to retain some exposure to the
lawn. This mitigation measure could reduce sound levels
by up to 10 dBA and 8 dBC depending on the exact
location of the screen. That would be more than enough
noise reduction to address the measured music levels and
may be enough to address other typess of performances.
3 . Limit the sound level of the performance. This
measure could be implemented by equipment
techniques or some type of sound level indicator at the
sound control console. . The allowed limit c�nnot be an
average noise level as that is too difficult for
performers or the sound engineer if there is one to
follow. The allowed limit would be an instantaneous
reading of the maximum sound level. The exact value
would need to be worked out and either a readable diaplay
installed or a limiter installed in the amplification
system.
The measures discussed would apply no matter
where the stage is located but the implementation would
vary� with location.
� PD 0181
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BEST BEST � KRIEGER LLP
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Fi�E No. 72500.00724
May 11,2006
VIA FACSIMILE AND MAIL(7601776-6356
Hart Ponder,Code Compliance Manager .
CITY OF PALM DESERT
73-510 Fred Waring Drive
Pa1m Desert,Califomia 92260
Re: State of California v. Denise P.Roberge,INM 166815
� Misdemeanor Complaint: Arraignment Hearing
Dear Mr.Ponder: �
This morning I appeared at Denise P. Roberge's Arraignment Hearing on the
Misdemeanor Complaint of the People of the State of California against Detise P. Roberge.,
before Jude Pro Tem Mario Rodriguez in Department 2K of the R.iverside Superior Court, Indio
Branch, in the above referenced matter. No appeazance was made by Defendant.
Pursuant tv our request, Judge Pro Tem Rodriguez continued the Arraignment Hearing to
July 12,2006, at 8:30 a.m. in Department 2K. �
We understand the City is negotiating with Defendan! about the sound levels at
Augusta's Restaurant and Nightclub. As such, we will be seeking the City's advice on how to
proceed at the July 12, 2006 hearing.
If you have any questions, please let me laiow. Otherwise, I will keep you apprised of
this matter.
Si rel ,
Carlos L. Campos
� for BEST BEST 8c KRIEGER LLP
CLC:czc
cc: Cazlos Ortega, City Man�ger
Shavm Kilpatrick, Code Eompliance Officer
David J. Erwin,City Attomey
�
PD 0188 �t��,`��D
RMLI'I1CZC�2693031 � ��Y 1 2 2��6
CITY OF Pa��. „�---
,, � .
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�` CITY OF PALM DESERT
� �
BUILDING 8 SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Hart H. Ponder� Jr. Code Compliance Manager
Code Compliance Division
From: Johnny L. Terfehr, Code Compliance Officer
Code Compliance Divtsion
Date: June 18, 2005
Subject; Augusta's Sound Measurements
Hart,
As requested I took sound measurements in the vicinity of Augusta's Restaurant on EI
Paseo Saturday June 18, 2005. City municipal code and the permit for Augusta's require
that sound levels at the property Iine not exceed 65 decibels until 10:00 PM and not
exceed 55 decibels until 11:30 PM. No outdoor music is aliowed after 11:30 pIV�, qttad�d�
are the results of the tests.
The first test taken at 9:38 PM shows an average decibel level of 62.37� which was
consistent with the typical observed readings while the outdoor band was playing. The
high decibel reading of over 72 is consistent with what I observed when vehicles passed
the sound meter. The low reading of 51.6 was consistent with the average reading I
observed while the band was not playinA.
The second test taken at 9:53 PM shows an average decibel level of 63.34� vvhich waa
consistent with the typical observed readings while the outdoor band was playing. 1'he
high decibel readin8 of over 76 is consisterrt with what I observed when vehicles passed
the sound meter. The low reading of 48.3 was consistent with the average reading I
observed while the band was not playing.
The band stopped playing outside after 10:10 PM, so an additional test was not taken.
f'D 0189
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� � CITY OF PALM DESERT
BUILDING � SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
Ta� Hart H. Ponder� Jr. Code Compliance Manager
Code Compliance Division
From: Johnn L. � �
y Terfehr, Code Compliance Officer .,,� �
Code Compliance Division
� Date: July 20, 2005
Subject: Augusta's Sound Measurements� 10;00 PM — 10:30 PM observations
Hart� � � --
�
Steve Smith, Planning Manager requested that I provide additional information regardinp
the outdoor music at Augusta's on June 18� 2005 specifically what happened between
10:00 PM and 10:30 PM.
At approximately 10:10 PM the band stopped playing. Assuming this was a break in the
music I left and retumed at 10:25 PM. At this time the band was still not playing. I could
hear music coming from inside the restaurant and I observed a few people (perhaps 4-fi)
talking at tables outside. I was scheduled to end my shift at 11:00 PM so I waited until
10:45 PM and still there was no outdoor music. I then retumed to the office and created
my reports.
Steve Smith also requested copies of previous sound readings which are attached,
►,:+M,��«,��►������S.�Y��.� PD 0191
�
� �- �
Arm.na, �or„n.
� Fr�om: Terfel�r, Johnny
� F�day, Mar�h 18�20051:17 PAA � �/ , /� /� �
To: Ponder, Hart ��^K `7
� � Am�anta� Lorena
SubJ�c� FW;A���g Noise
Johnny L. Te�fel�
Code CompUsnce pfi�
Code CompNance pivisiq�
Clt�►of Palm DessR
73-510 F�+ed Vy�rlrp D�iv�s
Palm Desert. Cq g2�p
(�80� 34d-0011 ext 4�A
'te e d nalm-d �ert ca us
Duslto the space t�ne disto�tion betwee�my reelity and yours,the intent of t��s m
ost. coMused or stolen. essape may be
—OrtDinal Messape-...,
F�: 8bvr'Thetfob -It • TH T O
Sent; Friday� Mar+ch �8,2pp5 g:4�qM i�ersidesher' .or
To: Crvy� 1-�omer;Hoounderc�ci nalm dese�t � �
� Tertehr,Johnn�►
SubJect: Au�usta's Notss
Homer and i-IaR�
Rober��th�ponded to Aupusta's last nbht reference another loud noise caU and
dty o�d.viola�on. vye cited�.
03✓17103 •
2234-Citfzens'calls refenence loud music at the A
Denise Patrida Roberpe(yyF��yeaB/of Ranch�� Restsurant�s�nec�tn the ownsr,
Munidpal Code sec�ons 9.24.040 and 9.24.050� relat(�e�o���a8��s atm Deseit
TePp��IRT05078118) (LEt.� (p��y���
Let me knoM,if you need any further det�l,
Stevs
PD 0192
�- � � �.__�
�---�
� � C�T1r OF PALM DESERT
BUILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Hart H. Ponder, Jr. Code Compliance Manager
Code Co�npiiance Division �
From: Johnny L. Tertehr, Code Complfance Officer
Code Compliance Divlsion
Date: March 14, 2005 '
Subject; Augusta's Sound Measurements
Hart,
As requested I took sound measurements in the vicinity of qugusta's Restaurant on EI
Paseo Saturday March 11� 2004, Attached are the results of the tests. In addition at the
request of the Public Works department I observed the operation of the Valet service at
Augusta's.
The first test taken at 10:10 PM shows an average decibel level of 57.83. The out '
band was very loud and could be easily heard from nei hborin side live
decibel reading of over 68 is consistent with what I observed to be arpeak in the outdo9or
music. The low reading of 47.6 was consistent with the average reading I observed while
the band was not playing.
The second test was taken at 10:55 PM. The high reading of 74.8 was a diesel truck that
went by the reading location. The average reading of 62.27 is consisterrt with what �
observed to be the average while the band was la i
consistent with the average reading I observed while the b de�yaS no p�ay��47.4 was
A
I observed the following regarding the valet parking. Self parking is"allowed", per Jere
who was operating the valet service. I Iocated 13 vehicles that did not have recei ts�
them for valet service. They Hrere dispersed throughout the parking Iot. I did not observe
any particular spaces specifically reserved for valet or self-parking. However,there was a
sign at the front of the parking entry on Larrea St. stating that parking lot is for valet
parking only.
►+:��,��„���,,,�� P D 0193
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Vehicles generally entered either from the Portola entrance or through the restaurar�ts'
main entrance on EI Paseo. Vehicles exited onto Larrea. The valet service also parked
vehicles in the south park�ng lot of the Post Office on Portola. The Post Office lot was
about 75°� full. Most of the on-street parking on Portola, Larrea� EI Paseo and Prickly
Pear was in use.
PD 0194
M:1AAY AS SOUND�EMENi�MARCFIY 12 2006.DOC
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PD 01��=
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C � I 1 Y 0. F ��i „ l
�l D ESER j
73-5�O FRED WARI�iG DRIVE
� PALM DESERT, CALIFORNfA 9226p-25�8
'� �60 346—o6tt
FAx: 760 34�-7og8
i nFo�palm-deserc.or�
February 23, 2005
Malled U.S. Certlfle
Ms. Denise Roberge
c!o Augusta's Restaurant
73520 EI Paseo
Palm Desert� Califomia 9226p
Case No, 04-4437
Dear Ms. Roberye:
The Ctty addressed a letter dated January 11, 2005� (please see copy attached) regardin�
excesslve nofse levels at Augusta's Restaurant Stnce that tfma the C�ty has received
addittonat complaints� and the Palm Desert Police Departrnent�haa responded several times
to the property for excessive notse. Each of these violations has occurred after 10:00 p.m. on
a Friday or Saturday night, and was associated with loud outdoor music. �
The Director of Communfty Development, Phil Drell� haa requested that a representatfve of
Augusta's meet with him withln the next 14 days to discuss thls issue in an effort to bring the
property into compliance. He can be reached at (760) 346-pg'f'I� ext, q84.
Pursuant to the Conditfonal Use Permit and City Municfpal Code� sound levels at the oronertv
lim m �o xc ed 65 decibel from :00 a.m. un 1 •00 .m. and 55 d cibel f 1 :
�.m. until 11:30 0. No outside live band is allowed after 11 30 n m Failure to contact the
City an reduce noise levels at Augusta's to within permitted decibels levels ma resu�in
City initiat�ng revocatlon procedures as stated in munjcipal code section 25.72.130 (copy
attached). �
Your prompt attention to this matter is urged. Should you have any questJons, please contact
our offlce at(760)346-0g11, ext. qq6.
Sincerely,
e �
ode Compliance O�#'� •
cc: Phii Drell, Director of Community Development
Hart Ponder� Code Compliance Manager
L� Thetford, palm Desert Police Department
Augusta Restaurant� 73951 EI Paseo, Palm Desert CA 922gp
PD fl196
. �f�M�MR1�M
• �
� , C � �_ .
TY Of P �� l
�1 DESERT
73—Sro Ftt�n W�RtNc D�
Pr+t.tit DEs�ttT� C.��.tFORrru qt26o-2S78
'� �60 346—o6�t
F�x: 760 34�-7o9g
info�palm-daen.on
January 11, 2005 _ _
Ms. Denise Rober�s
c%Augusta's Restaurant
73520 EI Paaeo
Palm Desert� Califomia 92260
Cas�No. 04.4437
Dear Ms. Rober�e:
Due to compiaints received regardfn� noise levels at 73-951 EI Paaeo� palm Desert, Califomia
the City conduded sound level measurements on December 1�� 2p�,4.
. �
The measurementa were taken at the property line at 1�;pp p,m. and 11:30 ,rn, for
each. The maximum sound level after 10:00 p.m. is 55 decibels. The readings taken a era�ed
61 decibela and 59 decibels res pedive l y, I h a v e e n c l o s e d a c�p y o f�e soun d measurem�
roport tor your re�ifeMr,
Purauant to th� Conditional Uss Permk and Clty Muntclpal Cods sou
property Iin� may not excesd 65 declbels from 7;00 a, � nd levsla at your
irom 10:00 p.m. untl111:30 p.m. No outside Ilv� band'ts aliowsd af ep11;30 P.� d��beb
We appreciate your assistance in reaolving this issus. The Clty may be conduct futuro sound
. measurements as needed to verify comp�jance. In addition to other eniorcement options� futurs
violaUons may reault in a review and possible revocation of your outdoor live musfc penni�
Thank you in advanca for your cooperaUon. Should you have any questions, please contact our
oftice at(780) 346-pg 11� e ,
Sfncere '
OHNNY TERFEHR
Code Compliance Of�c.sr
cc: Phq Dre(I�Director of Community Development
Hart Ponder, Code Compliance Manager
L.t. Thetford, Palm Desert Pot(ce pepartmerrt
Augusta Restaurant� 73951 EI Paseo, pa�m Desert, Crq
PD 0197
�
.:�...�..,�
, . �-� �.--...�
� CITY OF PALM DESERT
�
BUILDING � SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
�
To: Hart H, Ponder, Jr. Code Compliance Manager �
Code Compliance Division
From: Johnny L, Terfehr, Code Compliance Otficer
Code Compliance Division
Date: December 13� 2004
Subject; Augusta's Sound Measurements
Hart�
As requested I took sound measurements in the vicinity of Augusta's Restaurant on EI
Paseo Saturday December 11, 2004. Attached are the results of the tests.
The first test taken at 11:00 PM shows an average decibel level of over 60. The outside
live band was very loud and could be easily heard from neighboring properties. The
source of the high decibel reading of over 70 was the outside band. The low reading was
during a break in the music.
The second test was taken at 11:30 PM. At this time the band stopped playing and I
observed 20 or 30 patrons leaving the business. The high reading was from vehicles
nearby starting and leaving the area. The average was affected by the vehicular traffic ofi
those leaving after the band stopped playing. The low represents the sound level when no
cars were in the area.
PD 0198
M:VNY DO��U6USTAS 30UND MEASURE�MENfS N.00C
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� � CITY OF PALM DESERT
BUILDING 8 SAFETY DEPARTMENT
INTEROFFICE MEMORANDUM
To: Hart H. Ponder, Jr. Code Compliance Manager
Code Compliance Division .
From: Johnny L. Terfehr, Code Compliance Officer
Code Compliance Division
� Date: February 4, 2004
Subject: Augusta's Sound Measurements
Hart, �
As requested I took sound measurements in the vicinity of Augusta's Restaurant on EI
Paseo Saturday January 31, 2004. Attached are the results of the tests and a map
showing exact locations.
Location A: This test was taken at the nearest residential property in the vicinity of
Augusta's. The property is located at 73965 Larrea. I took the reading from the north
property line starting at 10:00 PM for 15 minutes. During this reading I was able to
� hear music coming from the restaurarit. However, the peak of 67.6 dB was from s
vehicular traffic, not from the restaurant. When there was no traffic the sound level was
below 55.d6.
Location B: This test was taken at Augusta's southeast property line at the comer of
Portola and Lartea. The reading began at 10:17 PM and ran for 15 minutes. From this
location I could not hear any noise associated with Augusta's restaurant. The primary
noise source was traffic on Portola. When there was no traffic the sound level was
below 55 dB.
Location C: This test was taken from the complainant's northwest property line at�
. The reading began at 10:35 PM and ran for 15 minutes. From
this location I could not hear any noise associated with Augusta's restaurant. The
primary noise source was traffic on Portola and on Shadow Mountain. When there was
no traffic the sound level was below 55 dB.
PD 0200
H:1MY DO(X1�SIAUGUSiAS 901JND MEASURBMENTS.DOC
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R. Ramirez#3354 CONTINUATION ' PAGE
T07118092
1 Evidence:
2 None.
3
4 Attachmenb:
5 A. Suspects copy of citation.
6 B. Copy of cease order served by the City of Palm Desert.
7
8 Detaila:
9 On Saturday, 042807, about 2253 hours,I went to 73951 El Paseo (Augusta's
10 Restaurant), in the City of Palm Desert, regarding a noise complaint at the location. The
]1 reporting party/code enforcement officer, Shawn Kilpatrick,requested a deputy respond,
12 because he wanted to write the restaurant owner/suspect,Denise Roberge, a citation for a
14 is a summary of what he told me:
15
16 Kilpatrick is working as a code enforcement officer for.the City of Palm Desert.
17 Today,Kilpatrick was assigned to monitor noise complaints stemming from Augusta's
18 Restauran� Kilpatrick told me he has been monitoring the band's music,coming from
19 inside Augusta's Restaurant Kilpatrick was at the above location,due to numerous noise
20 complaints made by residents who live near the restaurant. During his investigation,
21 Kilpatrick deternuned the music was too loud and in violation of a cease order served to
22 Roberge on 042407. See attachment B.
23 .
24 Kilpatrick told me Roberge was not at the location,but he requested a manager
25 call her and ask her to respond to the location. Kilpatrick told me he only wanted to have
26 Roberge sign the already filled out citation and he would leave. I told Kilpatrick I was at
27 this location the previous evening,with Of�icer Rodriguez and he issued Rober�e a �
28 citation too. Refer to report#T07117117. About ten minutes passed until Roberge
29 azrived. Roberge walked over to us. Kilpatrick introduced himself and told Roberge the
30 reason for his visit. Kilpatrick told Roberge that he was issuing her a citation for Palm
31 Desert Municipal Code 9.24.050,disturbing the peace%xcessive noise; loud band.
32 '
33 Roberge said,"I'm not signing the citation,you people already cited me last
34 nigh�" Kilpatrick told Roberge that the City of Palm Desert was going to issue her a
35 citation when she was in violation. Roberge refused to sign the citation. Kilpatrick wrote
36 "refused"in the area of the citation,where the suspect is supposed to sign. Kilpatrick
37 attempted to hand Roberge her copy of the citation she refused to sign,but Roberge
38 refused to accept it. Since Roberge did not accept her copy I took it from Kilpatrick and
39 attached it to this report, see attachment A.
40 �
41 After KilpaVick tried to give Roberge a copy of the�citation,Roberge becarne
42 upset, stating ifie City of Palm Desert needed to stop harassing her. Roberge said,"This
43 is War." Roberge was very upset and did not want to speak with us any further.
44 Kilpatrick and I went back to my vehicle, which was parked on the corner of El Paseo
45 and Prickly Pear. Kilpatrick and I stood by my patrol vehicle until 2345 ho�rs,on
46 04�807. As we stood there,the band continued to play music. -� �
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'�.��;�,,..�J� �. PD 0204
• R. Ramirez#3354 � CONTINUATION � PAGE
T07118092
1 I am forwarding a copy of this report to the City of Palm Desert and Code
2 Enforcement for further prosecution.
3
4 StAtus: �
5 ARR
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' NOTICE TO APPEAR IN COURT �� "�
! �� /�Aate U.� r^Tiq�s. �� ��f Week !
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NAME(First,Middle.La:t)
:�iFY"��'lr �i_r'��;:iPC^� 'e
R�,Sl.QENCE ADDRESS CITY STATE 2IP
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SEX HAIR EY�,S HEICHT WEIGF�T OTHER DES.
' M � l�C C. c�� �0�� 1 �` �
OB SO(:.SEC.NO. URIVER' LIC.NO. S'fATE
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RECISTERED OWNER/ADDRESS
• VEHICLE LIC. NO. STATE MAKE YEAR
� VI�LA'�ON ORDINE� CF�NO./.I,�OCATION ; :
'�. �( . . �1„� C`• (ij . �., V� :�'u: i; �'���
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CORRECTABLE VIOLATION(S) � Y� 0�0
� Oftense (s) not committed in my presence. Ccrtified on
information and belieL i certify under penelty of perjury that the
foregoing is true And correct. Executed on the date sbown above
at (place)
ISSUINC OFFICER � '� :•�''�`fi'• �� �� I.D. NO. �—� y
WITHOUT ADMIT7'ING Gl11LT,1 PROMISE TO APPEAR AT THE
TIME AND PL�ACE Ct1ECKED BELO�.
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Signat�re •
� TRAFFIC COURT
�.. MllNICIPA.L COURT IN Li:: �.�:="�� 3�+� i 1 ��.f. � v1 � . .
AT ���r�:.ir:'' C:�'+. '- `'• .L �` "� '` '•� ,�
�SI'NEET.�DDNF.Sti) �(����•y� '
�7 aAM
on the �:'I day ot i��l".� � 20 !-��� at � �.-��= �PM , ,
�
WARNlNG �
Any person who willfully viol�tes his written promise to appear in court
is guilty of a misdeme�nor,regnrdless of disposition ot the charge upon
which the violntor wAs originally cited(P.C. 853.7).
Furn�ii�cuinplinncr will�Judirinl Cuuncil ojCalif. P.C.SS3.4. P� �2�6
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DATE,PItEP"RED: 4/12/07
� � INITIAL � SUPPLEMENTAL
- RIVERSIDE COUNTY SHERIFF CAOJJ000 --
1. Ilid�f M�L! t DA7E/T1ME REPORTED 3,pA7!!T1ME ASSKiNEp 1 pATE/nME INV. ART f. pATE/flME INV.TEIW t. AdWt AR �. Juv A
T07097093 4/7/07 2206 4/7/U'� 2206 4/7/07 2210 4/8/07 0008
N CRIME COUNTS 9. EDP C(
.15 P.C. Disturbin the ace O1 24DSr
10. OFFENSES-COOE SECTION(Adtl w Chanp�to) CRIME
COUNTS 11.EDP CC
�Z• OFFENSES-COOE SECTION�AdO or Chanp�to) CRIME COUNTS
• t�. Epp CO
11• LOCATION OF OCCURRENCE 15.REP DISTRICT 16. OCCURRED ON• DATE/TIME 17. OR BETWEEN: OATE!TIME
73-951 El Paseo, Palm Desert 30H3 04/7/07-2345
�B. BUSINESS NAME 19. BUSINESS PHONE 20. CASE STA7US/CLEARANCE
Au ustas 779-9200 Exc
VICTIM - REPORTINC PARTY-WITNESS-OTHER: �Ses Addrtional Parsons R�port
21. 1 22. NAME(Lasl.fust.M�WI�) 23.SEX PI AACE �S.ppe N.ACE n.Nf �.y� H.IWp
I Anon �o.er� �,.sK
32. RESIOENCE ADDRESS CITY
yp �3. RES.P1101E
3d. BUSINESS ADDRESS CITY 21P 35. BUS.PHONE
3Q . u. in, i k.SEJ! 39.RACE 10. 008 �1.AGE 42.SEX 49. YVT I4. WUR �6.EYEE N.tKll
Q
47. RESIDENCE ADDRESB �TM
Z�p 4!. RES.PHOpE
�9. BUSINESS ADDRESS ��TM
#14 ZIP 50. BUS.PHONE
#19
�'ISPECT: � Adult � JuvenAe � Parole � Probation � Ses Additwnal Parsons R�pprt � Arrested
61.8USN 52. NAME(Last.Fuat MiddN) �1.SEX 51.RACE 36.DO! S6.AGE 51.MT SL YYf SI.MAII f0.El'ES KIN
82. DRNERS LICENSE NUMBER/ID NUMBER p.STATE 8�. SOCIAL SECURITY NUMBER 85. MNI NUWER 66. CII NUY/EII
87. RESIDENCE ADDRESS Cln, � �S v�
2M
69. BUSINESS ADDRESS ��N Z�p 70. BUS.iNONE '
»• JUVENILE DISPOSITION: ❑OtherJuris, QJuv.Cr1.Prpb. [�W�thin D�pt. .
Oatain�d Not De�ain�d
�' GANG DATA �s CLOTHING DESCRIPTION
Gang Name(s):
❑Member ❑Associate ❑Self Admit ❑prior Knowledgs
TATTOOS/SCARS � � ����
Facs Neck ���
❑ ❑ ❑R.Arm �L.Arm ❑Hantls❑Torso❑Baek❑�rq�
VEHICLE: � REtER I'0(:HP 180 F'URM FAR S'I'OLE�,RE(:UVkRED,'1'UWEU UR IMPUI�NUEU
��,��75. LICENSE 76. STATE 77 YEAR 78. MAKE L B0. BODY STYIF �). REC,AUTO VAW�
E2 COLOR/COLOR 83 VIN N � :
&/. OTMER IDENTIFIERS 85. OISPOSITION Of VEHICLE
86. REGISTERED GWNER B7. ADDRESS CITY STATE ZIP 8!. PHONE '
� PROPERTY REPORT ATT,ICHED FOR STOLE�,RECOVERED,nR DAMAGED�RU►ERTY
AEPORTING OfFlCER OFF iD , v D BY r OATE ENTERE�BY i DATE
DFlorez �2� ENT£RED 8Y/0/1TE
tl� • ' iL-�%7
COPIES T0: APRSEN7 ,�p�C���rp �
Lt. Ta lor/907 code enforcemen# � � �D 0207
FORM A fry tw 719�
' � Continuation Page� � Page 2
T07097101
Other Personnel:
O Deputy Robert Ramirez RSO-Palm Desert Station 760-836-1600
Details: On 04/07/07, at 2345 hours, I was on duty as the watch commander for
Palm Desert station. Earlier, Deputy Ramirez responded to 73-951 EI Paseo
(Augustas)for a noise disturbance. Deputy Ramirez contacted the establishment
and reviewed the permit obtained from the city to have outdoor entertainment
until 2330 hours. The person reporting the noise refused to provide a contact
number or location.
At 2345 hours, I conducted�a bar check at Augus`tas and found the band playiE:g.
The music was extremely loud, and could be heard from the corner of EI Paseo
_ and Portola. The music continued for 10 minutes more, ending.at approximately
� 2355 hours. Becket, the manager, was contacted. Becket was aware they had
been getting noise complaints, and was aware they were playing past the
specified time. Becket said her patrons requested an encore, so she allowed the
band to continue to play.
. Since there was no victirn to contact to make a citizen's arrest, I advised Becket I
would advise code enforcement of the violation. Becket knowingly violated the
guidelines of the city issued permit. The club is not equipped with decibel meters
and is playing above the specified level, causing a disturbance to the public
peace.
Status: Exceptional .
PD 02U8
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PROOF OF PUBLICATIOi�7 -rn;,;s��.�r���:,,�,�;�.rk��;n�;t���
(2015.S.C.C.P)
���il' �L���'� ��Fl►'€
STA7'E OF CALIFORN[A
County of Riverside
I am ai citizen of the United States and a resident a(° Proof of Pubiication ,rf
the C�Punty aforesaid; I am over the age of eighteee� _ _ _
years,and not a party to or interested in the ntc�,7g25 '°� ' ^A '`�
above-entitled matter. I am the rinci al clerk of a ;: CI7Y OF�PAL1N DESERT {
P � �� ~ %,, CASE NOLC.0 P�C96-15
printer of the,DESF.RT SUN PUI3LISIIING AMENDMENT 82
COMPANY a newspaper of general circuiation, NQTIGE IS HEREBY GIVEN that a public hearing
Wllt be held before the.Palm Desert CitV Co�ncil
printed and published in the city of Pa(m Springs, i$�;consider'ar��appeaf 6y DENISE ROgERGE to
Planning Commisston decision of pecember
County of Riverside,and which news a er has becn
P P ?�p00, approving.a an amendment to an exist-
adjudged a newspaper of general circulation b tltt: �unditionat use perm�t to allow amplified mu-
y In the outdoor dlning atio area of Au usta
Superior Court of the County of Riverside,State of t�staurant located at:73-9�5 Ei Paseo. Sai� ap- I
p�val was for a three-morrth period and for Fn- I
Califoirnia under the date of March 24, 1988.Cas� ` and Saturday nigfits up to 10:30 p:m. only. �
�D public hearing will be held on Thursday, �
Number 191Z36;that the notice,of which the ,�anuary 25, 2o0i. at 4:00 p.m:in the Council 'i
8I1tICXf�d is a rinted co Chsmher at�the Palm.Desert Ciwc Center„73-510
P py(set in type not srnaller F'r;ctd.Wazing Drive, Palm Desert, California, at�
than no�pariel,has been published in each re ular whlch time and'place all interested persons are�
g �jvfted to attend and be heard.Writtan comments �
and entire issue of said newspaper and not in a�v cCriceming a1t items:covered by th�s p�blie hear-r
jtpg,�otice shall be accepted pp to the date of the
suppleiment tEtereof on the following dates,to wit: F�aring: Information conceming the:progosed
j�15p(c;et and/or negative declaration is,availa le for
i�yfew in the Department of Communjty Develop- !
January 13th tT�t1t at the above address betwaen the hours of;
$`��S.tn. and 5:00 p.m. Monday�through Friday. I
-------- ___�_____��_��_.�,__ _ _ L�=jip(t chaflen�e the proposed actions m court, !
" you;may be.limded to raising oNy those issues I
ya1!`pK someone else ralsed at the publlc hearing
daBC�ibed in this notice, or in written correspon- I
_���` —'—_— —_-------____--•--- tSet4ce delivered to the planning commission (or'
�yt=council)at, or prfor.fo, the public hearin9
4 .. �. SHEIIA R: GILLIGAN G'�ty Clerk�
All in I:he year 2001 °� ' • .�5a�m Desert,,G�ity Gounc�
PUB:January�13,�200,�� �
I certify(or declare)under pe�aalty af per}ury that the
fore�oing is true and correct.
�jth
Dated a,t Palm Springs,California this----___.____.�ay
January
of-------------------------->2001
_____�_—_�_?�`��_-------'-----�._.--___________
Signature
PD 0209
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� � � � � � I 1� � � � i. � �.. � �
`y )j—gI0 FRED WARING DR1VE
�` , PALM DESERT, CALIFORNIA 922G0-25'f8
TfiL: ]60 346—o6i i
` FAX: 7C>O 34i-7o98
infoQ palm-dcserc.ora
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: December 7, 2000
Denise Roberge
73-995 EI Paseo
Palm Desert, California 92260
Re: CUP 96-15 Amendment #2
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its meeting of December 5, 2000:
PLANNING COMMISSION APPROVED CUP 96-15 AMENDMENT #2 BY
ADOPTION OF RESOLUTION NO. 2032, SUBJECT TO CONDITIONS AS
AMENDED. MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
� ,
PHILIP DRELL, ECRETARY •�
PALM DESERT LANNING COMMISSION
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
PD 0210
.,
►-�IINII�EY q(1(l!�IIIH
. ''�".! , ��1� ��
� � ' •
F PLANNING COMMISSION RESOLUTION NO. 2032
A RESOLUTION OF THE PLANNIIVG COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
NIGHTLY 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 Planning Commission of the City of Palm Desert, California, did on the
5th day of December, 2000, 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 �or implementation of the CatifornPa Environmentat 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 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 goats, objectives, and policies
of the city's adopted general plan.
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.
PD 0211
�*�...� �� �.
�
`` ' PLaNNiNG COMMISSION RESOLUTION �10. 2032
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 torce.
3. The outdoor music location shall be limited to the outdoor patio dinning area,
immediately adjacent to the restaurant south elevation as illustrated on Exhibit "A"
attached.
4. The outdoor music shall be limited to 10:30 p.m. on Friday and Saturday nights only.
The outdoor music shall comply with the noise sound level limits for residential
properties prescribed Chapter 9.24 of the City Municipal Code.
5. The subject conditional use permit shall be valid for a three-month period from the
date of Planning Commission approval. An extension to the conditional use permit
may be granted by the Planning Commission if the Commission determines that after
the three-month period the use has demonstrated conformance with the conditions of
approval and has been found to be compatible with the adjacent properties.
3
PD 0212
• � �_ �....
CtTY OF PALM DESERT
��' • • DEPARTMENT QF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: December 5, 2000
CASE NO: CUP 96-15 Amendment #2
REQUEST: Approval of an amendment to the existing conditional use
permit to allow nightly amplified music entertainment in the
outdoor seating patio of Augusta Restaurant located at 73-951
EI Paseo.
APPLICANT: Denise Roberge
�3-995 EI Paseo •
Palm Desert, CA 92260
1. BACKGROUND:
The subject property, also known as Plaza' Roberge, is located at the
southwest corner of EI Paseo Drive and Portola Avenue. The property is
zoned C-1, General Commercial and is surrounded by commercial properties,
except for a four-unit multi-family �esidential complex, located south of the
site on Larrea Street. Plaza Roberge is bounded by Portola Avenue on the
east, EI Paseo on the north, Prickly Pear Lane to the west and Larrea Street
to the south. Augusta Restaurant is located within Plaza Roberge and is
sited at the northwest corner of the property.
The existing restaurant has operated under Conditional Use Permit 96-15
since 1996. Augusta Restaurant is requesting an amendment to it's CUP to
allow nightly, amplified inusic in the outdoor patio dining area. The outdoor
dining area is located on the south side of the building (see site planl. The
outdoor patio and proposed outdoor music area are both screened from view
by existing walls and landscaping found on the south and west sides of
property. To the east, the outdoor patio area is screened by the adjacent
building and parking lot. Between the south side of Augusta Restaurant and
Larrea Street, the property has a landscaped open space area. This area
separates the restaurant from the adjacent properties to the south.
The applicant requests the use of musical options such as a harpist, a jazz
trio, guitarist, pianist, disc jockey or a keyboardist. The applicant does not
indicate an end time for the music, but indicates the music will adhere to the
Noise Ordinance for commercial properties after 10:00 p.m. The City Noise
PD 0213
, � ("
' `�_.. �.�
STAFF REPORT
� • CUP 96-15 AMENDMENT #2
DECEMBER 5, 2000
Ordinance (Chapter 9.24.030, see attached) requires that commercial
properties adhere to a one-hour average sound level at the property line of
65 decibels between 7:00 a.m. to 10:00 p.m. and 55 decibels maximum
from 10:00 p.m. to 7:00 a.m.
Previous Temporary Use Permits:
Under provisions of the Chapter 25.64 of the Zoning Ordinance (Temporary
Use Permits►, the City has approved three one-night only, temporary use
permits to allow outdoor amplified music at the subject site. The music was
approved for special events that the restaurant hosted, which included two
wedding receptions and a private party. These temporary use permits were
approved throughout this year and were approved with a condition that the
a�usic comply with noise levels prescribed in the City Municipal Code.
During and after these events, the City did not receive any citizen complaints
regarding the music.
III. ANALYSIS:
On November 23, 2000, the City sent legal notices to property owners
. within 300 feet of the subject property. Since the time of the notices staff
has not received any letters or calls concerning the conditional use permit
amendment to allow the outdoor music.
Staff believes that #he following reasons exist to justify support of the
applicant's request to allow outdoor music in the patio area of Augusta
Restaurant.
1 . With approval of previous temporary use permits, the applicant has
demonstrated the proposed outdoor music will not negatively impact any
adjacent properties and has demonstrated compliance with the required
noise levels.
2. The proposed location is visually and acoustically screened with existing
walls, landscaping and buildings found on-site at Plaza Roberge.
3. The proposed outdoor music site, (i.e. adjacent to the restaurant
building), is located 200 feet from the nearest residential property on
Larrea Street.
PD 0214
2
. �
. �
STAFF REPORT
• • CkJP g6-15 AMENDMENT #2
DECEMBER 5, 2000
Staff recornmends that the Planning Commission grant approval of the
conditional use permit for a six-month t�ial period. Condition #5 in the draft
resolution stipulates that the outdoor music shall be valid for a six-month
period, with a stipulation that the Planning Commission may grant an
extension if during the six-month period the City determines that the use can
conform to the conditions of approval and is found to be compatible with the
adjacent properties. Staff would schedule a public hearing after the six-
month period to allow property owners and residents to address any
concerns.
A. FINDINGS REQUIRED FOR APPROVAL OF A 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 r
district in which the site is located.
• Accessory uses located on the same site as the conditional use
permit are permitted with approval of a conditional use permit.
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.
.
• The site is visually and acoustically screened via existing walls,
landscaping and buildings. The proposed outdoor music will not
be not be detrimental to the adjacent properties.
3. The proposed conditional use will comply with each of the
. applicable provisions of this title, except for approved variances
or adjustments.
• The outdoor music is required to adhere the City's Municipal
Code Chapter 9.2.030 relative to noise levels in a commercial
district.
4. The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted General Plan.
• The proposed outdoor music use is proposed in a commercial
district and which is allowed with approval of a conditional use
3 PD 0215
, �
4.
STAFF REPORT
•� ' CUP 96-15 AMENDMENT #2
DECEMBER 5, 2000
permit. The use complies with the goals, objective and policies
of the General Plan.
III. RECOMMENDATION:
That the Planning Commission adopt Resolution No. , approving a
Amendment #2 to C.U.P. 96-15, subject to the attached conditions.
IV. ATTACHMENTS:
A. Draft resolution
B. Legal notice -
C. Applicant's letter dated September 28, 2000
D. Municipal Code Chapter 9.24.030
E. Site Plan
Prepared by -
M tin Alvarez, Associate Planner
Reviewed and Approved by
Philip Drell, Community Development Director
Pp p216
4
� �-. �>
•. � • PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
4F PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
IVIGHTLY AMPLIFtED 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 Planning Commission of the City of Palm Desert, California, did on the
5th day of December, 2000, 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 Environmenta! Quality A�ct, 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 conditional
use permit:
1 . The proposed location of the conditional use is in accord with the objectives of
the zoning ordinance and the pu�pose 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 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.
PD 0217
. • - � (�`
��.
•. � PLANNING COMMISSION RESOLUTION NO.
2. That approval of Conditional Use Permit 96-15 Amendment #2 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 5th day of December, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PAUL R. BEATY, Chairman
ATTEST: �
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PD 0218
2
` � �..
.. - PLANNING COMMISSION RESOLUTION NO.
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 Depa�tment of Community Development, as modified by the following conditions.
2. The development of the p�operty 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 location shall be limited to the outdoor patio dinning area,
immediately adjacent to the restaurant south elevation as illustrated on Exhibit "A"
attached.
4. The outdoor music must comply with the noise sound levels limits for commercial
properties prescribed Chapter 9.24 of the City Municipal Code. The noise levels shall
not exceed the following decibel levels:
Time: Applicable limit 1-hour average sound level decibels
measured at the property line:
7:00 a.m. to 7:00 p.m. 65 decibels maximum
1 Q:00 p.m. to 7:00 a.m. 55 decibels maximum
5. The subject conditional use permit shall be valid for a six-month period from the date
of Planning Commission approval. An extension to the conditional use permit may be
granted by the Planning Commission if the Commission determines that after the six-
month period the use has demonstrated conformance with the conditions of approval
and has been found to be compatible with the adjacent properties.
3 PD 0219
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CITY OF PALM DESERT `
� LEGAL NOTICE
CASE NO.C.U.P.96-15 Amendment#1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by DENISE ROBERGE for approval of an amendment to
the existing conditional use pertnit to allow nightly outdoor musical entertai�ment (i.e. harpist,
jazz trio, guitarist, pianist, DJ, keyboardist, etc.) within the outdoor dinning area of Augusta
Restaurant located at 73-951 EI Paseo.
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C.F1GORl'
SAID public hearing wiil be held on Thursday, December 5, 2000, at 7:00 p.m. in the Council
� Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia,
at which time and place all interested persons are inyited to attend and be heard. Written
comments conceming all items covsred by this public hearing notice shall be accepted up to
the date of the hearing. InfoRnation conceming the proposed project and/or negative
declaration is available for review in the Depa�tment of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in c�urt, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,or in written correspondence
delivered to the planning commission (or city council)at,or prior to,the public hearing.
PUBLISH: Desert Sun PHILIP DRELL,Secretary
November 23,2000 . Palm Desert Planning Commission
PD 0221
, ; ,�'^, �J,
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=- � � P�zA ROBERGE
Art Gallery � Deni�se Roberge Jewelry � Augusta Restaur�ant & Penthouses
September 28, 2000
REc�iv��
City of Palm Desert
Planning Department C�CT - 3 200�
ATTN: Mr. Steve Smith,Planning Manager
73-510 Fred Waring Drive ���n'�����NT DEPAfITMENT
CRY OF'PALM DESERT
Palm Desert, CA 92260
Dear Mr. Smith:
Roberge Corporation is filing this letter requesting an amendment to our existing Conditional Use
Percnit. We are requesting to a11ow nightly outdoor musical entertainment(i.e., harpist,jazz trio,
guitarist, pianist, disc jockey, keyboardist, etc). The proposed loca.tion(73-951 El Paseo,Palm
Desert, CA) is entirely within commercial zone and a11 activity would be one normally associated
with a restaurantlbar facility. The proposed location is in accord with the objectives of the Zoning
Ordinance-we are aware and will adhere to the 55 decibel commercial noise ordinance after
10:00pm.
Augusta Restaurant will continue to operate the musical entertainment as it has during many
private events, in which a Temporary Use Permit has been requested and approved. Augusta
Restaurant would solely operate and maintain the operation(s)by professional staff whom will
oversee and monitor a11 food,beverage, entertainment and security. This amendment would not
be detrimental to the public health, safety or welfare, or be materially injurious to properties in the
vicinity. .
We have enclosed a scale drawing indicating the designated area in addition to a Certificate of
Insurance. We appreciate your time and consideration and look forward to hearing from you.
Sincerely,
����%�5� . �� �
Denise Roberge �
Owner/Roberge Corporation
73-995 El Paseo �
Pa1m Desert, CA
Business: (760) 340-5045 Fax: (760) 340-9522
(4)Enclosures
O
Art in the.Heart of the City...An Absolute Must!
73-995 El Pa.seo, Palm Desert, C.alifornla 92260 P� 0222
Tele:(760)340-2326 • Fax:(760)340-9522 • E-MaiL• PzaRobergeC�laoL _
. . �. �
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� 9.24.020
"Impact noise"means the noise pr�uced by the vollision measured when the alleged noise violation source is not
, of one mass in motion with a second mass which may be operating.
either in modon or res� C. The sound level limit betwecn two zoning districts
"Mobile naise source" means any noise source other shall be measured at the higher allowable distric� (Ord.
than fixed noise so�rce. 691 $2, 1992:Ord.647� 1, 1991;Ocd.420(part), 1985)
"Noise level" means the same as "sound level."The
' tenns may be ascd interchangeably herein. 9.IA.040 Geaeral pro6ibitious.
"Pasod'nrans a pason,5rm.associatia�.copacmership, A. In the absence of an objective measurement, by
joint venture,corporation or any entity�public or private the use of a sound level meter,additionally,it is unlawful
in nature. for any person to malce,condnue or cause to be made or
"P�table powered blowe�" mearts any mechanically condnucd, within the city, any disturbing, excessive or
powered device,regardless of the source of power,which offensive noise which causes discomfoR or annoyance to
is not stadonary, and used for the purpose of blowing reasonable persons of normal sensidvity residing in the
leaves,dirt or other debris off sidewalks,lawns or other area.
surfac�s. B. The characteristics and conditions which should
"Simple Wne noise" means a noise chacacterizod by be considued in determining whether a violadon of the
a prodominant frequency or frequencies so that other provisions of this section exists,include,but az+e not limited
frequencies cannot be readily disdnguished. to,the fellowing:
"Sound level"(noise level)in decibels is the quandty 1. The level of noise;
measured using the frequency weighting of A of a sound 2. Whether the nature of tl�e noise is used or unused; .
level meter as defined he;ein. 3. Whethex the origin of the noise is nat�ual or unnatu-
"Sound levd meter" means aa instrument meeting ral;
Amecican National Standard Institute's Standard SL.41974 4. The level of the background noise;
for type 1 a rype 2 sound level meters or an instrument 5. The proximity of the noise to sleeping facilides;
and the associatod roca�ding and analyzing equipment which 6. The nature and.zoning of the areas within which
will provide equivalent data. (Ord. 842 ¢ 1, 1997; Ord. the naise emanates;
641 � t, 1992; Ord. 420 (part), 1985) 7. The.densiry of the inhabitation of the area within
' which the noise emanates;
9.?A.030 Sound level limits. 8. T6e time of day or night the noise occurs;
A. Tt�t following one-houc average sound level limits, 9. The duration of the noise;
unless. otherwise specifically indicated, shall apply as 10. Whether the noise is recucrent, intermittent or
. indicated in the following tabla constant; and
AppUcable Limlt 11. W6ethcr the noisa is produced by a commercial
oee.Honr A.erage or noncommercial activity.(Ord.691 $3, 1992:Ord.420
So�nd Lerd (part), 1985)
Z�ne 'Tiae Dcdbels
R«idendal—Au waes 7 am.w !0 p.m. 33 9.24.050 Distur�ing,excessive,offeacive
10 p.m w 7 a.m. 45 noLces—DeclaratIon of certain aets
coostltuting.
Conunercial m� 7 am.to t0 p.m. 63 The following acdvities,annoying others,aze declared
�o p.m.co 7�m. ss w cause disturbing,excessive or offensive noises in viola-
tion of this section but such enumeration shall not be
Manutac�uring 7 am.w to p.m. �o deemed to be exclusive, namely:
mdusaie► A. Horns, Signaling Devices,Muffler Systems, etc.
Unnecessary use or operation of horns,signaling devices,
A�ciculcu�al zone 10 p.m.w 7 am. SS uncontrolled muffler noises on vehicies of all types,includ-
ing motorcycles, and other equipment
B. If the measured ambient noise level exceeds the B. Radios,Television Sets,Phonographs,Loudspeaking
applicable limit as noted in the table in subsection(A)of AmpGfiers and Similaz Devices.
this section, the allowable average sound level shall be 1. Uses restricted: the use, operation, or pemutting
the ambient noise level.The ambient noise level shall be to be played, used or operated, any sound producdon or
• reproduction device,radio receiving set,musical inshvment,
173 c�a��-�>
PD 0223
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73-510 FREO WARING DRIVE,PALM DESERT,CALIFORNIA 92260 "
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PLANNING COMMISSION RESOLWTION NO. 2032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
NIGHTLY AMPLIFIED MUSIC IN THE OUTDOOR DINNING PAT{O
AREA O� AUGUSTA RESTAURANT LOCATED AT 73-995 EL
PASEO DRIVE.
CASE NO. CUP 96-15 Amendment #2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of December, 2000, 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 requiGements 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 conside�ing 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 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 weltare, 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 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.
PD 0226
. . f �
PLANNING COMMISSlON RESOLUTION NO. 2032 �
2. That approval of Conditional Use Permit 96-15 Amendment �2 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Plannin
Commission, held on this 5th day of December, 2000, by the following vote, to wit; 9
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
� �.....c /z. ,
PAUL R. BEATY, Chairpers r�
ATTEST:
�-�-.-,
r-
PHILIP DRELL, Secretary
Palm Desert Planning Commission
�
PD 0227
2
�. � �; r
PLANNING COMMISSION RESOLUTION NO. 2032
CONDITIONS OF APpROVAL
CASE NO. CUP 96-15 Amendment #2
�epartment of Communitv 9evelopment:
1. The development of the property shall conform substantially with exhibits on file '
the Departrnent of Community Development, as modified by the following conditi n1sh
2. The development of the property described herein shall be subject to the restric '
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 location shall be limited to the outdoor patio dinnin
immediately adjacent to the restaurant south elevation as illustrated on ExhibitarA'•
attached. .
4• The outdoor music shall be limited to 10:30
The outdoor music shall comply with the n se sound level Sm ts for es d °nly.
properties prescribed Chapter 9.24 of the City Municipal Code. ential
5. The subject conditional use permit shall be valid for a three-month pe�iod fro
date of Planning Commission approval. An extension to the conditional use perm t
rr�ay be granted by the Planning Commission if the Commission determines that after
the three-month period the use has demonstrated conformance with the conditions of
approval and has been found to be compatible with the adjacent properties.
PD 0228
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('D 0229
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�. ., , . �".
�
` CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
I. TO: Honorable Mayor and City Council
11. REQUEST: Consideration of an appeal to a Planning Commission decision
approving an amendment to an existing conditional use permit
to allow amplified music in the outdoor dinning patio area of
Augusta Restaurant located at 73-995 EI Paseo.
III. APPLICANT: Denise Roberge
IV. CASE NO: C.U.P. 96-15 Amendment #2
V. DATE: January 25, 2000
VI. CONTENTS:
A. Staff Recommendation
B. Background
C. Discussion
D. Draft Resolution
E. Planning Commission Resolution No. 2032
F. Planning Commission Staff Report and Minutes dated December 5, 2000
E. Applicant's Appeal
A. STAFF RECOMMENDATION:
That the City Council affirm the Plann?ng Commission's decision of December 5,
2000 approving outdoor amplified music at 73-995 EI Paseo with the following
conditions:
1 . The outdoor music shall be limited to 10:30 p.m, on Friday and Saturday
nights only.
2. The conditional use permit shall be valid for a three-month period from the
date of Planning Commission approval. After the three-month period, the
Planning Commission may grant an extension if it determines the use has
demonstrated conformance with the conditions of approval and has been
found to be compatibte with the adjacent properties.
3. The outdoor music shall comply with the noise sound level limits for
residential properties prescribed on Chapter 9.24 of the City's Municipal
Code.
PD 0230
' ..
�- � ,
STAFF REPORT
CUP 96-15 Am. #2
JANUARY 25, 2001
B, BACKGROUND:
' On December 5, 2000, the Planning Commission reviev+red the applicant's request
to aliow nightly outdoor amplified music within the patio area located on the south
side of the Augusta Restaurant. The Planning Commission voted 5-0 to approve a
modified request, which includede�mon h therioduSfAfter�the three-month periodhor
up to 10:30 p.m. and for a thre p
March 5, 2001, the Planning Commi t�enad acentd pr pertly owners (see m nutes
t h e m a tt e r a n d r e c e i v e i n p u t f r o m 1
attached). � �
The amplified music will be provided for those dinning in the patio area located on
the south side of the buildings and would be kept to a teve! that would not be
offensive to both the dinning clientele and the residents to the south. The City
Noise Ordinance (Chapter 9.24.030, see attached) requires that commercial
properties adhere to a one-hour avera.ge sound level at the property line of 65
decibels between 7:00 a.m. to 10:0 hat'nhe ad 5 cant indica ed on he appl cat o�n
p.m. to 7:00 a.m. Musica) option PP
include, a harpist, jazz trio, guitarist, pianist, disc jockey or a keyboardist.
The outdoor dining area is located on the south side of the building (see site plan).
The outdoor patio and proposed outdoor music area are both screened from view
by existing walls and landscaping found on the south and west sides of property.
To the east, the outdoor patio area is screened by the adjacent building and
parking lot. Between the south side of Augusta Restaurant and Larrea Street, the
property has a landscaped open space area. This area separates the restaurant
from the adjacent residential properties to the south.
C. DISCUSSION:
Staff concurs with the Planning Commission's decision to allow the applicant to
provide the outdoo� music for a three-month trial period, on Friday and Saturday
nights up to 10:30 p.m. only. This trial period will allow the City to further
evaluate the use and receive input from the adjacent property owners. After the
three-month period, staff will schedule a public hearing to determine if a
permanent approval can be granted based on compatibility with the adjacent
properties. At this time staff recommends that the City Council affirm the
Planning Commission's decision of December 5, 2000 and refer the item back to
the Planning Commission after the three-month period has expired.
As of this date the City has not received an complaints on the outdoor music
being provided on Friday and Saturday up to 10:30 p.m. Staff has sent legal
notices to property owners within 300' informing them of the January 25, 2001
public hearing. PD 0231
2
, • ^ ., �
�
, STAFF REPORT
CUP 96-15 Arri. #2
JANUARY 25, 2001 �
A. FINDINGS REQUIRED FOR APPROV,AL OF A 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.
� Accessory uses located on the same site as the conditional use
permit are permitted with approval of a conditional use permit.
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.
• The sifie is visually and acoustically screened via existing walfs,
landscaping and buildings. With adherence to the Noise Ordinance,
the proposed outdoor music will not be not be detrimental to the
adjacent properties.
3. The proposed conditional use will comply with each of the applicable
provisions of this title, except for approved variances or adjustments.
• The outdoor music is required to adhere the City's Municipal Code
Chapter 9.2.030 relative to noise levels in a commercial district.
4. The proposed conditional use complies with the goals, objectives,
and policies of the city's adopted General Plan.
• The proposed outdoor music use is proposed in a commercial district
and is allowed with approval of a conditional use permit. The use
complies with the goals, objective and policies of the General Plan.
pp 0232
3
� � • .,
STAFF REPORT
CUP 96-15 Am. #2
JANUARY 25, 2001
Prepared by:
Martin Aivarez
Associate Planner
. , ,.�
Reviewed and Approved by: �_��,��= -�`=�� ---
Philip Dr�il
Director of Community Development
Reviewed and Approved by:
0
ic ard J. Folk
Assistant City anager for Development Services
Reviewed and Approved by:
Carlos Ortega
City Manager
PD 0233
4
.
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y \...
� RESOLUTION NO.
� 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
AMPLlFIED 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 req�irements of the "City of Palm
Desert Proced�re fnr lmplementation of the California Environmental Quality Act, Resolution
No. 00-24," in that the Director of Community Development has determined that the pro'ect
is a Class 3 Categorical Exemption for purposes of CEQA and no further documentati n is
necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of alf 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
wilt 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.
PD 0234
� `� , • .. -
RESOLUTION NO.
2. That approval of Conditional Use Permit 96-15 Amendment #2 is hereby
granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting af the Palm Desert City
Council, held on this 25th day o€ January 25, 2001 , by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JIM FERGUSON, MAYOR
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
Palm Desert City Council
2 PD 0235
� ' ..
� • . �, �
� ,�
� RESOLUTION NO.
�
'x
� � CONDITIONS OF APPROVAL
� CASE N0. CUP 96-15 Amendment #2
, E Department of Community Developrr�ent:
,
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 location shall be limited to the outdoor patio dinnin area
immediately adjacent to the restaurant south elevation as illustrated on Exh bit "A"
attached.
4• The outdoor music shall be limited to 10:30
p.m. on Friday and Saturday nights only,
The outdoor music shall comply with the noise sound level limits for residential
properties prescribed Chapter 9.24 of the City Municipal Code.
5. The subject conditional use permit shall be valid for a three-month period from the
date of Planning Commission approval. An extension to the conditional use permit
may be granted by the Planning Commission if the Commission determines that after
the three-month period the use has demonstrated conformance with the conditions of
approval and has been found to be compatible with the adjacent properties.
PD 0236
3
�
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pALM�638tT,CALIFORNIA 922G0-1S)8 ��� �{
Tsu 760 346-o6t: �U N/
rex:76o ;;i-7�98
ia(e���ls•Jesen.�r�
I
• CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.C.U.P. 96-15 Amendment#2
I
�. NOTICE IS HEREBY GIV ealtbatDENISE ROBERGE to theePlann ng tComm ssion decis on
' Councd to consider an app Y ertnit to
o�f pecember 5, 2000, approving a an amendment to an existing conditional use p
apow ampl'fied music��roval was for�a three-month period and fo Friday and Saturd Y nigh
995 EI Paseo. Said app
up to 10:30 p.m.only. .
' �
� � � :
. ; . � . � _..
. . � . � •
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BAID public hearing will be held on Thursday, January 25, 2001, at 4:00 p.m. in the Council
Chamber at the Palm�8 all nte'restedtperso s1 a erendvitednto attend and be hea dCaiW tten
at which time and p ted u to
comments oonceming all items covered by this public hearing n�st�Proj��ean�p negative
� the date of the hearing. Information conceming the prop
dectaration is available for review in the Department of Community Development at the i bov�u
address be1ween the hours of 8:00 a• ou ma be�im t d to ra sin onl utho e issues you or
chaNenge the proposed actions in court,Y Y 9 y
someone else raised at the public hearing des�ned�at hor nriolr to,the puti c heanngpondence
delivered to the planning commission(or city ) P
SHEILA R. GILLIGAN,City C�A�
PUBLISH: Desert Sun Palm Desert City Council PD 0237
January 13,2000
. �_ ``
.,
PLANNING COMMISSION RESOLUTlON NO. 2032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
NIGHTLY 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 Planning Commission of the City of Palm Desert, California, did on the
5th day of December, 2000, 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 tmplementation 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 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 p�operties 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 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.
PD 0238
�` ��, '
PLANNING COMMISSION RESOLUTION NO. 2032
2. That approvai of Conditional Use Permit 96-15 Amendment #2 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 5th day of December, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PAUL R. BEATY, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2 PD 0239
. ' �� ��
,�
PLANNING COMMISSION RESOLUTION NO. 2032
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Arr�endment #2
Department of Communitv 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 p�operty described herein shall be subject to the restrictions
and lirr�itations 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 location shall be limited to the outdoor patio dinning area,
immediately adjacent to the restaurant south elevation as illustrated on Exhibit "A"
attached.
4. The outdoor music shall be limited to 10:30 p.m. on Friday and Saturday nights only.
The outdoor music shall comply with the noise sound level limits for residential
properties prescribed Chapter 9.24 of the City Municipal Code.
5. The subject conditional use permit shall be valid for a three-month period from the
date of Planning Commission approval. An extension to the conditional use permit
may be granted by the Planning Commission if the Commission determines that after
the three-month period the use has demonstrated conformance with the conditions of
approval and has been found to be compatible with the adjacent properties.
3 pD 024�
� �.. .., .
CITY OF PALM DESERT �
QEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Pianning Commission
DATE: December 5, 2000
CASE NO: CUP 96-15 Amendment #2
REO.UEST: Approval of an amendment to the existing conditional use
permit to allow nightly amplified music entertainment in the
outdoor seating patio of Augusta Restaurant located at 73-951
EI Paseo.
� ppPLICANT: Denise Roberge
73-995 EI Paseo
Palm Desert, CA 92260
I, BACKGROUND:
The subject property, also known as Plaza Roberge, is located at the
southwest corner of EI Paseo Drive and Portola Avenue. The property is
zoned C-1, General Commercial and is surrounded by commercial properties,
except for a four-unit multi-family residential complex, located south of the
site on Larrea Street. Plaza Roberge is bounded by Portola Avenue on the
east, EI Paseo on the north, Prickly Pear Lane to the west and Larrea Street
to the south. Augusta Restaurant is located within Plaza Roberge and is
sited at the northwest corner of the property.
The existing restaurant has operated under Conditional Use Permit 96-15
since 1996. Augusta Restaurant is requesting an amendment to it's CUP to
allow nightly, amplified music in the outdoor patio dining area. The outdoor
dining area is located on the south side of the building (see site plan). The
outdoor patio and proposed outdoor music area are both screened from view
by existing walls and landscaping found on the south and west sides of
property. To the east, the outdoor patio area is screened by the adjacent
building and parking lot. Between the south side of Augusta Restaurant and
Larrea Street, the property has a landscaped open space area. This area
separates the restaurant from the adjacent properties to the south.
The applicant requests the use of musical options such as a harpist, a jazz
trio, guitarist, pianist, disc jockey or a keyboardist. The applicant, does not
indicate an end time for the music, but indicates the music will adhere to the
Noise Ordinance for commercial properties after 10:00 p.m. The City Noise
P D 0241
. , � �.. �'
.• � STAFF REPORT i
CUP' 96-15 AMENDMENT #2
DECEMBER 5, 2000
O�dinance (Chapter 9.24.030, see attached) requires that commercial
properties adhere to a one-hour average sound level at the property line of
65 decibels between 7:00 a.m. to 10:00 p.m. and 55 decibels maximum
�rom 10:00 p.m. to 7:00 a.m.
Previous Tempora�y Use Pe�mits:
Under pravisions of the Chapter 25.64 of the Zoning Ordinance (Temporary
Use Permits), the City has approved three one-night only, temporary use
permits to allow outdoor amplified music at the subject site. The music was
approved for special events that the restaurant hosted, which included two
wedding receptions and a private party. These temporary use permits were
approved throughout this year and were approved with a condition that the
music comply with noise levels prescribed in the City Municipal Code.
During and after these events, the City did not receive any citizen complaints
regarding the music.
III. ANALYSIS:
On November 23, 2000, the City sent legal notices to property owners
within 300 feet of the subject property. Since the time of the notices staff
has not received any letters or calls concerning the conditional use permit
amendment to allow the outdoor music.
Staff believes that the following reasons exist to justify support of the
applicant's request to allow outdoor music in the patio area of Augusta
Restaurant.
1 . With approval of previous temporary use permits, the applicant has
demonstrated the proposed outdoor music will not negatively impact any
adjacent properties and has demonstrated compliance with the required
noise levels.
2. The proposed location is visually and acoustically screened with existing
walls, landscaping and buildings found on-site at Plaza Roberge.
3. The proposed outdoor music site, (i.e. adjacent to the restaurant
building), is located 200 feet from the nearest residential property on
Larrea Street.
PD 0242
2
• �� �1t-: :,, .
STAFF REPORT
CUP 96-15 AMENDMENT #2
DECEMBER 5, 2000
Staff recommends that the Planning Commission grant approval of the
conditionat use permit for a six-month trial period. Condition #5 in the draft
resolution stipulates that the outdoor music shall be valid for a six-month
period, with a �tipulation that the Planning Commission may grant an
extension if during the six-month period the City determines that the use can
conform to the conditions of approval and is found to be compatible with the
adjacent properties. Staff would schedule a public hearing after the six-
month period to allow property owners and residents to address any
concerns.
q, FINDINGS REQUIRED FOR APPROVAL OF A 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.
. Accessory uses located on the same site as the conditional use
permit are permitted with approval of a conditional use permit.
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.
. The site is visually and acoustically screened via existing walls,
landscaping and buildings. The proposed outdoor music will not
be not be detrimental to the adjacent p�operties.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved variances
or adjustments.
. The outdoor music is required to adhere the City's Municipal
Code Chapter 9.2.030 relative to noise levels in a commercial
district.
4. The proposed conditional use complies with the goals,
objectives, and policies of the city's adopted General Plan.
. The proposed outdoor music use is proposed in a commercial
district and which is allowed with approval of a conditional use
PD 0243
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�, (�
. . . ��. �
� STAFF REPORT
CUP 96-15 AMENDMENT #2
DECEMBER 5, 2000
permit. The use complies with the goals, objective and policies
of the General Plan.
III. RECOMMENDATION:
That the Planning Commission adopt Resolution No.
Amendment �2 to C.U.P. 96-15, subject to the attached conditionsProving a
IV. ATTACHMENTS:
A. Draft resolution
B. Legal notice
C. Applicant's letter dated September 28, 2000
D. Municipal Code Chapter 9.24.030
E. Site Plan
Prepared by
Martin Alvarez, Associate Planner
Reviewed and Approved by �
Philip Drell, Community Development Director
PD 0244
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V�, ORAL COMMUNICATIONS
None.
V��, CONSENT CALENDAR
A. Case No. PMW 00-25 -Mr. Ronald Corn, Applicant
Request to approve a lot line adjustment between Lot 19 of Tract
No. 6685-1 and a portion of Lot 4 of R.S. 55/38-43
B. Case No. PMW 00-26 - Rick Somers Construction, Applicant
Request to adjust easteriy line of Lot 64, 20.50 feet into Lot 63.
ion:
It was moved by Commissioner Campbell, seconded by Commissioner Lopez,
approving the Consent Calendar by minute motion. Motion carried 5-0.
y���, PUBLIC HEARINGS
Anyone who challenges any hearing matter in court may be limited to raising only
those issues he, she or someone else raised at the public hearing described
herein, or in written correspondence delivered to the Planning Commission at, or
prior to, the public hearing.
A. Case No. CUP 96-15 Amendment#2 - Denise Roberge, Applicant
Request for approval of an amendment to the existing conditional
use permit to allow nightly amplified music entertainment in the
outdoor seating patio of Augusta Restaurant located at 73-951 EI
Paseo.
Mr. Alvarez stated that the property is located at the southwest comer of EI Paseo
and Portola. The property is zoned C-1 general commercial and is surrounded by
commercial properties on three sides: Portola, EI Paseo and Prickly Pear. A four-
unit multifamily residential complex was on the south side on Larrea Street. The
existing Augusta Restaurant has been in operation since 1996 under a conditional
use permit. At this time the applicant was requesting an amendment to the CUP
2 PD 0245
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PALM DESERT PLANNING COMMISSION
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to aliow nightly amplified music in the outdoor patio dining area. The patio is
located on the south side of the building. Mr. Alvarez indicated that there was an
exhibit included with the staff report showing the location. It was currently
screened from view with an existing wall, landscaping, the building to the east, and
a parking lot to the south. The applicant was asking for approval to have harpist,
jazz trio� guitarist, pianist, disc jockey and keyboardist. The applicant did not
indicate a time to end the music, but they indicated they would adhere to the noise
ordinance for commercial noise levels. Those levels measured in decibels were
outlined on page two of the staff report. Between 7:00 a.m. and 10:00 p.m. the
levels were 65 dbl and between 10:00 p.m. and 7:Ofl a.m. the levef was 55 dbl
maximum. Throughout the year city staff had approved three outdoor music
events for this property under the temporary use permit ordinance. During these
three permits the applicant was allowed to use outdoor music for special events
such as a wedding reception and special private parties. During those three
events staff did not receive any complaints. Code did not receive any telephone
or mail complaints because of the outdoor music. He pointed out that on
November 23. 2000 a legal notice was mailed to property owners within 300 feet.
There was a problem with the legal notice because it indicated that the meeting
was on Thursday (not Tuesday) December 5,.2000. There were some calls
regarding this issue. The date was right but the day wasn't. If the commission
wished to act on this item tonight they could do so or staff could renotice the
project for the meeting of December 19. If commission wished to proceed, they
could hear from the public but staff was recommending approval of the request.
Similar outdoor events had been held with no impact to the adjacent properties,
the location was visually and acoustically screened via an existing walls and
F�ndscaping, and the proposed outdoor music area would be limited to the
rear/south side of the building which was approximately 200 feet from the nearest
residential property on Larrea Street. Staff recommended approval for a six-month
trial period. Condition number 5 stipulated that outdoor music would be permitted
for six months. That would allow staff and commission to evaluate the effects of
music being played day to day.
Commissioner Finerty asked what the hours of operation were for the restaurant.
Ms. Roberge spoke from the audience and said that at the latest people stayed
until 11:30 p.m. Commissioner Finerty asked if Ms. Roberge anticipated the music
going past 11:3U p.m. Ms. Roberge said she didn't think so. Commissioner
Finerty asked what time the restaurant opened. Ms. Roberge said 6:00 p.m., but
the bar would open at 5:00 or 5:30 p.m. Commissioner Finerty pointed out that
3 PD 0246
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it could be conceivable that there would be music befinreen 5:00 p.m. and 11:30
p.m. Ms. Roberge said that was correct.
Chairperson Beaty Qpened the public hearing and asked the applicant to address
the commission.
MS. DENISE ROBERGE, the applicant, addressed the commission.
Commissioner Campbell asked if the applicant planned to have the music nightly.
Ms. Roberge said she was pretty sure they would, although she wasn't sure
about Sunday night.
Commissioner Lopez asked what size of bands Ms. Roberge could accommodate
in the area she was proposing.
Ms. Roberge said they could accommodate a rock and roll band and could
accommodate 10-12 pieces. They wouldn't have that because they also
had to be considerate of the diners that were in the restaurant. If the music
got too loud it would defeat their own purpose in having it. It had to be at
the level where it was comfortable to eat with and still was enjoyable to
dance to. They tried not to keep it too loud even when they had the
temporary permits. It didn't seem to have to be loud to appease the people
dancing to it and the restaurant people were comfortable with the sound
level. She said that she didn't want it to be a temporary permit. By having
the other functions, it had proven that they weren't a noise problem and she
didn't understand the reason for going through the procedure again in six
months. She was sure if they became a problem they would hear about it.
It wasn't to their advantage to be a problem.
Mr. Drell said that from his own experience he lives next to a community center
that has music. What someone might tolerate once a month or less became a little
bit more of a problem if it is every day. There was a difference. Staff wasn't
confident that what wasn't a problem once every few months wouldn't be a
problem every day.
Commissioner Finerty asked if Ms. Roberge would be uncomfortable postponing
the decision to December 19 because of the legal notice confusion to make sure
everyone was properly noticed since Mr. Alvarez did receive phone calls.
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Ms. Roberge said that she was sure they could function on a temporary
permit. They did want to have some Christmas festivities out there, but
they could apply for a speciai use.
Chairperson Beaty asked how many phone calls were received. Mr. Alvarez
indicated that he received one and Ms. Monroe received one. Chairperson Beaty
asked if they were positive or negative. Mr. Alvarez said he couldn't tell. Ms.
Monroe said it was negative. Commissioner Campbell asked if the calls were from
residents or business owners. Mr. Alvarez said one was a business owner, the
other was not known. Commissioner Campb�ll asked if the business owner
identified themselves because she wasn't sure what business would be o en
during the proposed hours. Mr. Drell said that the people that called realized hat
the meeting would be today and there were people in the audience. It would reall
be for the people who didn't call who might show up on Thursday. Y
Chairperson Beaty asked if anyone wished to speak in FAVOR or OPPOSITION
to the proposal.
MS. PAT WEBB, 73-963 Larrea (her mother was 73-965 Larrea, and the
other tenant was 73-961 Larrea) stated that she was representing herself
as a tenant, the three apartment units on the south side of Larrea behind
Denise Roberge, her mother who was home ill who owns the three
apartment units, and she was representing Mr. Richard Oliphant and
Associates who own 30 units on Shadow Mountain. They were against this
music. The staff report said that the city did not receive any citizen
complaints when Ms. Roberge had the temporary permits. In 1998 her
mother called the She±-iff several times and they went over to the restaurant
to tell them to lower the music. It was at 10:00 p.m. and very loud and was
still going strong. She personally went over there one night and was
treated very rudely by whomever the manager was, although she didn't
believe that manager was still there. Atso, on the 30 units owned by Mr.
Oliphant on Shadow Mountain, those were all seniors and didn't appreciate
hearing that music, which carries and the decibels were the same levels
they used at airports and the airport maximum was 75. She didn't want to
live and try to sleep behind something that was blaring. She was definitely
against it and when Ms. Roberge had the bands there, they were brought
in big buses and they were parked in front of her apartment complex with
the air conditioners going and they were very loud. That diesel fuel did not
smell good. She said she was representing Mr. Oliphant and had the
signatures of the residents in opposition.
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Mr. Drell noted that there were events in 1998 that were a problem. At that time
staff worked with the applicant and told her that if those problems were repeated
they wouldn't get temporary use permits approved. He asked Ms. Webb about the
events over the last year.
Ms. Webb said that they had been heard, but they were trying to be nice,
hopefully thinking that they reported her before, how many times did they
have to be reported to say that after 10:00 p.m. they shouldn't have blaring
music.
Mr. Drell asked if the events of the last year were just as noisy.
Ms. Webb said they were noisy and they had music playing outside. It was
just the stereo system and wasn't a live band. They heard Frank Sinatra
playing and the wind blew the sound. When talking about acoustics, the
fence was six feet high and the sound carried right over because the
speakers were up higher.
Chairperson Beaty asked if Ms. Roberge wanted to readdress the commission.
Ms. Roberge informed commission that she has never had a band that
required a bus. They had only had one complaint and it was the first
function they had. They really didn't realize the noise levzl. Shadow
Mountain was a long way from them.
Ms. Webb spoke from the audience a�d said that Shadow Mountain was
the next street past Larrea.
Ms. Roberge said that was a long way from her property. She also pointed
out that The Gardens has music outside, so if anyone was to complain
about the music from Shadow Mountain, they should complain about The
Gardens, not them. She said she tried to run a nice, clean business and
not offend her neighbors and their property unfortunately was in a major
commercial area and everyone developed around them. They had never
had a problem with the churches or anyone else as a neighbor. They
would be sensitive to their sound. They didn't want to offend them and she
apologized if one of her managers did offend Ms. Webb. That wasn't the
way they normally worked. The city did need some entertainment and it
desperately needed a place for people to go to listen to music that was well
6 PD 0249
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managed. She didn't know if the commission read the article in the
newspaper about K.D. Lang being in Palm Springs. Everyone was saying
how great it was to bring in a performer like K.D. Lang and to have a place
to go. She couldn't express how often people requested music. It was a
need in the city. They didn't have a good place for people to go to listen to
music and dance. They would try to manage it the best that they could.
Chairperson Beaty asked how they wanted to handle the matter of the legal notice.
Mr. Alvarez said that if it was the commission's direction, staff would renotice the
hearing with the correct date and continue it to December 19. Commissioner
Campbell asked if Ms. Roberge would be able to have a temporary conditional use
permit granted if she wanted music prior to December 19. Mr. Drell said that even
if it was approved there was a 15-day appeal period. (Ms. Roberge spoke from
the audience and said she wanted to have it for New Year's.) Mr. Drell asked for
direction from the commission. Commissioner Campbell said that they have had
other people come before the commission with smaller restaurants and they had
to revoke their conditional use permit. With this applicant� she has had temporary
use permits and it was a small restaurant. It was a large venue she had with the
restaurant and art gallery. These events were booked in her gallery months in
advance or even a year in advance. People booked it for the following year. She
thought that Ms. Roberge was very conscientious about her neighbors. There
were more businesses around the area; more so than residents. That might have
been more of a residential area years ago, but now it wasn't. It was being
surrounded by commercial. The location of the music was well secluded. On
condition number five, Commissioner Campbell stated that she didn't feel Ms.
_ F�ofierge should be penalized to have the conditional use permit�or a six-month
period. If Ms. Roberge has the conditional use permit and violates it, the
commission could revoke it. She was in favor of granting the conditionat use
permit with the elimination of condition number five.
Commissioner Jonathan said he didn't have any problem with the legal notice
saying Thursday, rather than Tuesday. Today was December 5 and he was
comfortable moving forward on it. He was hopeful that the music wouldn't be a
problem to the neighbors, but he had his concerns. He was very sensitive when
commercial areas encroached on existing residential areas. The applicant was
seeking a change to the existing conditional use permit so obviously the applicant
was happy and proceeded with the plans for this economic venture without the
music, so this was a departure to what had originally been approved and could
pose a further encroachment upon the neighborhood. He was concerned, but he
� PD 0250
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DECEMBER 5, 2000
wanted to give it a shot. His suggestion was that they allow the request for Friday
and Saturday only for three months and if it wasn't a good situation, hopefully the
neighbors could live with it for three months and the commission would hear from
them at that time. If there was a problem, then the applicant had an opportunity
to work with the neighbors to resolve the problem, and if the problem could not be
resolved, they were in a position to revoke the CUP in such a way that it hasn't
caused too much damage to the residents. He felt that was a reasonable
compromise. Having the applicant come back for a temporary use permit he didn't
feel was a hardship.
Commissioner Lopez said he also didn't have a problem with the legal notice. He
said he has often had concerns with amplified music on an ongoing basis. In the
desert music and sound traveled, especially if there was any kind of a breeze, so
he was concerned about the amplified music. If there was an ability to provide
entertainment for diners where they had piano music or guitar music that would be
non obtrusive to the individuals living in the area because he knew they were
going to have a problem with that. But he did agree that they should give them the
opportunity and that it needed to be on a probationary period. He would agree
with the three-month period for Friday and Saturday to see if that was something
that might work because he did think they had to be sensitive to what the effect
would be on an ongoing basis of music playing every night. He thought there
would be a difference between having that and every once in a while having a
wedding reception. He would be willing to consider a limited amount under a
probationary time frame and .agreed with Commissioner Jonathan on that
, compromise.
Commissioner Finerty said she was a little perplexed how the apartments on
Shadow Mountain and Larrea found it disturbing, but the diners didn't. She could
see if it was a harpist, a jazz trio or something similar. Her concern was with the
keyboardist and the DJ and she thought that was when it could get really loud.
Another thing they usually required was hours as well as nights and that had been
consistent. She was uncomfortable not having set hours. She would be willing to
try it for three months, finro nights a week and that would give all parties a chance
to work it out. But she wanted firm hours so that they had some parameters to
work with which wasn't uncharacteristic of commission conditions in the past.
Chairperson Beaty said he was opposed initially, but he liked the concessions or
changes proposed to the conditional use permit. He strongly felt they should
come back and review. He felt three months was a good idea, two nights was a
s PD 0251
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PALM DESERT PLANNING COMMISSION
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good idea, and a time limit was a good idea. He asked if for suggestions on the
hours. Commissioner Finerty noted that they were talking about the bar opening
at 5:00 p.m. and the restaurant closing at 11:30 p.m. Her concem was after 10:00
p.m. and felt that was where there might be a problem. She suggested 7:30-10:30
p.m. to see how that worked. Then they would have some experience with
allowing the music after 10:00 p.m. Commissioner Campbell pointed out that
some people here in the desert went to dinner at 5:30 p.m. and 7:30 p.m. was too
late. Mr. Drell said that staff didn't really care how early they started and could start �
at 3:00 p.m. Commissioner Finerty suggested 5:00 p.m. to 10:30 p.m. Mr. Drell
said that the limit should be on the upside, not on the downside. The other issue
was that during the day ambient noise levels were pretty noisy and he didn't think
it would be a problem then. It was when traffic noise got quiet. Basically the
decibel levels were for a commercial zone. Once it crossed the street, it entered
a residential zone and there were different decibel levels applicable in a residential
zone. He believed it was 10 decibels lower(45 decibels). Commissioner Finerty
asked if they wanted to require it to go to 45. Mr. Alvarez said that the ordinance
said that the sound level limit between finro zoning districts should be measured at
the higher allowable district. Mr. Drell recommended having it the other way. In
the desert, when it was so quiet, even noise levels that were significantly lower
could be heard because of the difference in the ambient noise levels and whether
you like Frank Sinatra. Commissioner Finerty asked if they measured the decibels
from the properties affected, so that would be from the location of the apartments.
Mr. Drell concurred. Chairperson Beaty commented that it was specifred that it
couldn't leave the property boundaries. Mr. Drell said that as an example, when
they did the noise analysis for Ruth's Chris, the goal was to achieve the residential �
s�andarct. The noise level in that situation was in the 40's. Commissioner
Jonathan said the issue in his mind right now wasn't so much the decibel
measurement as much as it was how the neighbors were going to perceive it and
what the applicant would do to mitigate those issues. He suggested moving
forward at this time with approval but amending condition number five to provide
for a three-month period for the amendment to the CUP and limiting the amplified
music to Fridays and Saturdays no later than 10:30 p.m. He made that a motion.
The motion was seconded by Commissioner Finerty.
Commissioner Campbell asked about New Year's Eve. Commissioner Jonathan
suggested a special permit. Mr. Drell said that those sorts of events neighbors
had an expectation of a little bit of noise because people had parties in their own
homes. Chairperson Beaty called for the vote.
9 pp 0252
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Action:
It was moved by Commissioner Jonathan, seconded by Commissioner Finerty,
approving the findings as presented by staff.. Motion carried 5-0.
It was moved by Commissioner Jonathan, seconded by Commissioner Finerty,
adopting Planning Commission Resolution No. 2032, approving CUP 96-15,
subject to conditions as amended. Motion carried 5-0.
B. Case Nos. GPA 00-6, C2 00-09, PP 00-21- Richard Hughes, Applicant
Request for approval of a Mitigated Negative Declaration of
Environmental Impact, General Plan Amendment and Change of
Zone from Low-Density Residential (R-1)to District Commercial and
a Precise Plan of Design for a mixed use commercial complex
located on 7.87 acres at the southwest corner of Cook Street and
Sheryl Avenue.
Mr. Drell explained that a draft traffic study was completed. There were some
corrections that needed to be made as a result of staff review. They had not been
completed and he was confident it would be ready for December 19. He was
assured by the Traffic Engineer that the corrections should be forthcoming.
Chairperson Beaty noted that the public hearing was still open and asked if
anyone wished to address the commission in FAVOR or OPPOSITION. He asked
if the applicant wished to address thE commission first. Mr. Hughes said he would
reserve his statements until December 19.
MR. DAVE HART, 74-657 Gary Avenue, thanked the commission for the
opportunity to speak. He said he spoke last time and would be brief as
. possible. He pointed out that this area is zoned for low density residential
and not commercial. His question was why they were changing the original
plan. Over at Sagewood when the neighbors thought there was going to
be a Wal-Mart going in, they raised the same kinds of issues. As
Commissioner Jonathan_ put it, they had an issue of encroachment of
commercial in a residential area. He asked what the current availability
was for commercial property in Palm Desert. He said that if there was
plenty of available property, he asked why they would build a bowling alley
and complex like this next to a high school. He asked if the commission
- . 1 o PD 0253
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CITY OF PAI,M DESERT, CALI�
'00 QEC 1 y P�1 2 0'�
A.PPLICATION TO AP � r� ��
, , .
� , DECISION OF T� I�/'�//j
. (Name of Co ' tee/Commission)
Case No. �W- q�p ��� Meeting Date: o � �Q
� � �
Name of Appellant /S�Q.. .� � o � � � �� �
Address �3�9�� ��� U"Ct�521� �i.�fr, �J�s�/�' Pbone: (�D)3�{0 - C
Descriptioa of Application: u�.sf Q d.( ,�� ,�
x ' '-fi �,�,,�e �,
r�.� "�-� eh.
' "o of f� ,
'�eason for Appexl:There is an ongoing reqnest b�,our customers to have masic 8t dancing,other venues on the street have ni t1y
..nabling their restauraat/bars to be full. If the music was too loud outsi musi
malang an unpleasant 'ence and not returning, pngusta has�it would then be too loud for our indoorguests as we�th�
corner of I.arrea dt Pri Pear. ged to install a dec�'bel meter reader inside the existing wall at the
the music level excxed S decibel�a red lighet w uld then indi'�tle we need toturn the music�down.s We have�been�rdinance level•shoul
��ernuts throughout theyear and have not received any citizen comp(aints,or customer com laints re �t�temporary use
Department rocommended to the P garding the music. The Planning
temporary 3 month permit,Friday dt�Sa�CO���on t°�ant aPProval for a 6-month trial period: The Planning Commission granted
. Y �&4 odY• We want a permanent amendment to our existing condidonal use pemu�
Signature of Appellant ' �;, /
Date �
� . FOR OFFICL4I,USE ONLY
� Date Appeal Filed: — � a � � `� i Db Fee Received: �s�'��
Treasurer's Receipt #: a a 4�� � M.
_ Received by:
Public Hearing Set For:
.
Action taken by the City Council:
Date:
� PD 0254
Sheila R. Gilli an, Ci Clerk
N �
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REGULAR PALM DESERT CITY COUNCII,MEETING
* A A A !1 R R t! R A f� • f 1t R t! A ft ft R ft A 1t t� R • A R f� �t t! �t A ft A R f� R A A R � R A !t ft ;ANUARY R�� R oo�
XII. AWARDS,PRESENTATIONS,AND APPOINTMENTS
' None '
XIII• PUBLIC HEARINGS
A. CONSIDERATiON OF AN AppE,�i, TO A PLANNING COMMISSION DECISION
APPROVING qIV A11�NDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO
ALLOW AMpLIFIED 11�JSIC � � pUTDOOR DINING pATIO AREq OF THE
AUGUSTA RESTAURAIVT LOCATED AT 73-995 EL PASEO Case No. CUP 96-I 5 Amendment
#2 (Denise Roberge, Appellant�.
Associate Planner Martin Alvarez reviewed the staff report, noting that the Plannin Commi '
at its meeting of December 5, 2000, unanimously approved an amendment to a Conditional Use
Permit to allow outdoor music on the south side of Augusta Restaurant, with the following
stipulations: 1)Approval was for a three-month trial period;2)the music would be limited to Friday
and Saturday nights only and until 10:30 p.m. only; 3) the music shall comply with the City's noise
sound level limits af 55 decibels before l 0:30 p.m. He said the three-month period wouid expire on
March 5,2001,at which time the Planning Commission will hold another public hearing to determine
its compatibility and conformance with the conditions placed. He said the applicant had appealed that
decision. Staffs recommendation was to refer this matter back to Planning Commission after the
expiration of the three-month trial period for further evaluation.
Mayor Pro-Tem Kelly declared the public hearing o en and invited testimony in FAVOR of or OPPOSE
to this request. . D
MR-LAR.RY GROTBECK, 74-085 Fairway Drive,Palm Desert,said a lot ofhi h- rofile
parties and events are held at Augusta Restaurant. The gallery, restaurant, and patios are ren edrfor
p�avate parties and, at times, many of the groups request live, outdoor entertainment. He said the
desired to build their restaurant as a venue for dancin� and music on EI Paseo at night, and the
building was designed for a dining and dancing experience on the rear patio overlooking the lawn and
the mountains. He said they had previously beeri denied a seven day per week live music option. He
assured the Council that the music would be popular dance music,jaza, trio, harpists,guitarists, disc
�ockey, or keyboard, �nd would target an audience of 35+
nights only would not work for them because they want deeventsethatbu Id the d n�in Sdan cny
business beyond Friday and Saturday nights, which were typically the easiest nights o fill the
restaurant, and they wanted to be able to book groups which call and request parties on other nights.
He said they also did not want to stop the dancing at 10:30 p.m;;they had diners booking reservations
as late as 9:00 ar 9:30 p.m., and they would want to dance as late as 11:30 p.m. He added that while
the two day per week was supposed to be for a trial period, he felt the restaurant had already shown
its ability to run a good show by its past events in the past. In addition, he felt th
responsible corporate citizen of Palm Desert and a positive influence on EI Paseo.eHe sa dethea
would comply with all of the commercial property noise ordinances and, by the nature of the�
entertainment and clientele, they would be a very upscale, smoothly run operation. He noted that the
20 PD 0255
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REGULAR PALM DESERT CITY COUNCIL MEETING
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music would not be loud because they would not want it to interfere with their main dinin ro
He said he felt the Minutes ofthe PJanning Commission meeting ofDecember 5,20�0, did not refl ct
any significant apposition to live music on the outdoor patio as proposed in the staffre ort. Besid
benefits to the restaurant, he felt there would also be benefits to the merchants on the ast end of EI
Paseo, attracting more people to those businesses in the evenings. He said he felt the conditions
imposed on them were overly stringent due to the specifics oftheir situation:the location of the dance
floor, the size of the back lawns, and the remoteness of one residential structure to the music.
Upon question by Mayor Pro-Tem Kelly, Mr. Grotbeck responded that they were applying for the
flexibility to have live music seven days per week until 11:30 p.m.,although there were weeks durin
the summer months when there would be no live music. He said there were other weeks when the e
would be five or six nights of live music. He added that this did not mean there would be seven
, ni�;his of live entertainment year-round at that location.
� Counciiman Spiegel asked if Mr. Grotbeck was willing to go along with the decibel level
recommended by the Planning Commission, and Mr. Grotbeck a�reed.
Councilman Crites asked ifMr. Grotbech was applying for the permanent ability to have live music
on the patio, rather than the three-month trial period,and Mr. Grotbeck responded that he would like
to have approval for a minimum of six months, althou�h permanent approvai would be better.
Mr. Drell added that the ori�inal request of the applicant was for a six-month trial period.
Cuuncilmember Benson stated that live music had been a problem along EI Paseo for quite some time
and the Council had dealt with several restaurants in the past with the music filtering over to the
,
Sandpiper development. She asked Mr. Grotbeck if there would still be live music if there was no
special event going on.
MR. GROTBECK resp�onded that there would be two circumstances where there would be live
music; one would be special events. He said they would also locally promote dining and dancing on
the back patio with live music; for example, they could have a live jazz trio on Friday and Saturda
night for the locals. As far as the rest of the week, he said they would like to have the flexibilit to
allow diners to also dance on the patio. He added that ifthey did not have live entertainment booked
there would be no music on the patio.
,
Councilmember Benson said she understood the need to have the live music for the bi rou s
because they are paying for it and brin�ing money into the community,but she also expressed conceP
with having music there seven days per week just for the sake of having music.__ rn
Councilman Spie�el stated that Mr. Grotbeck had mentioned a disc'ocke and
preclude the restaurant from playing disc jockey-type music on the patio w�hen pecial events a e�not
going on.
PD 0256
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MINUTES
REGITLAR PALM DESERT CITY COUNCIL MEETING
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MR. GROTBECK responded that the catiber of the ciientele controls the quality of the music. He
said'they have an upscale, affluent, professionaf, 35+ group that comes out of places like Merrill
Lynch, Dean Witter, etc., and the music would be tailored to that type of customer.
With no further testimony offered, Mayor Pro-Tem Kelly declared the public hearin closed.
8
Councilmember Benson said she would like to see something worked out to accommodate special
groups, although not for seven days per week. She said she would also agree to a three-month trial
period, with further review after that time.
Councilman Spiegel noted the petition included in the staff report, signed by 24 people, giving the
administrative assistant to Mr. Richard Qliphant, Patricia t�ebb, authotity to speak on their behalf
at the Plannin� Commission meetin� of December 5, 2000. She asked what Ms. Webb had said at
that meeting.
Mr. Drell responded that she had objected to the music from past special events approved at that
location on a temporary use basis. He said on the basis of her experience with those special events,
she felt if this was a more routine occurrence, it would cause problems for the residents of her
apartment project, the senior rental project behind the old library building.
MayorFerguson stated that this applicant is well-known to the City ofPalm Desert, and he felt there
would be nothing to prevent the City Council from preventin�the use ifit became a problem. He said
he did not see a problem allowin�the live music for a trial period.
Councilman Crites said he felt the Planning Commission was very clear about wanting to have a trial
period with a subsequent review. He suggested extending the Planning Commission time period from
March 5 to April, assuming there are not any problems, and extend it to a three night per week
approval, allowing the applicant to choose which three nights. If it works, a further extens;on could
be granted. With regard to the hours,he sugsested splitting the difference and allowing the live music
until I 1:00 p.m. between now and the April time period end. He added that this was a Planning
Commission issue and that he felt that bod y s h o u l d b e t h e r e v i e wing bo dy a fter t he trial period.
Mayor Ferguson said the applicant had appealed the Planning Commission decision, and he felt the
applicant was entitled to the Council's independent opinion. He also felt this was one of the better
establishments on EI Paseo and that any problems should be dealt with as they occur rather than
basing a decision on conjecture that there might be problems.
Councilman Spiegel agreed, with the stipulation that the matter come back to the Council for review
following the trial period rather than the Plannin�Commission. He said he would also agree to grant
the applicant's request for an 11:30 p.m. time limit and seven nights per week.
PD 0257
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� ;.< MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
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Mayor Ferguson moved to, by Minute Motion, grant the appeal and approve staffs original
recommendation for the subject case, providing for live music seven nights per week until 11:30 p.m., through
April 30, 2001, at which time the matter wonld be reviewed. Motion was seconded by Spiegel and carried by
unanimous vote.
B. REOUEST FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, GENERAI, pLpN qMEN�ME�� qND CHANGE OF ZONE
FROM LOW DENSITY RESIDENTIqI, (R_1) TO DISTRICT COMMERCIAL (PC_2) FOR
APPROXIMATELY 12 ACRES; AND A pItECISE PLAN OF DESIGN FOR A MIXED_USE
COM1vIERCIAL COMPLEX, INCLUDING A 2,000 SQUARE FOOT GAS
STATION/CONVENIENCE STORE, 8,200 SQUARE FOOT RESTAURANT, 24,000 SQUARE
FOOT OFFICE/RET;4II,, qND A 40-LANE BpWLING CENTER ON 7.87 ACRES AT THE
SOLITHWEST CORNER OF C40K S'FREET ANU SHERYL AVENLJE, MORE
PARTICULARLy DESCRIBED AS APN 624-241-008 THROUGH 019;624-160-002,004, AND
A PORTION OF 624-160-001 Case Nos. GPA 00-06 C/Z 00-09 and PP 00-21 (Richard Hughes,
Applicant).
Mr. Drell reviewed the staff report in detail, noting that an informational presentation was made to
the Planning Commission by the developer,with residents expressing both agreement and opposition
to the project. The Planning Commission felt the project had some positive potential if all of the
various nei�hborhood concerns could be addressed. He noted the land for the proposed project was
currently being used as a drivin� ran�e associated with a par three�olf course; under the proposal,
the golf course would be preserved, and the driving ran�e portion west of the existing parking lot
would be converted to this project. There were concerns raised that this was a commercial project
in a residential zone, and the application was to change the current desi�nation and zoning from R-1
(single family) to District Commercial. The project as desi�ned met all the standards of the District
Commercial zoning. He said ifthe plan is approved in general,the developer would proceed at a later
time with a change of zone and precise plan. He said the development would be to place a one-story
of�iee bailding adjacent to the sin�le-family home, and it was felt this would buf�'er the noise from the
parking lot.
Another concern was traffic and how the traffic generated by this project would impact the adjacent
neighborhood. A detailed traffic study was completed and concluded that with proposed mitigation,
on- and off-site�circLlation results in acceptable levels of service. Proposed mitination included
moving the traffic signal from Merle to Shery) and putting a left-hand diverter on Sheryl to prevent
people exiting the project from turning left and going into the nei�hborhood.
Mr.Drell noted that the Planning Commission had recommended approval ofthis project, subject to
conditions relative to operation of the various uses that could occur at ni�ht. He said the restaurant
would be limited to an 11:00 p.m. closin�time; the bowling center would be limited to 10:00 p.m.
Sunday throu�h Thursday and 11:00 p.m. on Friday and Saturday.
Councilman Spiegel asked ifstaffhad taken into consideration the tentative plans ofthe Desert Sands
Unified School District for the High SchoQl to bring traf�ic out onto Cook Street.
� 23 PD 0258
r • ' �' �' Y I 1 '
Y � f P ,� E �1 DESERT
5= 73—SIO FRED WAAING BRIVE
PALM DESERT, CAL[FORNIA 922C)0-257$
` TEL: 760 346—o6c �
FAX: 7G0 340-0574
i n fo�pal m-deserc.otg
January 29,2001
Ms. Denise Roberge
73-995 El Paseo
Palm Desert, California 92260
Dear Ms. Roberge:
Subject: Consideration of an A eal to a Plannin Commission Decision
_Aparoving an Amendment to an Existing Conditional Use Perm�t to
Allow Amplified Music �n the Outdoor Dining Patio Area of Augusta
Restaurant- CUP 96-15 Amendment#2
At its regular meeting of January 25, 2001, the Palm Desert City Council, considered the subject
matter and took the following action:
By Minute Motion, granted the appeal and approved staff s original
recommendation for the subject case, providing for live music seven nights per
week until 11:30 p.m. through Apri130, 2001, at which time the matter would be
reviewed.
If you have any questions or require any additional information, please do not hesitate to contact
• us.
Sincerely,
RACHELLE D. KLASSEN
DEPUTY CITY CLERK
RDK:nb
cc: Community Development Department
PD 0259
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PD 0260
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RESOLUTION 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 tojustify 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 varill 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.
P� �261
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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 � '
;
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JIM FE GUS � , MAYOR
J
, ,
ATTEST: �
EILA . G LIGAN, CITY C E K
� CITY OF PALM DESERT, CALIFORNIA
2 PD 0262
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RESOLUTION�NO. 01-8
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Amendment #2
Deaartment of Community Development:
1. The development of the property shall conform substantially with exhibits on file
v�ith 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 pFoperties.
PD 0263
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occo�� i s,�oot ��c�'!v�e�
City of Palm Desert-Plannin ��`T � $ �D��
s�partm�t
A'I'TN: Mr. Steve Smith, Planning Manager CCA�iU�vIT`�Bt�ELG'PA1�YT UEP11.a!'+l�NT
73-510 Frad Waring Dr., Palm I,�sert, CA 92260 CtTY o�FAu!o���qT �
�: CUP 96-15 Amendcn�t#2
RE: Temporary Continuance
near Mr. smrth:
Roberge Corporation is filing this letter requesting a temporary continuance of the previous approval granted to us o�Jan
200I by tEie Palm Desert City Council: uary 25,
By Minute Motion,granted tlie appeal and approved staffs ori
live music seven nights per week until 11:3 m throu ��1 r�O���On for the subject case,providing for
OP 8h April 30, 2001,at which time the matter WoWd ba revie„ved,
Augusta Restaurant has raceived no complaints to the best of our knowledge and have adhered to the conditions of the a
gw'�ted to us. As you recomm�dec{,we hava submitted to the Planning Departmexrt a letter requesting a permanent amendmen
� .;onditional Use Parnut. We understand this public hearing process is necessary,however in the meantime w t to
appreciata being granted a continu���the motion approved as stated abova.
e would still
Again,we are requesting to allow nightly outdoor musical entertainment(i.e.,ha i
keyboardist, etc,) 'The proposed location(73_951 El Paseo, Palm Desert, CA)is entirely within c�,olmr��lal�1�' �sc jockey,
would be one normally associated with a restaurart�ar�cility. The proposed location is in accord wi ZOne and all activity
Ordinance-we are aware and will adhere to the 55 decibel commercial noise ordinate after 10:00pm. th the objectives of the Zone
Augusta Restaurant will conti�Ue��pe���e musical errtertairunent as it has during many pri��eVents in whi
Use Pemut has been requestac�and approved. Augusta Restaurant would solely operate and maintain the operation s b
. ch a Temporary
profession�l staff whom will oversee and monitor all food, beverage, entertainment and security. This amendment„v uld nat
detrimeartal to the public health,safety or welfare,or be materially injurious to properties in the vicinity be
Sincerely, ,
I v
c_.l�'S� ./BS.s
Denise Roberge �U
Owner/Roberge Corporation
73-995 El Paseo-Palm Desert, CA 92260
Business: (760) 340-5045 Fax: (760)340-9522 Gj �j�/y�
� l ' ! �/
, "ART IN THE HEART OF THE CITY"..,,,�,�gSOLUTE MUST.�
PD 0264
73-995 El Paseo, Palm Desert, California 92260
Tele: (760)340-5045 � Fax: (760)340-9522 � E-Mail: Info@DeniseRoberge.com
www.DeniseRoberge.com
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t)ctober 18,2001
City of Palm Desert-Planning Departm�nt
ATTN: Mr. Steve Smith, Planning Manager ����I��R
' 73-510 Fred Waring Dr., Paim Desert, CA 92260
����: 1 8 2�01
�: CUP 96-15 Amex�dm�t#2
����n���EIUi'A!eVT DEPA�"fA�ENT
RE: PERMANENT AMENDMENT ��°��'�����E�
Dear Mr. Smith:
Roberge Corporation is filing this letter requesting a uermanent amendment to our existing Conditional Use Pernut. On
January 25,2001 the Palm Desert City Council held its regular meeting and approve�t}�e fouowing:
By Minute Motion,P,ranted the appeal and approved staffs ori
live music savan nights per week untii 11:3 m throu �a1 r����ti�for tha subject case,providing for
OP gh April 30,2001, at vvhich time�e�er would be reviewed.
Between January 25,2001 and April 30, 2001 Augusta Restaurant had received no complairts t�the��of our lmowled
Durin$this time,we held a variety of musical entertainment an the Garden Patio and adhered to the conditior�s of the a ge
ftranted to us.
pp oval
�►Sain,we are requesting to allow nightiy outdoor musical entertainnient(i.e.,harpist,jazz trio
keyboardist,etc.) 'The proposed location (73-951 El Paseo, Palm Desert, CA)is e�tirely within c�ommelClal z e and all key,
would be one normally associated with a restaurant/bar facility. The proposed location is in accord wi a��
Ordinanca-we are aware and will a�ere to tlie 55 decibel comrnercial noise ordinate after 10:00pm, th the objectivas of the Zone
Augusta Restaurant wili continua to operate the musical entertainment as it has during many private avents in wh'
Use Pernut has been requested and approved. Augusta Restaurant would solel � i�a Temporary
professional staffwhom will oversee and monitor all f Y oPerate and maintain the operation(S)by
detrimental to the public health, saf °O� beverage, entertainment and security. This amendme�t�,oWd nat be
ety or welfare,or be materially injurious to properties in the vicinity.
We hava�closed a scale drawing indicating�e designated area in addition to a Certificate of Insurance. We a
time and consideration and look forward to hearing from you. PPr�iate your
Sin elY,
f
U �
�/ 2?r.�� t G[�`���Z
I�eiiise Roberge-Owner/Roberge Corporatiori
73-995 El Paseo-palm Desert, CA 92260
Business: (760)340-5045 Fax: (760)340-9522
(3) Enclosures
"ART IN THE HEART OF THE CITY"..,,,,�q�TAgSOLUTEMUST.�
PD 0265
73-995 EI Paseo, Palm Desert, California 92260
Tele:(760)340-5045 � Fax:(76p) 34p_9g22 � E-Mail: Info@DeniseRoberge.com
www.DeniseRoberge.com
• • �, . ... �_ �.
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POLICY I�UMBER CW 000474 � COMMERCIAL GENERAL LIABILITY
TH�S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIO�VAL INSURED - OWNERS, LESSEE OR
CONTRACTORS
(�ox�s�
This endorsement modifies insurance provided under the following:
Commercial general liability coverage part
SCHEDULE
Na�►e of Person or Organization: CITY OF PALM DESERT,The City and its Council
Mernbers, Officers and Employees.
73-510 Fred Waring Drive
Palm Desert, CA 92260
(If no entry appears above information required to complete this endorsement will be shown in the
Dxlarations as applicable to this endorsement.) '
WHO IS AN INSURED (Section In Is amended to include as an insured the person or
organization shown in the Schedule,but only with respect to liability arising our of"your work"
for that insured by or for you.
CG20 10 11 85 Copyright Insurance Services Office, Inc. 1984
PD 0266
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�eoou�:ER'(g09)587-6800 FAX (909)587-6001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ccu�ate Insurance Associ ates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
0 BoX 890760 • HOL�ER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
� ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
lmecul a, CA 92 589-0760 _ COMPANIES AFFOROING COVERAGE
:................................... �...................r........... . . . . ...................
; �,�,,,,, PubYi c Servi ce Mutua'T���Ins��Co������ ��
Attn: Ext: A
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INSURED ............................... . ................................................................................ ....
Augusta Restaurant
: �„H,. HIH America Insurance Company
73-951 E1 Paseo ` B
:.......................................................................................................................................... .
PaTm Desert, CA 92260 � �""P""'r
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TFNS IS TO CERTIFY TFi�1T THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIICY PERI00
WOICATED,NOTWITHSTANOING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE WSURANCE AFFORDEO BY THE POLIC�ES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES,INMTS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS.
......................................................................:............................................................................................................................................................................................................................
� � TYPE OF INSURANCE � POLICY NUMBER '�Y EFRECTiVE'POLICV EXPIRATION�
LTR: : DATE(MM/DO/YY) ; DATE(MMIDD/Yl� ; LIMITS
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DESCRIPTION OF OPERATIONSlLOCATIONSNEHICIESISPECIAL ITEMS
EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.
ERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED,
OVERAGE INCLUDES, SPECIAL EVENTS AND LYQUOR SALES.
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*�0 DAYS WRITTEH tiOTICE TO THE CERTIFICA7E HOIDER NAMED TO THE LEF7,
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. CITY 4F PALM DESERT ('
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE: November 20, 2001
CASE NO: CUP 96-15 Amendment No.3
REQUEST: Approval of an amendment to the existing conditional use permit to
allow nightly amplified music entertainment in the outdoor seating
patio of Augusta Restaurant located at 73-951 EI Paseo.
APPLICANT: Denise Roberge
73-995 EI Paseo
Palm Desert� CA 92260
�• BACKGROUND:
The subject property, also known as Plaza Roberge, is located at the southwest
corner of EI Paseo Drive and Portola Avenue. The property is zoned C-1,
General Commercial and is currently operated as a restaurant and art gallery.
With exception to a 4-unit multi-family residential complex located south side of
Larrea Street, the property is surrounded by commercial properties. The
restaurant has an outdoor dining patio located on the south side of the building,
which is screened from view by existing walls, landscaping and buildings (see
site plan).
In December of 2000, the Planning Commission adopted Resolution 2032
approving a request to allow amplified music in the outdoor patio area of Augusta
restaurant (see attached). The approval stipulated the following conditions:
• The outdoor music shall be limited to 10:30 p.m. on Fri�ay and Saturda
nights only. The outdoor music shall comply with the noise sound level for
residential .properties prescribed in Chapter 9.24 of the City Municipal
Code.
• The subject conditional use permit shall be valid for a three-month period
from the date of Planning Commission a
March 5, 2001 , pproval (i.e. December 5, 2000 to
Commission if the omm ssion�determines granted by the Planning
period the use has demonstrated conformancet wifth rtheeconditi nsnoh
approval and has been found to be compatible with the adjacent
properties.
The applicant appealed the Planning Commission decision and was heard b the
City Council on January 25, 2001. At the City Council meeting, the appl cant
requested consideration to allow the outdoor music 7 days a week until 11:30
PD 0268
;
�
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�STAFF REPORT � .
�� CUP 96-15 AMENDMENT#3
NOVEMBER 20, 2001
p.m. The City Council approved the applicant's request with the following
conditions:
• The outdoor music shall be limited to 11:30 p.m. and shall comply with the
City's Noise Ordinance (Chapter 9.24, see attached).
• The subject conditional use permit shall be valid for a 6-month period from
the date of Planning Commission approval (i.e. December 5, 2001). After
the 6-month trial period, the City Council shall hold a public hearing to
determine if the use has demonstrated compliance with the conditions of
approval and has been found to be compatible with the adjacent
properties.
The applicant's approval expired on June 5, 2001.
II. DISCUSSION:
As conditioned by the City Council, after the 6-month trial period the applicant
could request an extension to the approval. At this time the applicant is
requesting that the Planning Commission re-affirm the City Council's action of
January 25, 2001 and allow the restaurant to continue to offer music to their
clients within the outdoor dining patio, 7 days a week until 11:30 p.m.
Staff sent notices to property owners within 300 feet of the subject property. As
of the writin� of this report� staff has received no comments from the surrounding
property owners. Staff also contacted the Sheriff's Department and the City's
Code Enforcement Department to see if any complaints had been filed during the
City Council approve 6-month trial period (December to June). Both
Departments indicated that they have had no complaints on this property.
III. ANALYSIS:
Staff believes that the applicant has demonstrated that it can be a good neighbor
and a compatible use with the adjacent properties. As mentioned above, staff �
has had no issues with the outdoor music. The restaurant will be held to the 55
decibels level after 10:00 p.m. and the music will end at 11:30 p.m. nightly. Staff
believes that the following factors exist, which justify the approval of the outdoor
music:
1. The applicant has demonstrated that the proposed outdoor music will not
negatively impact any adjacent properties and has complied with the required
noise levels.
PD 0269
2
f. !� � �I ( `�.
, "" 'STAFF REPORT � 4=
� CUP 96-15 AMENDMENT#3
NOVEMBER 20, 2001
2. The proposed location is visually and acoustically screened with existing
walls, landscaping and buildings found on-site at Plaza Roberge.
3. The proposed outdoor music site, (i.e. adjacent to the restaurant building), is
located 200 feet from the nearest residential property on Larrea Street.
Staff recommends that the Planning Commission grant approval of the
conditional use permit.
A. FINDINGS REQUIRED F4R APPROVAL OF A 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.
• Accessory uses located on the same site as the conditional use
permit are permitted with approval of a conditional use permit.
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.
• The site is visually and acoustically screened via existing walls,
landscaping and buildings. The proposed outdoor music will not be
not be detrimental to the adjacent properties.
3. The proposed conditional use will comply with each of the
applicable provisions of this title, except for approved variances or
adji�stments.
• The outdoor music is required to adhere the City's Municipal Code
Chapter 9.2.030 relative to noise levels in a commercial district.
4. The proposed conditional use complies with the goals, objectives,
and policies of the city's adopted General Plan.
• The proposed outdoor music use is proposed in a commercial
district and which is allowed with approval of a conditional use
permit. The use complies with the goals, objective and policies of
the General Plan.
PD 0270
3
� � � �..
�" 'STAFF REPORT
� CUP 96-15 AMENDMENT#3
NOVEMBER 20, 2001
IV. RECOMMENDATION:
That the Planning Commission adopt Resolution No. , approving
Amendment No. 3 to C.U.P. 96-15, subject to the attached conditions.
V. ATTACHMENTS:
A. Draft resolution
B. Legal Notice
C. Municipal Code Chapter 9.24.030 �
D. Planning Commission Resolution 2032
E. City Council Resolution 01-8
F. City Council minutes dated January 25, 2001
G. Applicant's letter dated September 28, 2001
H. Site Plan
Prepared by r `
Ma m Alvarez
Associate Planner
Reviewed and Approved
Philip Drell
Community Development Director
PD 0271
4
� , �- . �,.
� PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIF4RNIA, APPROVING A REQUEST TO
AMEND THE EXISTING CONDITIONAL USE PERMIT TO ALLOW
NIGHTLY AMPLIFIED MUSIC IN THE OUTDOOR DINNING PATIO
AREA OF AUGUSTA RESTAURANT LOCATED A7 73-995 EL
PASEO DRIVE.
CASE NO. CUP 96-15 Amendment No. 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 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 4uality Act, Resolution No.
Od-24," in t�rat tTie 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 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 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.
P D 0272
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� PLANNING COMMISSION RESOLUTION NO.
2. That approval of ConditiQnal 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:
NOES:
ABSENT:
ABSTAIN:
JIM LOPEZ, Chairman
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
PD 0273
2
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. �
� PLANNING COMMISSION RESOLUTIOI� NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Amendment No. 3
Department of Communitv Develourr�ent:
1. The development of the property shali 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
including but not limited to the following:
Time: Applicable 1-hour average sound level decibels measured at the
property line.
7:00 a.m. to 10:00 p.m. 65 decibels
10:00 p.m. to 7:00 a.m. 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 shall be valid for a one-year period from the date
of Planning Commission approval. An extension to the conditional use permit may be
granted after each by the Planning Commission if the Commission determines that
use has demonstrated conformance with the conditions of approval and has been
compatible with the adjacent properties.
3 PD 0274
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�� PALM DESERT, CALI�ORNIA 922�6p-2j)B
'ri�: 760 346-06 c i
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� CITY OF PALM DESERT•
IEGAL NOTICE �
CASE NO.C.U.P.96-15 Amendment#3
NOTICE IS HEREBY GIV�N that a public hearing will be held before the Palm Desert Planning
Commission to consider a request by'DENISE ROBERGE for approval of an amendment to an
exiating conditional use permit to allow an extension to the City Council approval which allowed
amplfied music in the outdoor dining area of�Augusta Restaurant, seven nights a week until
11:30 p.m. The subject property is located at 73-995 EI Paseo.
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SAID public hearing will be held on Tuesday, November 20, 2001, at 7:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, Califomia,
at which time and place all interested persons are invited to attend and be heard. Written
oomments conceming all items covered by this public hearing notice shall be accepted up to
the date of the hearing. Information conceming the proposed project and/or negative
declaration is available for review in the Department of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in court,you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice,or in written correspondence
� delivered to the Planning Commission(or city council)at,or prior to,the public hearing.
�
PUBI.ISH: Desert Sun PHILIP DRELL, Secretary PD 0276
November 9, 2001 Palrn Desert Planning Commission
.' , ' �
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• � 9.24.020
�����se'��ns the noise produced by the collision measured when the alleged noise violation source is not
of one macs in modon with a second mass which may be operating.
either in motion or rest C. The sound level limit between two zoning districts
"Mobile noise source" means any noise source other sha11 be measured at the higher allowable district. (Ord,
than fixed noise source. 691 §2. 1992:Ord.647§ 1. 1991;Ord.420(parc). 1985)
"Noise level" means the same as "sound level." The
terms may be used inte�changeabty herein. 9.?A.040 General prohibitioas.
"P�soc���mea�a pe�s°°'firm'a�l�O��°P��P• A. In the absence of an objecdve measurement, by
joint venture.corporation or any entity,public or private the use of a sound level meter.additionally,it is unlawful
in nat�re. for any person to make, continue or cause to be made or
"Portable powered blowe�" means any mechanically continued, within the city, any disturbing, excessive or
powered device.cegacdless of the source of power,which offensive noisa which causes discomfort or annoyance to
is not stadonary, and used for the purpose of blowing reasonable persons of normai sensitivity residing in the
leaves, dirt or other debris off sidewalks, lawns or other area„
����� B. The characterisdcs and conditions which should
"Simple tone noise" means a noise characterized by be considered in determining whether a violation of the
a predominant hequency � frequencies so that other provisions of this scction exists,include,but are aot limited
frequencies cannot be readily disdnguished. W, the fnllowing:
"Saund level"(noise level)in decibels is the quantity 1. The level of noise;
measured using the frequency weighdng of A of a sound
2. Whether the nature of the noise is used or unused;
level meter as defined herein. 3. Whether the arigin of the noise is natural or unnacu_
"Sound level mete�' means au ins�vment meedng ral;
Amaican National Standand institute's Standard SL,.41974
for rype 1 or rype 2 sound level meters or an instrument 4' The leve! of the background noise;
���i���� �� g� p 5• The Pmximity of the noise ro sleeping facilities;
g Y� ui ment which 6. The nature and mning of the areas within which
will provide equivalent data. (Ord, g42 $ 1, 199�� prd. We noise emanates;
691 $ 1, 1992; Ord, 42p (part), 1985) 7. The density of ihe inhabitation of the area within
9.24.030 which the noise emanates;
Sound levet limits, 8. The time of day or night the noise occurs;
A. The following one-hour average sound level limits,
unless otherwise specifically indicated. shall � � 9• The duration of the noise;
indicated in the following table: �p y 10. Whether the noise is recwtent, S�termittent or
constanr, and
AppBcable LIm1t 11. Whether the noise is produced by a commercial
one-Hour A.ecage or noncommercial acdvity.(prd,691 §3, 1992:Ord.420
� SO1O1�k•e� (Part), 1985)
T�� DeclbeLi
Residenrial—All zones 7 am.w 10 p.m. SS 9.1A.050
to ��rb��,. �cessive, otfensive
P m��a�' 45 1loises—Declaration o[certaip acts
Commercial mx constituting.
7 a.m.�o to p.m, 65 The following activities,annoying others,aze declared
�0 P•�w 7�m. SS W cause disturbing,excessive or offensive noises in viola-
tion of this section but such enumeration shall not be
Manufacturing �a.,n.co to p.,,,, �0 deemed to be exclusive, namely:
���� A. Horns. Signaling Devices, Muffler Systems, etc,
Unnecessary use or operatian of horns,signaling devices,
A�W�"��� 10 p.m,to 7 im, ss uncontr�ollod muffler noises on vehicles of all
ing motorcycles, and other equipment. ry�'�nclud-
B. If the measured ambient noise level exceeds the
B. Radios,Television Sets,Phonographs,Loudspealdng
applicable limit as noted in the table in subsection(A)of AmpGfiers and Similar Devices,
this section, the allowable average sound level shall be 1. Uses restricted: the use, operation, or permittiag
the ambient noise level. The ambient noise level shall be to be played, used or operated, any sound production or
�eproduction device,iadio nceiving��,musical insRvment,
173
(Palm Desert 8•97)
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Tj-510 FRED WARINC I}RIVE
� '; PAI.M DESEflT, CALIFORNIA 92260-2578
TEL: 760 346—o6n
FAX: �GO 34i-637s
info�pal m-desert.org
�
PLANNING COMMISSION MEETING
NOTICE OF ACTION
�
Date: November 21 , 2001
Ms. Denise Roberge
73-995 EI Paseo
Palm Desert, CA 92260
Re: CUP 96-15 Amendment #3
The Pianning Commission of the City of Palm Desert has conside�ed your request and taken
the following action at its meeting of November 20, 2001 :
PLANNING COMMISSION APPROVED CQSE NO. PP 96-15 AMENDMENT #3 BY
ADOPTION OF RESOLUTION NO. 2102, SUBJECT TO CONDITIONS AS AMENDED.
MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fif een (15) days of the date of the decision.
.�-r— �
�'`"'•.. �____��_;_
Philip Drell, Secretary
Palm Desert Planning Commission
/gs
cc: Coachella Valley Water District
Public Works Department
- Building & Safety Department
Fire Marshal
PD 0278
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PLANNING COMMISSION RESOLUTION NO. 2102
A RESOLUTIQN 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
ENTERTAINIVIENT IN THE OUTDOOR DININ G PATIO AREA
OF AUGUSTA RESTAURANT LOCATED AT 73-951 EL
PASEO DRIVE.
GASE NO. CUP 96-15 Amendment #3
WHEREAS� the Planning Commission of the City of Palm Desert, Califomia, 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 flnd 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 wiil be operated and maintained will not be detrimental to the public health,
safe�ty 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 Amendrnent 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 -
JI PEZ, ' erson
ATTEST:
w. .
PHILIP DREL , Secretary � "
Palm Desert anning Commission
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PLANNIN� COMMISSION RESOLUTION NO. 2102
CONDITI ONS OF APPROVAL
CASE NO. CUP 96-15 Amendment No. 3
Qe.partment 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 cornply 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. to 10:00 p.m. 65 decibels
10:00 p.m. to 7:00 a.m. 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 �oise problem or other significant negativ� impacts on the surrounding
neighborhood.
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l �l aESER1
- 73—S�O FRED WARING DRIVE
PALM DESERT, CALIFORNtA 92260-25�8
TEL: 760 346-06<<
F�x: 760 34i-7oq8
info�palm-deserc.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: April 21 , 2005
Ms. Denise Roberge
Augusta Restaurant
73-951 EI Paseo
Pa1m Desert, California 92260
Re: Valet Parking and Outdoor Music �
The Planning Commission of the City of Palm Desert has considered your request and taken
the following action at its regular meeting of April 19, 2005:
PLANNING COMMISSION, BY MINUTE MOTION, DIRECTED STAFF TO
ENFORCE THE EXISTING VALET PARKING PERMIT AND DIRECTED STAFF TO
ALLOW THE APPLICANT 30 DAYS TO TEST ALTE`RNATIVE ONSITE MUSIC
MITIGATION MEASURES. MOTION CARRIED 5-0.
If you have any questions regarding this action, please call me at (760) 346-0611 ext. 481 .
r--�
'----' , /�,�_(J
Philip Drell, S retary /�
Palm Desert Planning Commission
/tm
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
PD 0282
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
IX. MISCELLANEOUS
A. Oral Update on Outdoor Music and Valet Parking at Augusta
Restaurant.
Mr. Drell said there were finro issues. He asked if there was a representative
from Augusta Restaurant present to come forward. (There was no response.)
He said his first reaction to the discussion of the two issues was, these are
the regulations and they had to find a way for Ms. Roberge to comply. He
was directed to see if they could work out some middle ground or
comprornise that would allow both the City's interest and the property
owner's interest to go forward. He thought the issue of the valet parking was
very different than the issue of the music and noise. Part of the fundamental
� purpose of how they regulate is to protect the general health and safety,
protect the general public from the individual decisions of a particular
property owner.
In the case of the valet parking, the impact of any decision they might make
in terms of how to regulate valet parking was pretty much confined to the
person who makes the choice to go to that restaurant. There's a voluntary
decision that people make to go to a restaurant, whether they have good
food or bad food, good service or bad service, and if someone doesn't like
the services provided by a certain store, you don't go there.
. What staff learned from the Code people about how the valet is working, is
that the lot is being utilized 100%. The lot is full. They have had valet
s�uations where for whatever reasons people avoid the valet, they have an
empty lot and everyone parks out on the street where the offstreet parking
that was designed for the project wasn't being used. That wasn't the case
here. The offstreet parking is being used. So in terms of the way the valet is
operating, is it impacting people who are not making a choice to go to that
restaurant? He would say no since the cars that end up out on the street end
up on the street anyway when the lot is full.
. The existence of the one-way connection between the front and the back
does create some confusion if they have both self-parkers and valet people
operating simultaneously. It could be managed. The applicant would rather
not have to manage it and that's why she's made it for the most part
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
exclusively valet.To quote his old boss, he used to say"where's the guy with
the gun?" meaning who's forcing them to go to that restaurant? That's one
issue.
The noise or music issue is a different one. People being disturbed didn't
have a choice. It's not a voluntary decision they are making to listen to the
music or not listen to the music; therefore, the burden on both the applicant
and the City to solve the problem is a little greater since the people being
disturbed aren't being given the choice to participate in the music or not. The
applicant was proposing, although she had not yet given him the plan, but
i�t�c�s out Mer band has had experience with this probfem before and there
are temporary acoustical barriers and blankets that can be erected. They use
them at rock concerts and other situations. He was expecting to get that
proposal. He hadn't received it yet, but she said she was going to be
submitting it. So at least as an experiment, Ms. Roberge was willing to try
acoustical buffering. He told her to tell him so that he could arrange for the
Code people to be out there to monitor the music at that time to see if it does
bring her down below into the noise standard.
In terms of the noise issue, short.of a significant amendment to the noise
ordinance he saw no way other than noise mitigation to solve that problem,
unless they created some special zone around EI Paseo. There was
discussion with some Council people and there's a certain ambivalence
about discouraging successful businesses that have flourished because of
certain things. .
' So staff was open for discussion and some direction that in the
Cornmission's mind whether they would entertain an amendment to the valet
permit allowing in essence exclusive use of that small lot for valet as the
applicant was requesting. Or the position he originally took with her was
these are the rules� obey them.
The second would be to give her a little more time on the music for her to
respond with a mitigation test and see if that works.
Commissioner Campbell stated that she's never had a problem with valet
parking and seeks out valet parking because they were there for a purpose
and also the community they live in, they have to think about the age group
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of the peopie that don't want to walk and it's available to them right in front
of the restaurant. Ms. Roberge built another special parking lot, so for the
younger generation, if they are able to walk, they can park their cars over
there and walk to the restaurant. But she agreed with Mr. Drell, you go to a
restaurant because you like the food and if you don't like the service or
anything else that goes with it, don't go there. As far as the noise, they
should wait for the barriers.
Chairperson Tschopp said that the reason there are codes, the reason they
have Planning Commissions that plan for adequate parking, is so that not
lust the people who use that establishment, but other people who use other
' establishments on the street are not negatively impacted.And when they say
that basically they are going to special condition this place, they're pretty
much saying they're going to impact everyone else and that's fine. He was
opposed to that because if people can't park their cars on her property, they
will park other places. And that seemed to go counter to the Planning
Commission's job and what code is all about.
He didn't buy the argument that if they don't like the services, they aren't
getting good service, they don't like the food, they will go some place else.
And if they don't like the valet parking, go some place else and they'll still
have a successful business. If they applied that to every business in town,
they wouldn't need to have codes about parking because if they couldn't find
parking,they'd go some place else. Maybe La Quinta or Rancho Mirage. The
reason they have parking codes is again, not just for that business, but all
the ones around it. It also bothered him that valet parking is an implied
payment for parking. They can pE�t up all kinds of signs that say it's free, but
your car is being held hostage, you need to tip the young person. We made
them build a parking lot down the street that is very convenient for young
people to park cars and run back to park more cars leaving the close in
convenient parking for those of them that like to park their own cars. So he
wasn't in favor of that. If another restaurant opens up across the street or if
other restaurants open up or other businesses stay open up at night and
they need street parking, we've precluded them from having it because
we've allowed this person to have special rights that we don't grant to other
businesses. So he wasn't for it because he didn't think it was keeping the
spirit of providing adequate parking for our customers free of charge. That
was his personal opinion.
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
Commissioner Finerty concurred with Chairperson Tschopp. We have our
ordinance and our ordinance needs to be applied to everyone. If the
ordinance is inappropriate, then the ordinance needs to be changed. When
she visited on a Saturday night at 6:00 p.m., there weren't many people in
the lot and there were a lot of parking places in the lot, but they weren't
allowed to park in the lot. She thought there needed to be a time frame set
with regard to compliance with valet,the way our ordinance reads, and there
needed to be a time frame of when they would have an idea of how these
sound barriers that she is proposing may work. With the issues that are
ongoing, it would be helpful to have it done as soon as possible. She thought
that Ms. Roberge said she was amenable to having some of the parking .
open for valet. She asked if there was something that had gone on since
then. Mr. Drell said that when Code did their monitoring, it was their
impression that there were some spaces open for self parking. What they
had observed subsequent to that is that the lots, the entrance from Larrea
and the entrance from Portola, have been blocked off. Her request is to use
it exclusively for valet. Obviously, the City had the ability to enforce what we
required and say no, but that was her preference. Commissioner Finerty
noted that she didn't state that when she came to speak to the Planning
Commission last time. She asked when that happened. Mr. Drell said it
happened when he talked.to Ms. Roberge subsequent to that and that had
been the evidence of what she has been doing.
Commissioner Finerty thought maybe if they looked at the times the lot's full,
maybe it's later. Mr. Drell said yes, they did their monitoring. Since the
purpose of the monitoring was initially to do it for the noise, they did it at 9:00
p.m., 10:00 p.m., 11:00 p.m. Eventually the tot doe�fill. He went over there
at lunch time and there wasn't any valet, but it was full. It was the
Commission's pleasure. He asked if there was any consideration of what Ms.
Roberge wants. If not, then it goes back to what he told her originally that
this is what the ordinance directs them to do and it might very well end up at
Council and whether the ordinance gets amended, we'll find out.
Commissioner Finerty asked if the valet personnel can run to the other lot,
and the other lot has been provided, what is the harm in asking them to use
that other lot? Mr. Drell said the valet would charge her a whole lot more.
Unfortunately, the other lot wasn't set up as a valet lot, it was set up as an
employee lot.
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
.
Chairperson Tschopp pointed out that valet parking 'rs a money making
anomaly for a business. It does not cost the restaurant owner anything when
they get into the books. It is very profitable for a restaurant owner. Mr. Drell
said he wasn't arguing either way, he was saying this is what the position
was. He was told to explore alternative solutions. If the pleasure of the
Commission was simply enforcing the regulation, which was his initial
position, that's the way they would proceed.
When this project came before the Planning Commission, Commissioner
Jonathan said one of the reasons that he approved it was because the
, app�icant was required to provide the additionat parking to the south on
Portola. He was disappointed that the applicant has flagrantly disobeyed the
requirements of the conditions of approval in spite of repeated wamings and
citations by the City. When she came before them and when this matter was
last before them, they said explore options, alternatives, parking
management plans and come back. Let's figure something out. And what he
was hearing is that the applicant has come back and said "I'm not willing to
do anything." And that was disappointing. To him the solution was so
obvious. They have the south lot. It's not used at all in the evenings. It's a
perfect lot for valet parking. The City's valet parking ordinance says that the
most convenient spot shall remain open for those that don't want to use valet
parking; therefore, the lot adjacent to the restaurant should not be for valet
parking. It should be for non-valet parking. The one to the south is
conducive, it's ideal for the valet parking. If they didn't have that, they'd be
in a quandary. But they have it, so the solution presents itself clearly in his
mind and it's a simple solution to implement.
With regard to the parking issue� he'd say hey� there's a violation of the
conditions. What we would suggest, or require, is that the south lot be
utilized for valet and that the lot directly adjacent to the restaurant be
completely available and unobstructed for general customer parking. He
thought they needed to stand firm and make that a requirement.
With regard to the noise, he thought it did contribute to the restaurant's
success. He knew there was some objection in the neighborhood, but it
wasn't overwhelming, and again, he was disappointed that those sound walls
hadn't been put in place and tested already. He thought that's what they
were going to do, but he was willing to give that some more time, too,
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
because he thought there was some compromise and solution out there for
that as well. So he was willing to give the noise situation some more time,
but he'd want that test to be implemented within 30 days and hear the results
and see if they could make it work. So on those two issues, that's where
he'd be coming from.
Commissioner Lopez said he happened to be there Saturday night. First of
all, on the noise and loudness of the band, it is loud and it gets louder as the
night goes on. He was sitting there about 8:00 p.m.And it is a talented group
of musicians and it is very good, but he noticed as the evening went on that
�go� lo�ader and louder. The setup they"ve got was really not conducive
to people listening to the music and the people who want to enjoy dancing
are behind the band. So it was a really weird setup and there's no need to
have the music that loud because you're dancing right next to the band and
actually right behind it. But he did think there was a need to review what
suggestions Ms. Roberge might have regarding bringing in some type of an
acoustic shield or solutions regarding the sound.
� Regarding parking, he also believed that the ordinances are there and we
established those ordinances and established conditions of approval on all
projects and if they find it necessary to enforce noncompliance, then he
thought they needed to do that. His concern would be logistically how it
would work there. He'd be very concerned about mixing self parking and
valet parking on one driveway, especially from 11:00 p.m. until 1:00 a.m. for
people who have been in there enjoying themselves and attempting to
navigate through that area along with valet parkers and he wasn't sure that
wou!�work. But he thought there was a lot more to it then just evaluating the
lots themselves, but logistically how that would work. He thought that needed
to be part of the plan.
Commissioner Finerty said that if the entrances on Larrea and Portola
weren't blocked off, because people could go in there to park, there wouldn't
be a nightmare trying to navigate out of that one entrance. Mr. Drell said
they would obviously have to clearly designate whichever way it is and which
direction the one-way driveway is if they were going to keep it open. Right
now valets use it in both directions since when they are using it they are the
only ones moving vehicles. So the way the valet works, he assumed when
you drive up, the valet takes the car. He asked Commissioner Campbell if
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PALM DESERT PLANNING COMMISSION
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she used the valet. She said yes. He asked if she knew if the valet parker
took the car out onto Prickly Pear around to Larrea into the lot. Chairperson
Tschopp said the valet takes them through the two buildings to the back. Mr.
Drell said then basically the valet pickup is right in front of the door.
Chairperson Tschopp and Commissioner Campbell concurred. Chairperson
Tschopp said he would almost hazard to say that the problem with the
parking is that the valet parking doesn't work on this piece of property
because they can't enter the business and they have it blocked off on Larrea
and Portola and if they come into the front of the building, they can't get to
the parking lot because it's valet only. So the parking works fine there if they
get Fid of the restrictions on the vatef. '
Commissioner Campbell asked why he said that the valet parkers keep the
car hostage. Chairperson Tschopp said that essentially, when you turn a car
over to someone in a valet lot, they have no liability. If something happens
to your car, and so forth� you can't go after them with any success. Secondly,
when you pick the car up you aren't required to tip, but if you tike your car
you probably want to in order to keep it safe the next time you come to this
establishment, potentially. Commissioner Campbell noted that other places
like the McCallum have the valet parker and they tell customers it's $5.00 for �
valet parking. You give them $5.00 first and then go ahead and tip them. But
in some places they tell you how much it is for valet parking. Most of the
places don't have that. If you want to tip, you tip. Chairperson Tschopp said
that in that case you're paying $5.00 up front and if you don't want to tip, you
don't have to. Commissioner Campbell noted that was in some places, not
everywhere. But this establishment, she starts at 5:30 p.m., 6:00 p.m. or
even later and a lot o;-the businesses over there are already closed. So
there is ample parking on the street for people to park. Chairperson Tschopp
said they were hoping that's not always the case and that other businesses
will stay open later and that perhaps other restaurants open. And if they give
special consideration to one place so they are using public parking
exclusively, the.n they preclude others from perhaps having convenient
parking and that's a problem. .
Commissioner Jonathan thought the discussion back and forth was exactly
the reason they need a parking management plan that provides both vatet
and non-valet parking. There are people who like valet and people who
don't. What we have here is a situation that doesn't offer that choice and our
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ordinance demands that choice and that's where the problem is. They
weren't telling people they shouidn't use valet, but right now the people don't
have a choice. If you go to Roy's, they don't have valet; people have to self
park there. That's up to the restaurant, but if they are going to offer valet,
they can't offer it exclusively. there has to be a choice and that's what our
ordinance demands.
Commissioner Campbell said that was why she suggested last time that they
have the valet take the car in the back. You would pull in there, make a right
and there are parking areas ri ght th e r e an d a lso t he exit on Prickly Pear.
�k�at would be available parking and that's why she had that suggestion last
time. Mr. Drell said that is the approved permit. It allows them to reserve one
of those spaces in the front for the valet. There weren't that many. Those
spaces would be occupied by 5:30 p.m. and the rest of the night they would
be full. Regardless of how it is managed, a very successful restaurant has
a full parking lot and this site is fortunate in that it has a full block and has a
lot of street parking. He said the valet is also using the Post O�ce parking
lot. For some reason logistically for the valet, and he should talk to the valet
and find out why, but it's easier for them to cross Portola and go back and
forth. Again, if a person is insistent on self parking, more than likely they
would be parking on the street no matter what because that little parking lot
would get full of self parkers very quickly, unless they're there at 7:00 p.m.
He said he was looking for a motion. If the decision is to simply enforce the
existing permit which requires that at least half of the front lot be available for
self parkers, plus all the spaces in front with the exception of one, and then
it's up to the valet to figure out how they were going to use. He didn't think
staff wouldn't object to them using the Po�t Office lot unless the Post Office
does, and there's the remote lot.
Commissioner Jonathan noted that the Zoning Ordinance allows up to half
the lot to be used for valet. Mr. Drell concurred. Commissioner Jonathan said
that he was okay with what Mr. Drell suggested and perhaps add that
alternatively, all of the south lot can be designated for valet leaving the
restaurant lot completely open to self parking. Either way. Mr. Joy pointed
out that valet parking wasn't in the Zoning Ordinance, it's a different part of
the Municipal Code. Mr. DreN agreed. Commissioner Jonathan said he would
be okay with that and he'd be okay with a 30-day extension allowing a study
of noise abatement measures in place.
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Chairperson Tschopp questioned if a motion was necessary. Mr. Drell said
he wanted some consensus in terms of the direction to go. If not, he could
come back and report. He said he could discuss with the City Attorney how
to go about enforcing the ordinance and what actions are appropriate.
Commissioner Jonathan said he would make a motion for Mr. Drell to
suggest that to Ms. Roberge as a resolution to this matter and if it doesn't
happen, then they could have a discussion with the City Attomey. He hoped
there was some way they as a Planning Commission can expect
enforcement of conditions they impose on applicants. He certainly hoped
, they didn't come to that.
A ion:
It was moved by Commissioner Jonathan asking staff to discuss with
Augusta Restaurant compliance with regard to the packing ordinance. The
Municipal Code allows up to 50% use of the lot for valet parking and no
more. As an altemative, the entire lot could be used for self parking while the
southem lot can be used for valet parking. With regard to the noise excess,
which is a violation of a condition� they would allow another 30 days to test
alternatives onsite and come back with recommendations.
Chairperson Tschopp asked if that was his motion. Commissioner Jonathan
said yes. Commissioner Campbell said they really didn't need a motion. Mr.
Drell said he would like a motion. He'd like some specific majority direction
from the Commission. Commissioner Campbell said she would go ahead and
� just enforce the ordinance and then staff could go ahead and decide which
fot ftas to be used and so forth. Mr. Drell thought the way tiie system works
is if there is a documented violation of the ordinance, Code Department
issues an abatement notice. He believed that abatement notice could be
appealed to the City Council. And that was probably what would happen.
Commissioner Jonathan asked if he still wanted a motion from the
Commission so he has a sense of the majority. Mr. Drell said yes.
Commissioner Lopez seconded the motion.
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PALM DESERT PLANNING COMMISSION APRIL 19 2005
Chairperson Tschopp noted there was a motion and a second and asked if
there was any other discussian. There was none and he called for the vote.
Motion carried 5-0.
X• COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell indicated there would be a meeting on April
20.
B. LANDSCAPE COMMITTEE
Commissioner Finerty reported that they talked about the wall on Fred
Waring.
C. PROJECT AREA 4 COMMITTEE
Commissioner Finerty stated that the meeting was informational.
X�• COMMENTS
Mr. Drell noted that due to the delays with the Palm Desert Country Club
project due to the lawsuit filed by the opposing organization, that delayed the
project four or five months past the beginning of the year. Therefore, some
of their financing evaporated. They had now� at least temporarily,
_ constructed financing with the existing owner of the course. Staff kind of
helped that along by filing an abatement notice against the owner of the
course, Mr. Cho, to say either participate in implementing the program/the
project, or resume maintenance of the property.
Commissioner Lopez noted that the golf course was closed. Mr. Drell
concurred. He said they went to court against him and there was a
settlement conference where basically,pending some other investors coming
forward, Mr. Cho agreed to bankroll the improved rehab of the course. They
have R.D. Horton, one of the higher end,_high quality housing developers,
committed to building the housing. So they've submitted grading plans and
they're completing their irrigation plans, so the project is now proceeding.
23
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Action:
It was moved by Commissioner Jonathan, seconded by Commissioner
Finerty, directing staff to prepare a resolution of approval and continuing
Case No. PP 05-08 to August 16, 2005. Motion carried 3-1 (Chairperson
Tschopp voted no).
F. Case No. ZOA 05-01 - CITY OF PALM DESERT, Applicant
Request for recommendation to the City Council of an
amendment to the Municipal Code as it relates to expiration of
application approvals on phased projects.
Mr. Smith reviewed the staff report and recommended that the Planning
Commission recommend approval of ZOA 05-01 to the City Council.
Chairperson Tschopp o ened the public hearing and asked if anyone wished
to speak in FAVOR or OPPOSITION. There was no one and the public
hearing was closed. Chairperson Tschopp asked for Commission comments.
A tion:
It was moved by Commissioner Campbell, seconded by Commissioner
Finerty, approving the findings as presented by staff. Motion carried 4-0.
It was moved by Commissioner Campbell, seconded by Commissioner
Finerty, adopting Planning Commission Resolution No. 2344, recommending
to City Cour:�,il approval of Case No. ZOA 05-01. Motion carried 4-0.
IX. MISCELLANEOUS
�.�.,� A. Oral Status Report on Outdoor Music at Augusta Restaurant
Mr. Smith advised that Code Compliance ran some numbers on Saturday,
June 18. The numbers they recorded before 10:00 p.m. were in compliance
and at 10:00 p.m. the band went inside.
28 PD 0293
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PALM DESERT PLANNING COMMISSION JULY 19. 2005
Chairperson Tschopp asked if they played inside or if they just went inside. �
Mr. Smith said he wasn't there, but gathered they played inside. He noted
that the restauranteur was present. At that point in time they were not in
violation. Chairperson Tschopp said it was his understanding that they were
running tests to see if they could continue music later. He thought the
applicant was asking to play beyond the time frame situate.d, but it was too
loud. So staff was saying that the test was inclusive after 10:00 p.m. Mr.
Smith indicated that the standard changes at 10:00 p.m. When they took the
readings at 9:53 p.m. and 9:38 p.m., they were in compliance. There was
nothing to measure after 10:00 p.m. because the band went inside.
�r�rissiorter Finerty asked if that was somet�iing ffie �and was going to
continue to do after 10:00 p.m. Mr. Smith said he hadn't been involved in the
process, so he gathered in the summer, yes, but the applicant was present.
Commissioner Finerty asked if the decibel reading before 10:00 p.m. was 65
and then was 55 after 10:00 p.m. Mr. Smith said that was correct.
Chairperson Tschopp said it was his understanding that the applicant wanted
to continue the music playing beyond 10:00 p.m. and part of the test would
then be to get a reading and see if there were ways to get a lower reading
to keep them in compliance to be able to keep the music playing later than
10:00 p.m. So what they had right now was inconclusive. Mr. Smith said they
had the actual decibel readings. At 9:38 p.m. they came in at 62.37.
Chairperson Tschopp understood that, but after 10:00 p.m. the code
changes. Mr. Smith concurred that if the band played at the same level, it
would not be in compliance. But there were no measurements taken
because they weren't playing cutside. Commissioner Finerty thought that it
was reasonable to assume that a few minutes before and a few minutes after
10:00 p.m. would be basically the same with the ambient noise and it wasn't
enough to offset the 10 decibels less required after 10:00 p.m.
Chairperson Tschopp asked if Ms. Roberge would like to comment.
MS. DENISE ROBERGE addressed the Commission. She stated that
the band was outside until 11:30 p.m. as it was every Saturday night,
so it did not go inside. She didn't know-where they got that from. And
they did put up all the sound barriers. They invested over $8,000 in
barriers behind the band. And if they went to the back of the
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PALM DESERT PLANNING COMMISSION JULY 19. 2005
, restaurant, they could not hear that. So she d�dn't know what more
she could do for them or what more she needed to say. She didn't
mind them doing their tests, but she did want them to be accurate.
Chairperson Tschopp asked if Mr. Smith had the right date. Mr. Smith read
from the report, "As requested, I took sound measurements in the vicinity of
the Augusta Restaurant Saturday, June 18." Chairperson Tschopp asked
Ms. Roberge if that was the date they were still playing until 11:30 p.m.
Ms. Roberge said that if there was a band earlier, there was a band
until 11:30 p.m. She thought June 18 was their last night.
Chairperson Tschopp asked when the band would start up again.
Ms. Roberge said probably October 1.
Chairperson Tschopp asked if the idea was still to have the band play later
than 10:00 p.m.
. Ms. Roberge said they have always had a permit to play until 11:30
p.m. What she didn't understand is that she came down here tonight
and they've got all the wrong information. How could this happen?
Chairperson Tschopp agreed and saict that's what they were trying to find
out. Mr. Smith said his only conclusion was that the band went on a break
and the Code officer assumed they left. He asked if they go on a break at
10:00 p.m. ,
Ms. Roberge said they do have breaks, but she wasn't sure what time
they went on break.
Commissioner Finerty thought that staff needed to have a chat with the
person who conducted the survey.
Chairperson Tschopp asked for and received confirmation that the band
would resume October 1.
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Commissioner Campbeli thought they shotild just forget about the whole
thing. Ms. Roberge has spent so much money in putting all the barriers in
and it's a commercial area. People who live around there know what's going
on. This has been chaos all these months they have been working on it and
after this report tonight, she could see they weren't going to come to a
conclusion whatsoever with the correct answers they want.
Chairperson Tschopp asked them to correct him if he was wrong, but this
was brought up by a complaint on the noise, so this is a Code violation. Mr.
Smith said that assuming the same noise levels after 10:00 p.m.,there would
. be a�wise violation, yes. Chairperson Tschopp noted�tiaf I�Is. Roberge said
she has approval until 11:30 p.m.
Ms. Roberge confirmed that she does have approval until 11:30 p.m.
Chairperson Tschopp asked for clarification. Mr. Smith explained that the
conditional use permit to have music does not negate the overall city noise
ordinance. Commissioner Campbell commented that Council approved it
until 11:30 p.m. a long time ago. �
Commissioner Finerty said that it seemed to her that if they have a noise
ordinance, they either need to abide by it for everybody or get rid of it. Sh�.
appreciated what the applicant has done with regard to the sound barriers
and it was a lot of money to have spent, unfortunately they didn't know how
big of an impact they would have made. They didn't have a measurement
prior to the sound barriers, so they couldn't see if it was reduced from 70 to
62 and they didn't have the reading after 10:00 p.m. It seemed to h�r that a
better job needed to be done before they could move forward one way or
another. Mr. Smith concurred. If the band was going to take up again in
October, they should start looking at it at that point.
Ms. Roberge asked if this belonged in Planning, or if it belonged in
Code Enforcement.
Mr. Smith said he wasn't sure how it came up here in the first place.
Ms. Roberge said she had the same issue with the parking problem
and when she went to appeal it, was told it shouldn't have been here
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PALM DESERT PLANNING COMMISSION JULY 19. 2005
in the first place. She was getting realljr uncomfortable coming in front
of them and when she didn't like what they did, she was told it
shouldn't be here in the first place which she then couldn't appeal to
City Council. So she wasn't sure what was happening here, but the
run around was going to stop. And they needed to decide whether
she should be in front of them or not.
Commissioner Jonathan thought this matter was brought before them
because of a potential violation of the conditions of approval. And he thought
there had been chaos and he thought it had been because of the violent
, disregard for the rules #hey all live by, so he concurred with staff's
recommendation. He suggested they take a look again when the band
restarts and see what the decibet level was before 10:00 p.m., see what it
was after 10:00 p.m., and go from there.
Ms. Roberge asked Commissioner Jonathan to repeat for her what he
just said about violent disregard.
Commissioner Jonathan said no.
Ms. Roberge asked whoever was taking the minutes to repeat for her
what Commissioner Jonathan just said.
Ms. Monroe explained that the comments weren't being written down
(verbatim).
Ms. Roberge asked if they could please hear it again.
Ms. Monroe indicated that the tape could be reviewed during a brief recess.
Commissioner Jonathan said he'd rather not. He made his recommendation
and his suggestion.
Ms. Roberge said she has a right to hear what was just said because
she didn't have a violent disregard.
Mr. Hargreaves stated that there was no right to listen to the recording during
the meeting. Ms. Roberge was welcome to have a copy of the recording
once the meeting was over.
32 PD 0297
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PALM DESERT PLANNING COMMISSION JULY 19. 2005
, Ms. Roberge thanked him.
Chairperson Tschopp said there were finro issues. They needed to resolve
the issue of having approval untii 11:30 p.m. He was very vague on that and
thought she had a very good point. They needed to get it resolved as quickly
as possible to get that resolved. The other thing was, he thought it was very
unfortunate and he apologized on behalf of the Commission and the City,
that it wasn't properly tested when it should have been. He understood the
problem it created and the delay and apologized for that. He thought if the
code does state 10:00 p.m. and if they do have a problem that there isn't
. , really isn't a window to allow it until 11:30 p.m,, then they need to retest it
and get it done and have it taken care of.
Ms. Roberge said she has done everything she has been requested
to do from the last meeting here with Phil Drell.
Chairperson Tschopp said that they haven't gotten anything new and it was
the City's fault they did not get the information they asked for and for that he
apologized. What he was asking for, for himself, was a written staff report
clarifying the difference between the 10:00 p.m. code and the 11:30 p.m.
approval she has. Mr. Smith said he could clarify that aspect of it now. In the
report it says, "City Municipal Code and the permit for Augusta's require that
sound levels at the property line not exceed 65 decibels until 10:00 p.m. and
not exceed 55 decibels until 11:30 p.m. No outdoor music is allowed after
11:30 p.m." Chairperson Tschopp noted that it still required the decrease in
decibels after 10:00 p.m. Mr. Smith said that was correct. Commissioner
Finerty said that wa� what the City Council approved when they extended
the music until 11:30 p.m. Mr. Smith said that is what he read in the report,
yes.
Commissioner Finerty assumed it was before them because a complaint
came in about the noise and a complaint came in about the valet. Because
they have the conditional use permit, Planning Commission got it dumped at
their door. But the bottom line is if the City Council was going to allow this to
continue if the decibel reading is over 55 from 10:00 p.m. until 11:30 p.m.
And if that was ultimately the Planning Commission's decision. Probably not.
It would probably end up at Council's door. They could do their due diligence
and get their report, but that's where it was headed.
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Ms. Roberge said she didn't mind going to CouRcil. But when she
comes here and is told that it shouldn't have been here in the first
place, and because they voted on it and it shouldn't have been here,
she couldn't then appeal to City Council.
Mr. Hargreaves explained that the reason the appeal was not allowed at that
time is because the Planning Commission didn't take any action other than
to request that Code Enforcement look into it. There wasn't any action by the
Planning Commission that could be appealed to the Council. What could
happen in this case, if it comes back before the Planning Commission based
on evidence that there is repeated-eode viofations, it could come back to the
Planning Commission basically on a hearing ta. revoke the conditional use
permit. That would be the logical next step. And if the Planning Commission
took action to revoke the conditional use permit, that could be appealed to
the City Council. Another avenue she could take if she didn't like the noise
standards is to approach the City Council and ask that they revisit the noise
standards and maybe change the ordinance levels and that was another
possibility.
Ms. Roberge understood what he was sayin a reed with him. This
9 9
was her third or fourth time coming down here and she didn't mind
talking to and listening to what he had to say, but she wasn't
interested in listening to Sabby Jonathan abuse her while she's here,
either, and getting nowhere, where she couldn't appeal it because it
was going back to Code Enforcement and then she had to come back
here. She needed for them to give her directions of what she needed
to do to clear up these issues b�cause at this point it is harassment.
Commissioner Jonathan thought it was time to move this forward.
Commissioner Finerty asked staff to have a chat with the gentleman wfio
conducted the sound study and try to make sense of that and have that
report back to them at their August 16 meeting and fro,m there, probably
move forward with resuming the sound study, check the decibel ratings
sometime in October between 10:00 p.m. and 11:30 p.m. and see where
they're at. And if the Planning Commission decides to take an action, as the
City Attorney said, Ms. Roberge would have something to appeal to Council.
Commissioner Jonathan concurred.
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Ms. Roberge said she wouldn't be here in August. it was just another
way to make her come back here and deal with this, and then they
were in her season.
Commissioner Finerty said they needed to determine if it falls under the
conditional use permit, and the ordinance clearly states that it's 55 decibels
after 10:00 p.m., and if that is being exceeded.
Ms. Roberge said they didn't know that.
, Commissioner Finerty explained that was why she was suggesting this.
Ms. Roberge said they should let Code Enforcement prove that to
them and then when they have it, bring her back. But don't make her
come here without all the facts. That's all she was asking.
Commissioner Finerty thought that's what she thought she said.
Ms. Roberge said no, they were going to do something in August and
she isn't in town in August.
Commissioner Finerty didn't think that in August it would require her
attendance.
Ms. Roberge stated that she was not willing to have a discussion go
. on about her restaurant with this Planning Commission without her
-. being present.
Commissioner Finerty suggested that staff have a chat with the sound study
person and when they meet in October, direct staff to have Code
Enforcement go out in October and perform another sound study and at that
time they would review what happened on June 18, the mystery surrounding
it, along with the current data of the noise in October. But they as a Planning
Commission needed to get to the bottom of what did occur on June 18. She
hoped Ms. Roberge understood.
Ms. Roberge said she was telling them that the band was there all
night.
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Commissioner Finerty �rnderstood. �hey hav� another report, the
Commission wasn't there, and they needed to get clarification about what
happened so they have it in a report form in front of them. Additionally, if
there is a violation of the decibel reading, they needed to have that factual.
They needed to have exactly what it was at what time and what date. And
if there isn't, there isn't. But they need their facts first before they can do
anything.
Ms. Roberge agreed. They should have had their facts before they
called her down here tonight. She was sorry, she didn't come here
with the intention of getting "pissed"`at them again, but somehow they
bring it out in her.
Chairperson Tschopp said the Commission was as disappointed as she is
that the study wasn't done properly on June 18. Again, he apologized.
Ms. Roberge accepted his apology.
Chairperson Tschopp said it wasn't making anybody's job any easier and
wasn't moving them fonnrard, so he apologized and said it was unfortunate.
They couldn't go back in time and since the band isn't playing until October
1, there isn't anything they could do in the meantime. So the idea is, come
October 1 they will have a sound test done and then truly work with staff.
And if they have to agendize it, whatever they needed to do to move it
forward for her, he was all in favor of that. And if that was to agendize it so
, that they could move it to the Council, he agreed 100% and that's what he
would like to do and he would direct staff to do that.
Ms. Roberge agreed and thanked him.
Mr. Smith wanted to make sure he was clear. If the survey that would be
done October showed a violation, either before 10:00 p.m. or after 10:00
p.m., he asked if Commission wanted staff to notice that and proceed with
a revocation hearing or if they just wanted staff to come in with the results
first. Commissioner Finerty wanted to see the results first. She wanted to
know the noise levels before the sound barriers went-up and after the sound
barriers went up.
36 PD 0301
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PALM DESERT PLANNING COMMISSION JULY 19 2005
Ms. Roberge said they had that i�formation the Fast time she was
here. There was a chart and everything.
Mr. Smith said that if there were previous studies, they would get them.
Commissioner Finerty said she would like to see the difference the sound
barriers made.
Chairperson Tschopp said that in October they should have the new
readings, the old readings, they would have it as a discussion item that night
to discuss it and then look at what the solution or alternatives would be.
Ms. Roberge asked if it was possible to have a decision at that time
because she needed to get out of this Planning Commission. So if
they didn't like what she was doing, they could vote it down and she
could go to Council.
Chairperson Tschopp indicated that was what Mr. Smith was saying. But he
didn't think anyone was really comfortable pursuing it until they've looked at
all the facts.
Ms. Roberge asked them to look where they were leaving her. She
has been dealing with this.
Chairperson Tschopp agreed and he was trying to move it along.
Commissioner Jonathan had a suggestion. He didn't think they needed to
have the tail wagging the dog. He thought they had made their decision and
it accomr�odated all parties and he thought they needed to move forward.
Ms. Roberge asked what their decision was; to wait until October'?
She agreed with that.
Commissioner Finerty said they should have it as a discussion item because
based on what they find is what would give them direction as to how to
proceed.They couldn't proceed blindly. Commissioner Jonathan agreed they
should have the test and then talk about it.
Chairperson Tschopp said they would have a discussion item the first
meeting possible after the readings are in and staff can prepare an adequate
37
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PALM DESERT PLANNING COMMISSION JULY 19 2005
report. At that meeting they would decide what to do and hopefully move
very aggressively at the next meeting, if necessary. Commissioner Finerty
thought it might be the second meeting in October. Commission concurred.
Action:
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell indicated the next meeting would be July 20,
2005.
� B. LANDSCAPE COMMITTEE
Commissioner Finerty reported that the meeting was canceled.
C. PROJECT AREA 4 COMMITTEE
Commissioner Finerty reported that the meeting was canceled.
XI. COMMENTS
Mr. Smith informed Commission that the August 2, 2005 meeting would be
canceled due to a lack of agenda items. .
XII. ADJOURNMENT
It was moved by Commissioner Jonathan, seconded by Chairperson Tschopp,
adjourning the meeting by minute motion. Motion carried 4-0. The meeting was
. adjourned at 8:22 p.m.
STEPHEN R. SMITH, Acting Secretary
ATTEST:
-__ _ _ _ _ __ .
DAVID E. TSCHOPP, Chairperson
Palm Desert Planning Commission
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PALM DESERT PLANNING COMMISSION
JUNE 7, 2005
A ti n:
Commissioner Jonathan said he wvuld make a motion for approval to
include modification to the Department of Community Development
Condition 9 to enable the applicant to obtain design approval through
Community Development rather than going back through the full process
through ARC; Public Works Condition No. 16 to enable the applicant to
obtain a grading permit at an earlier trigger point to the satisfaction of the
Planning Department; and Public Works Condition No. 25 to clarify that
the applicant is �responsible only for those costs not covered by the funds
that exist in the assessment district.
I�AF. Drell asked if he wanted to add a condition relative to their
participation and maintenance of the retention basin. Commissioner
Jonathan said yes. Commissioner Lopez seconded the motion.
Chairperson Tschopp called for the vote. Motion carried 3-2 (Commissioners
Campbell and Finerty voted no).
It was moved by Commissioner Jonathan, seconded by Commissioner
Lopez, adopting Planning Commission Resolution No. 2336, recommending
to City Council approval of Case Nos. C/Z 04-06, PP 04-32 and TT 33120,
subject to conditions as amended. Motion carried 3-2 (Commissioners
Campbell and Finerty voted no).
Mr. Drell noted that this was a recommendation to the City Council and there
would be a hearing scheduled before City Council.
�X• MISCELLANEOUS
...�., A. Status Report on Valet Parking and Outdoor Music at Augusta
Restaurant.
Mr. Drell said there was further correspondence between Public Works and
the operator of the valet about the permit. As a result of that, the valet
withdrew from the restaurant, so for the last few weeks there hadn't been
valet services. The owner of the restaurant believed it was now complete
chaos and people were choosing now to park on the street rather than to
brave the chaos of the parking lot. He informed the owner that what she
needed to do was make application for a revised permit. If that revised permit
� 25
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PALM DESERT PLANNING COMMISSION .
JUNE 7, 2005
was denied, then she would have an appealable action to the Council and
then the whole issue of the valet ordinar�ce woufd get thrown up to the
Council. For better or worse, that's the process. She applies for permission,
gets denied, and then goes on. He noted that the last action the Commission
took was not an action, it was just direction to enforce the permit. She tried
to appeal that, but he explained she couldn't appeal that since no one had
taken an action against it. She had to ask for a modification.
. He said there was mis communication on the music. Apparently the band
has been using an acoustical blanket around its back. She never told him
that it was installed, so they would try to get Code out there this weekend to
do some measurements and see how effective it's been. That was the
status. If it tumed out that it is still in excess� then staff would be coming back
to the Commission with that report and request initiation of the amendment
. of the CUP process, which would be a hearing dealing with the specific
condition for outdoor music.
ion:
None.
B. Case No. TT 30438 Amendment#2 -Destination Development
Follow-up review of Planning Commission Resolution No. 2327
Condition No.2 on the design of the Stone Eagle maintenance facility.
Commissioner Jonathan informed Commission that he would be abstaining
frorn discussion and voting on this matter and left the room.
Mr. Drell said the matter was really informational.
ion:
It was moved by Commissioner Finerty, seconded by Commissioner
Campbell, receiving and filing the staff report by minute motion. Motion
carried 4-0-0-1 (Commissioner Jonathan abstained).
Commissioner Jonathan returned to the meeting,
PD 0305
26
� „s -� ��
�
_ � CI � YOf � L �IDESER �
_ 73-510 FRED. WARING DR[VE
-_ '�� PALM DESERT, CALIFORNU 922G0-2578
TEL: 760 346—o6i i
Fex: 760 34t-7o98
i n fo A pa I m-dese ct.ors
April 13, 2004
Ms. Denise Roberge
73-gg5 EI Paseo 04=14-04A1 1 � 06 Rcvo
Palm Desert, CA 92260
Dear Ms. Roberge:
� Re: Augusta Restaurant Conditionai Use Permit
� O�er fhe fast several months the City has received several noise complaints from
surrounding residential properties concerning the outdoor music at Augusta's
Restaurant. As you are aware, Augusta Restaurant received approval of a Conditional
Use Permit (CUP 96-15) to allow outdoor music in the restauranYs patio pursuant to the
attached conditions of approval. The conditions allow the outdoor music to continue
until 11:30 p.m. provided that the noise levels comply with the City Noise Ordinance
(Chapter 9.24 see attached). Specifically, the City's Noise Ordinance requires that
noise levels decrease to 55 decibels after 10:00 p.m.
We are requesting your cooperation and compliance with these conditions of approval.
Please be aware that adherence to the City's Noise Ordinance and the conditions of
approval are critical to the continued use of outdoor music at the restaurant's patio. Our
Code Compfiance Department will continue to monitor the noise levels and time limits to
ensure compliance.
We hope you can continue to provide this amenity for your patrons, while adhering to
�f�e City's N�ise Ordinance. Thank you for your cooperation and assistance with this
matter. If you have any questions, please feel free to contact me at 346-0611, or Martin
Alvarez, Senior Managemen nalyst at Ext. 448.
Sincer , �
omer Croy
ACM for Development Services
ma �
cc: Carlos L. Ortega, City Manager
Ali Hamidzadeh, Director of Building and Safety
,Phil Drell, Director of Community Development
�/Hart Ponder, Code Compliance Manager PD 0306
Encl
I�T� itM'fOryrt(1iliC���1�
. 'f � �. �
i�
RESOLUTION N0. 01-8
A RESOLUTION OF THE ClTY 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.
ASE N0. 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.
PD 0307
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RESOLUTION NO. 01-8
�"-��-�� CQNDITIONS OFAPPROVAL
CASE N0. CUP 96-15 Amendment #2
Department of Communitv Develonment:
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 ir� foree.
3. The outdoor music shall be limited to 11:30 p.m. and shall comply with the noise
sound �evel 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.
PD 0308
3
. � � �A,
• 9.24.010
.'•
IV. OFFENSES AGAINST PUBLIC PEACE D. Every peison is entidod to an environment in which
� t6e noise is not detrimental to his life,health or enjoyment
Chapter 9.?A of pmpecty; and
8 The necessity,in the public interest,for the provi-
NOISE CONTROL sions and prohibitions hereinaftec contained and enacted
is de�lared to be a matter of council determination and
Sectioos: public poticy,and it is furthu dcclarcd that the provisions
9.24.010 Purpasa and prohibi6ons hereinafter contained and enacted are in
9.?A.020 Definitlons. pursuancx of and for the pu�pose of securing and promoting
9.Z4.030 Sound level lfimits. the public health.comfoct,convenience.safety�welfue,
9.?A.040 Genersl pro6ibidoos. prosperiry�peace and quiet of the city of Palm Desert and
l.Z4.050 Disturbing, eaccessive,ot'[ensive its citiunry. (Ord. 420 (part), 1985)
ao�ses—Declaration of certain
acts constituting. 9.?d.020 Definldons. �
9.?�t.060 SpecTisl provisions--Exemptioas. "A-weighted sound level" means the sound pressure
91A.065 Parking lot sweepers. levei in decibels as measured on a sound level meter using
9.1A.070 Coa4trucdon houts. the A-weigt�ting netwock.'The level W cead is designat�d
9.?A.075 Portable powered blowecs. db (A) or dBA
l:�880 ICetiise and waste collect�on "Ambient noise level"means die aIl encompassing noise
hours. kvel associated with a given eavironmcn�being a compos-
9.TA.090 3c600ls, hospitals and ite of sounds from all sources,eaccluding the alleged offen-
churches--�Special pcovtsions. aive noise,at the location and approumate time at which
9.24.100 Air conditiooing, retk�igecation a canparison with the allegcd offensive noise is oo be made.
and pool equtpmen� "Average sound level"means a sound level typical of
9.24.110 Noise level messurement the sound levels at a certain place during a given period
9.?A.120 Interfereace with authorized of time;also,means an oquivalent continuous sound level.
persoone! i� pcohibited. "Construcdon cquipment"means any tools.machinery
9.?A.130 Appeals. or equipment used in connecdon with construcdon opeca-
9.24.140 Preexisting aoise source�Time tions,including all types of"spocial coostruction"aquipment
e�teosion• aa definod in the patinent sections of the California Vehicle
9.24.150 VtolaHon—Intractions. Code wh�n used in the construction process on any con-
9.1A.160 Cootinuing or subsequent strucdon site�home improvement site or propaty mainte-
vlolatloos—Misdemeanor. nance site, regardless of whether such site be located
9.24.170 Sevecab�7ity. oa-highway or off-highway.
"Cumuladve period"means an additive period of time
9.1A.010 purpase. composed of individual dme segments which may be
The ci.ry aouncil ftnds and dectares that: candnuous or intenupted.
A. Inadequately controlled noise presents a growing "Decibel'•means a unit measure of sound level noise.
danger to the health and welfaze of the residents of thc "Disturbing,excessive or offensive noise"means any
city of Palm Desert; sound or noise from any source in excess of the sound
B. The making and creating of disturbing,excessive level or noise level set forth in Section 9.24.030.
or offensive noises within the jurisdicdonal limits of the "Emergency machinery;'"vehicle"or"work"means
city of Palm Desert is a condidon which has persisted,and. any machinery, vehicie or work used� employed or per-
the level and frequency of occurrences of such noises formed in aa effort to protect, prnvide or reswre safe
continue w increase; conditions in the community or for the cidzenry.or work
C. The making�eneation or continuance of such exces- by private or public utilities when restoring utility service.
sive noises,which aze prolonged or unusual in their dme, "F'ixed noise source"means a sta6onary device which
place and use, affect and are a detriment to the public creates sounds which aze fued or motionless including
health�comfo�t,convenience,safety.welfare and prosperiry but not limited to industrial and commercial machinery ---- --
of tfie`esiaents-of fhe city of Palm Desert; � and eqiiipment,pumps,fans,comprossors,generators,air
conditioners and �efrigoration equipment
c�a,�&�) 172
PD 0309
- K �,� �. 9.2A.020
�
'Zmpact aoise"a�eaoss the noise p�oducxd by the oollision measured whea the alleged aoise viola6on source is aot
of oae ma4s in motioa with a second mass which may be operadog.
either in motion or rest C. Tt�e sound level limit betweea two zoniag districts
"Mobile aoise source"mesns any noise soucce other shall be measured at the higher allowable districL (Ord.
than�fiaed noise souree. 691 �2, 1992:Ord.647 g 1, 1991:Ord.420(part). 1985)
'Tioise level" means the same as "sound level."'the
t�a�ms may be nsed iaterchangeably ha�eeia. 91A.040 Genera!prohiblt�ons.
"�"�a P��•���,�p�aship, A In the absence of an objective measurement, by
joint venture,corporadon or any entity�public oc private the use of a sound level meter.additionally,it is unlawful
���• for aay person to make,condnue or cause to be made or
'Ta�table powued blowa" means any mechanically eontinued, within the city. any disturbing, excessive or
powered device,regardless of the source of power,which offensive noise which causes discomfort or annoyance to
is not stadonary. and uscd for the purpose of blowing t+easonable pusons of normal sensitivity residing in the
leaves.diR or other debris off sidewalks� lawns or other area. .
a��• B. ?he characteristics and conditions which should
"Simple tone noise" means a noise charactecized by be considered ia determining whether a violation of the
a pedominant frequency ar frequencies so that other provisions of this soction eustc,i�lude,but are not limited
frequencies cannot be readily distinguished, w, the following:
"Swnd tevei"fnoise levd)ia decibels is the quandty 1. The level of noise;
measured using the frcquency weighting of A of a sound 2, Whether the nature of the noise is used or unused;
level meter as defined herein. 3. Whether the origin of the aoise is natural a unnatu-
"Sound level mete�' means an instrument meeting nl;
Miaican National Standard Lurtiwte's Standatd SL 4-1974 . 4. The level of the backgcound noise;
far type 1 or type 2 sonnd level meters or an instnunent S. T6e proximity of the noise to sleeping facilities;
a�d dx associated rarocding and analyzing equipment which 6. The nature and zoning of the areas within wtuch
� wiQ pcvvide equivalent data. (Ord. 842 � 1� 1997; Ord, the noise emanates;
691 � 1, 1992; Ocd. 420(pact), 1985) 7. The density of the inhabitation of the area within
which the noise emanates:
9.24.030 3ound level lim[ts. 8. The time of day or night the noise occurs;
A. 'Ibe following one-hour avaage sound level limits, 9. The duraGon of the noise; �
unless otherwise spxifically iadicated, shall apply as 10. Whether the noise is recurrent, intermittent or
indicated in the following table: constant; and
Appticabk Limit 11. Whether the noise is produced by a commercial
Oa.�Hour A�cn�e or noncommercial acdvity.(Ord.691 �3. 1992:Ord.420
��und Le.e1 (part), 1985)
Zone ?Ime Daibels
Ra�denda�—Au zones T a.m.w 10 p.m, ss 9Z4.050 Disturbing,excessive, offens��e
10 p.m.to 7 am 43 aolses—DeclaraHon o[certain acts
COOS�hltjDg.
Com�rc��l zone �a.m.w lo p.m. 6s The following activides,annoying others.are declared
lo p.m.w�am. ss W cause disturbing.excessive or offensive noises in viola-
don of this section but such enumeration shall not be
Maoufacturing 7 un.to lo p.m. 70 deemed to be exclusive, namely:
�"�'� A. Horns. Signaling Devices, Muffler Systems. etc.
Unnecessary use a operadon of horns,signaling devices,
��ricu�cural za�e 10 p.in w 7 am. ss uncontrollod mufRa noises on vehicles of all types,includ-
ing motorcycles, and other equipmen�
B. If the measuted ambient noise level exceeds the B. Radios,Television Sets,Phonogaphs,Loudspeaking
_. _ _..apPlicable lunit as aoted in the table.in subsection(�►).� . .. �ng(ifiecs aad.�imila�D��d�es._____ _ .._ _._...._
this sxdon, the allowable average sound level shall be 1. Uses restricted: the use, operation, or permitting
the ambient noise level.The ambicnt noise level shall be to be played, used or operated, any sound production or
i+eproduction device,radio receiving set,musical instrvment,
173 cP,�,n�,�a-y��
PD 0310
. .. , � ��:" � 9.24.075
�
Snnday: Nine a.m. w twelve p.m.
, Government code hoGday: Not allowed '
B. No pason shall wilfully make a c�ndnuer or wilful-
ly cwse oo be made or continued, any noise from any
portable powered blower at a level which exceeds seventy
decibels dBA measured at the midpoint of a wall area
t�va�ty feet loag and ten feet high and at the horizontal
distance fiRy feet away from the midpoint of the wall,or
not more than seventy-si�c decibels dBA at a horizontal
distance of twenty-four feet using a sound level meter.
C All gasoline powued blowers shall be equipped .
with a pecmanaidy installed limita that cestrictc the individ- �
ual equipment motor performance w half t6rottle speed
a less.
D. No portable powered blower shall be operated in
s manner which will permit dirt.dust,debris�leaves,grass
cUppings,cuttings,or trimmings from trees or shrubs to
be blown or deposited onto neighboring pcvperty or public
rig6t-of-way.All waste shall be nmoved and disposed of
ia a sanitary manner by the user or property occupant '
B. Leaf blowas shall not be operated within a horizon-
tal distance of ten feet of any operable window�door,or
mechanical air intake opening or duct
F. All poctable power blowas opaated by commacial
landscape businesses in the city of Palm Desert must be
ezgisterod and licensed with the ciry of Palm Desert pursuant
! to the most curnent adopted casolution.(Ocd 842�3, 199� .
PD 0311
j74—] (palm Desert 6.97)
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John E. Alle '�a I:.L'�.:t��1�U
SHADOW MOUNTAIN PROPERTIES,LLC �%1T Y ��-�'�S ER�FC A �
PALM �E
21 I8 Wilshire Boulevard, Suite 100
Santa Monica,Califomia 90403 2��g MQY -8 PM 3� 32
Ms.Rachelle Klassen May 6,2008
City Clerk
Palm Desert City Conncil
73-510 Fred Waring Drive
' Paim Desert,California 92260
Re:Legal Notice/Case NOS.CiJP96-15 Amendment#3
Subject properiy located at 73-995 EI Paseo(APN:627-272-OQS�
Dear Rachelle:
I am responding to your notice regazding a public hearing to be held before the Palm Desert
. . City Council to consider an appeal of the Planning Commission decision to amend an
approved Conditional Use Permit to eliminate nightly music entertainment in the outdoor
dining patio area of Augusta's Restauran�
I own severai residential income properties in the vicinity. The excessive noise (music and
voices)continues.I believe the outdoor music is above fhe permitted sound levels.
Worse,the noise continues past 11:30 p.m.,sometimes until 1:00 am.and 1:30 a.m.
I have lost four tenants in a building two and a half blocks away, specifically because of the
noise.Even with windows closed,the loud music and voices into the early morning hours are
wrong,disrespectful and unfair to nearby residents.
The residential market is extremely soft and there are unprecedented levels of vacancy along
Shadow Mountain Drive and Larrea Street. I and other hazdworking building owners are
being unfairly and financially penalized by owners of the Augusta Restaurant who seem to
have cornplete disregard to their neighbors and fellow citizens.
I have called on numerous occasions while the music is being played. The manager and other
who pick up the phone have admitted they cannot even heaz the phone ruiging because of the
high levels of music.
I have also visited the restaurant at various times during the day and tried to maice an
appointment to speak to the owner(s).I have never received a reply.
Two years of the same problem is too long. I oppose(as do my tenants)any music above the
permitted levels past 9:00 p.m.
Sincerely,
John E.Alle 310-990-7124�{cell)
PD 0312
7ohn E.Alle :��I;��4'7�U
SHADQW MOUNTAIN PROPERTIE,S,LLC ��P d LM t?ESER�f C�i �
2118 Wilshire Boulevazd, Suite 100
Santa Monica,Ca.lifomia 90403 2008�AY -8 P�I 3� 32
Ms.Rachelle Klassen May 6,2008
City Clerk
Paim Desert Ci�ty Gouncil
73-510 Fred Waring Drive
' Palm Desert,Califomia 92260
Re:Legal Notice/Case NOS.CUP96-15 Amendment#3
Subject property located at 7?-995 El Paseo(AY'N:627-272-OQ�
Dear Rmchelle:
I am responding to your notice regarding a pnbIic bearing to be held before the Palm Desert
_. City Council to consider an appeal of the Planning Commission decision to amend aci
approved Conditional Use Permit to eliminate ni�htly music entertainment in the outdoor
dining patifl area of Augusta's Restauran�
I own several residentiAl income properties in ths vicinity. The excessive noise (music and
voices)continues.I believc the outdoor music is above lhe pemnitted sound levels.
Worse,the noise continues past I I:30 p.m.,sometimes unii11:00 a.m.and 1:30 a.m.
I have lost four tenants in a buildin�two and a half blocks away,specifically because of thc
noise.Even with windows closed,the loud music and voices into the eazly morning hours are
wrong,disrespectfut and unfair to nearby residents.
The resideirtial mazket is e�etremel.y sof�and there are unprec�den#ed levels of vacancy along
Shadow Mountain Drive and Larnea Street. 1 and other hardworlcing building owners are
being unfairty and finaneially penalized by owners of the Augusta Restaurant who seem to
hAve complete disregard to their neighbors and fellow citizens.
1 have called on numerous accasions while the music is being played. The manager and other
who pick up ihe phone have admitted they cannot even hear the plwne ringing because of the
high levels of music.
I have also visited tbe restaurant at various tirnes during the day and �ied to make an
appointment to spea{c to the owne�(s).T have never received a reply.
Two years of the same problem is too long.I oppose(as do my tenants)any music above the
pecmitCed Ievels past 9:00 p.m.
Sincet+ely,
John E.Atle 310-990-7124(ce11)
pp 0313
. . �:� c'�'.
Stendell, Ryan
From: Brian Hamik[bhamikl�dc.rr.c�nj
SeM; Tuesday,January 15, 2008 7:21 AM
To: Stendelt, Ryan
Cc: Aytaian, L.au�
Subject: Planning Commission mtg/Augusta item
Dear Ryan:
I would be grateful if you would provide a copy of this email to the Plenning Commission for its consideration of the
Augusta Restaurant item (CUP96-12).
Dear Commissionets:
My wife Jan and I live in Palm Desert with our four daughters at 73-901 Shadow Lake Drive. (Our backyard abuts
the Shadow Mountain resort tennis courts). I have lived in Palm Desert for more than t5 years,and have lived in the
Coacheila Valiey far 20 years. Had it not been for a pre-existing schedute conf{ict,we would attend the January 15,2008
meeting ta voice our positio�in person.
We love Palm Desert,and have great respect for our local leadership that has balanced residential quality and
commerciai development,with sensftivity to the environment. We especialiy love living in South Palm Desert,as it is
quiet,yet relativety close to E!Paseo and the 111 commercial corridor.
We support businesses and restaurants,including Augusta However,we are very concerned and upsei about the
chronic violafions ot the Ciry imposed cond'rtions of approvai for the outdoor music,and the repeated sound excesses.
For whatever physical reasons,the music from Augusta travels such that it sounds as if there are frequent wfld parties
immediately next door. When our girls were younger,we had to keep the windows closed at night,as the noise would
frighten them. PeriodicaQy,we would complain to the sherifYs department,who seemed powerless to stop the problem.
The only way to stop the problem is for the City to enforce its existing condttions and ordinances.
We have no issue with music before 10 pm on weekends. However, it is the sounds after 10 pm that are
unacceptable. Moreover,this is not a recent issue. This has been ongoing for years. It is disturbing. As I unde�stand the
history,the issue of potential noise disturbance was on the city�s"rada�'when it first allowed Augusta to have outdoor
music. Such concems were and are justified.The issue should not be the financial viability of a business that violates
conditions and/or sound ordinances. The issue is whether the Clty should allow repeated and ongoing violations of
reasonable conditions.
This is not just about one business. This is about poiicy and striking that careful balance. If the Augusta sound
violations are not addressed,tfien why shouldn't other restaurants in the City be permitted to violate conditions a
ordinances?
We u�derstand that staff,the Council and the Planning Commission have spent substantial time and effort to stop
the noise violations. The City should be applauded for being suppartive of local businesses. However,there comes a
point in time when boundaries must be strictly enforced. Whether Augusta has attempted to fix the problem is irrelevant.
Please do not confuse effort with results. We are entitled to the reasonable tranquility of our neighborhood.
Thank you for your consideration.
Jan and Brian Hamik
73-901 Shadow Lake Drive
Palm Deseri, CA 92260
(760)861-7542
PD 0314
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March 21 , 2005
Palm Desert City Council RE C E IVE�
Palm Desert Planning Commission
Mr. Philip Drell ;,.;;�t � , �
et. al
•:OMldUhITY��V�i.:�PtiE:�T I��PARTMEt�T
CiTY OY PA(.�f JES6RT
Dear Sirs;
There has been an ongoin? problem with AGrJASTA RFSTArtR.ANT
regarding excessive noise after 10 p.m. far over 3 years. Many
neighbors have called the Sherriff's Dept. especially rn Sat.
night during this period. The owners have received written notices
but nothing seems to resolve the problem.
I wish to be notified of ANY public meetings where this topic
is on the agenda.
Thank you for your con�i<Zeration
;%j . QJzt Q.w �.--'�` ��
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Marian Royston
74000 Shadow Mountain A�9
Palm Desert
3�t6-2999
PD 0315
_,- :RE C E I.-�E 1� � , r y
_ , _ _ . _....._ ___ � � .. ..___......_..
____._....__ � ---_------ . - ----__.._... __�._--�
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JAN 2 0 2aQ4 p�,a,�,Q� c,�✓/h�c�r�
r:O�tML�NITY DEVELOPMBNT DEPART#i6NT �v�
The noise fr��'i°�l�'9�i'�'sic played at "Augus ' Res aurant, 73-951 El
Paseo, Palm Desert, has been an increasing NOISE problem on Saturday
nights. One block South of this restaurant, are residential properties that
have been increasingly harassed by this noi$e. The Candlewood
Apartments is a 30 unit Senior complex 1 block Southeast. Many
residences are in their 80's and se�eral are ill. The excessive naise is
extremely disturbing to these tenants. As Manager, I receive numerous
complaints EVERY Satwday nigh� The signatwes below are just a
sampling of people who have been disturbed by the noise from this
� `music'. I would appreciate a scheduled review of ihe conditional use
permit issued to"Augusta" and please nutify me of the date of this review.
�� � ��, l� -�s�
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PD 0316
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December 5, 20�0
TO: City of PQim Desert - - Plann+ng Commission
RE: Request by Denise Roberge - Case No. C.U.P. 96-15
We, the undersign, residen#s at 74- 000 Shadow Mountnin Drive,
PQim Desert, CA owned by Richard R. 0liphnn# & Associntes - -
Hnve given our consent and permiss+on for Pntricin A. Webb,
Administrafiive Assistant to Mr. Oliphnnt, to spenk on our behalf
at the Commission meeting, Tuesday, �ecember 5, 2000.
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(� � ` r PALM DESERT-DRS �-_STATE HWY 1��7 r PALM,DE6ERLDRS_ ; ' 1 ' � �
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PD 0009
f Augusta's Activity Report
April 27, 1998:
Code Officer Daisy Garcia received a complaint from Marcie Hughes, a resident of
73880 Shadow Mountain Drive about loud music being played after midnight at
Augusta's. Matter was referred to Community Development Director Phil Drell for
follow-up and action. Phil Drell had granted permission to Denise Roberge to host live
music for one week.
April 28, 1998:
Code Officer Daisy Garcia received a complaint from Victoria Font of 73880 Shadow
Mountain Drive about loud music being played at Augusta's past midnight. The Director
of Community Development Phil Drell responded to the complainant.
� May 14, 1998:
Code Officer Daisy Garcia responded to a complaint of loud music being played at
Augusta's until 2:00 am. The Director of Community Development, Phil Drell called
� Denise Roberge to advise her she was not permitted or granted any permission to host
live music.
January 6, 2004:
Code Officer Pedro Rodriguez responded to a complaint regarding loud music being
played at Augusta's. Officer Rodriguez made contact with the restaurant Manager. He
was advised a noise complaint had been filed against the restaurants. Officer
Rodriguez discussed the conditions of approval with him. The Manager stated, "... he
was in compliance with the terms, and has been trying to have more control over the
noise..." A follow-up call to the complainant was made advising her of the contact
made. She stated she wanted to mail a letter to Phil Drell asking that permit be opened
up for review under the guidelines of the Planning Commission.
January 31, 2004:
Code Officer Johnny TerFehr took sound measurements after 10:OOPM from three
locations around the vicinity of Augusta's. Average A-weighted measurements were:
51 .04, 62.17 and 53,61 .
1
PD 0010
�" March 12, 2004:
Code Officer Jason Finley received a complaint from "Elizabeth" who was the Manager
of the Shadow Mountain Resort and Hotel about loud music coming from Augusta's.
The complainant stated the music could be heard from time to time at 10:30 at night.
She was directed to call the Sheriff's Department when the music was disturbing.
April 13, 2004:
Assistant City Manager for Development Services Homer Croy mailed a letter to Denise
Roberge advising her that The City of Palm Desert has received several noise
complaints over the last few months regarding Augusta's. In the letter, ACM Croy
asked for her voluntary compliance with the city's noise ordinance as well as the
conditions of approval contained in CUP-96-15.
November 1, 2004:
Code Officer Jason Finley received a complaint from Mr. & Mrs. Corcoran about loud
music being played at Augusta's at night. They were advised Code would look into the
matter.
November 17, 2004:
�
Code Officer Jason Finley met with the Special Events Manager of Augusta's "Ross"
and advised him to follow the conditions of approval for outdoor amplified music. Ross
said he would meter sound levels over the weekend to insure compliance. The
Corcoran's were advised of this action.
December 6, 2004:
Code Compliance Manger Hart Ponder received an emailed notification from Lt.
Barfknecht of the Riverside County Sheriff's Department they had received two
complaints over the past weekend about loud music coming from Augusta's. Lt
Barfknect asked for assistance from Code in this matter.
December 8, 2004:
Code Officer Jason Finley received a formal, written complaint from Beverly Buries of
73961 Shadow Lake Drive regarding the constant, loud music every weekend at
Augusta's. She indicated her letter shall serve as an, "...official complaint against the
Augusta Restaurant and their persistence in disrupting the peace of the surrounding
community."
2 PD 0011
� December 11, 2004:
Code Officer Johnny TerFehr took two sound measurements in the vicinity of Augusta's
after 10:OOPM. The average level recorded was 61 decibels. The second average level
recorded was 59 decibels. The report was filed with Code Compliance Manager Hart
Ponder.
January 11, 2005:
Code Officer Johnny Terfehr mailed a letter to Denis Roberge stating that sound
measurements taken on the night of December 11, 2004 indicated Augusta's was in
violation of the terms of the C.U.P. A copy of the sound report was included. Ms.
Roberge was admonished that revocation of the C.U.P could occur for additional
violations.
February 23, 2005:
Code Officer Johnny Terfehr mailed a certified letter to Denise Roberge stating the City
has continued to receive complaints since the January 11, 2005 letter regarding loud
music at Augusta's. The letter included a demand that sound levels be reduced to
conditioned levels and that representatives from Augusta's meet with the Director of
� Community Development to discuss the problem. The City again advised that
revocation proceedings could occur if Augusta's failed to reduce noise levels.
March 11, 2005:
Code Officer Johnny Terfehr took two sound measurements in the vicinity of Augusta's
after 10:OOPM. The average decibel levels recorded were 62.27 and 57.83
March 17, 2008:
Riverside County Sheriff's Department cited Denis Roberge for violation of P.D.M.O.
9.24.040 and 9.24.050. (Noise). Deputy Michael Tapp, #T05076118.
March 18, 2005:
Code officer Johnny TerFehr received a complaint from Marion Royston of 74000
Shadow Mountain regarding loud music coming from Augusta's on the night of March
17, 2005.
3
PD 0012
May 6, 2005:
Code Officer Pedro Rodriguez received a complaint from Carol Corcoran about loud
music coming from Augusta's every Friday and Saturday night. Per ACM instruction,
this matter was referred to Homer Croy for action and follow-up.
June 18, 2005:
Code Officer Johnny Terfehr took two sound measurement readings prior to 10:OOPM in
the vicinity of Augusta's. The average levels recorded were 62.37 and 63.34
October 1, 2005:
At the instruction of the Community Development Director Phil Drell, Code Officer
Shawn Kilpatrick took two sound measurements at Augusta's. The 9:30PM reading
produced an average decibel level of 50.33. The 10:45PM reading produced an
average decibel level of 62.55. The sound report was submitted to Mr. Drell as
requested.
January 11, 2006:
Code Officer Shawn Kilpatrick began receiving numerous citizen complaints about the
loud music coming from Augusta's. The list included; Joe Drury, Jane Barnet, Marian
Royston and John Morris. The matter was discussed with Code Compliance Manager
Hart Ponder and Director of Community Development, Phil Drell. Direction was given to
issue Denise Roberge a Notice of Violation. Code Officer Shawn Kilpatrick personally
issued a Notice of Violation to Denise Roberge for violating 9.24.030 "Sound Level
Limits". Ms. Roberge was advised to immediately bring sound levels down or future
violations could result in citation or revocation of her ability to provide outdoor amplified
music.
January 25, 2006:
Code Staff received another complaint about loud music at Augusta's. Complainant is
not identified in Officer's notes.
February 15, 2006:
John Morris, the Manager of Shadow Mountain Resort and Hotel came in to personally
complain about the loud music coming from Augusta's. Community Development
Director Phil Drell was made aware of Mr. Morris's concerns. Mr Drell advised Code
Staff to issue Denise Roberge a citation for future violations but to clear it with ACM
Homer Croy first.
I �
4
P� 0013
�
February 17, 2006:
Code Officer Shawn Kilpatrick perFormed reasonable person observations of the music
levels. Levels were extremely loud and audible at the corner of San Luis Rey and
Shadow Mountain. Code Staff made the recommendation to the Director of Community
Development, Phil Drell that as a result of continuous noise, C.U.P revocation
proceedings should begin. This was relayed to City Manager Carlos Ortega. The City
Manager asked Code Staff to take no further action until we receive direction from him.
March 17, 2006:
Code staff continues to receive noise complaints from residents in the area around
Augusta's. Callers are advised the matter is being addressed in the City Manager's
office.
March 31, 2006:
Code Officer Shawn Kilpatrick took a 3 minute sound measurement, while the band was
playing on Larrea Avenue next to Augusta's after 10:OOPM. The average recorded level
was 61.9 decibels.
April 1, 2006:
Code Officer Shawn Kilpatrick took a 3 minute sound measurement, while the band was
playing on Larrea Avenue next to Augusta's after 10:OOPM. The average recorded level
was 64.09 decibels.
April 7, 2006:
Code Officer Johnny TerFehr took two sound measurements on Larrea, near Augusta's.
The 9:00-10:OOPM one-hour average recorded level was 56.95 ciecibels. The 10:00-
11:OOPM one-hour average recorded level was 58.63 decibels.
April 11, 2006:
Phil Drell, Carlos Ortega, Amir Hamidzadeh and the City Attorney agreed that Code
Staff should issue Ms. Denise Roberge a misdemeanor citation, (2) counts, one for
noise violations and the other for zoning violations. Citation# 6875 was supposed to be
issued through a process server. Ms. Roberge was scheduled to appear in court to
answer to charges on May 11, 2006.
5
PD 0014
!� November 16, 2006:
After numerous continuances requested by the City Attorney, and no appearances by
Ms. Roberge at any of the court proceedings, Judge Olson dismissed the case. The
City Attorney Carlos Campos advised the court the City is attempting to work with the
defendant and no longer desires to pursue the matter.
April 24, 2007:
Code Officer Shawn Kilpatrick began to receive numerous complaints about Augusta's
loud.music. In addition to all the prior complainants, there were many new ones. They
included: Sarah Lambert, Francis Paganini, Connie Sparling, Lois Thompson, Craig
Costas, Tina Marie Rose, Charlene Gardner, Tommy Smith, Evie & Bob Wulf, Shirley
Frazer and Delores Cardona. As a result of these new complaints, Code Officers Pedro
Rodriguez and Shawn Kilpa�rick met with the City Manager to receive direction. The
City Manager authorized our actions to include issuing Ms. Roberge a citation if she
violates again and begin revocation proceedings of her CUP.
Code Officer Shawn Kilpatrick personally served Denise Roberge with a demand letter
stating she must immediately comply with all the terms of her CUP and Penal Code
section 415. She may no longer disturb the "...peace and tranquility of the surrounding
� neighborhood..." A failure to do so will result in the revocation of your CUP and the
issuance of a citation. She replied she knows she's in violation and has no intention of
turning the music down until after the summer. She stated we either need to shut her
down or leave her alone. She said wanted an answer by the upcoming Friday on what
the City intends to do. Officer Kilpatrick replied the actions were spelled out in the letter
just delivered to her.
April 27, 2007:
Code Officer Pedro Rodriguez was assigned to monitor Augusta's for compliance with
the demand letter dated April 24, 2007. At approximately 9:30PM Rodriguez began
receiving telephone complaints forwarded to his cell phone regarding loud music
coming form Augusta's. Between 10:30PM and 10:50PM he received five complaints.
Rodriguez then drove to various locations around the vicinity of Augusta's to verify that
he too could hear the music. Officer Rodriguez issued Denise Roberge citation#7335
for 9.24.050 (b) (2).
6 PD 0015
April 28, 2007:
Code Officer Kilpatrick was assigned to monitor Augusta's for compliance with the
demand letter dated April 24, 2007. At 10:12PM Kilpatrick began to receive complaints
forwarded to his cell phone sporadically until 11:30PM. Kilpatrick called RSO for
assistance in issuing Ms. Roberge another citation for a 9.24.050 violation. Deputies
Ramirez and brown showed up to assist. Ms. Roberge was uncooperative and
combative. She declared she was not signing another ticket and that we needed to
arrest her. The citation was marked as "Refused" on the signature line and forwarded
to the City Attorneys office for filing.
May 1, 2007:
The City Manager Carlos Ortega advised Code Staff to not attempt to issue any more
citations to Denise Roberge. He directed Planning Staff to initiate revocation of Ms.
Roberge's Cup. Officer Kilpatrick hand delivered both citations to City Attorney's Office.
May 5, 2007:
Code Officer Johnny Terfehr perFormed sound measurements at Augusta's Restaurant.
The first measurement was for one hour with an A weighting. Two additional
r measurements were taken for 10 minutes each, one with an A weighting and one with a
C weighting. All were taken at the nearest residential property line. The first
measurement started at 10:22 pm (when the band resumed from a break) and
continued for one hour until 11:22 p.m. The average A weighted sound level was 65.14
decibels. The band played throughout the one hour period. The second
measurement started at 11:22 pm (band was still playing) and was for ten minutes.
The average A weighted sound level was 65.48 decibels. The band played throughout
� the 10-minute period. The third measurement started at 11:33 pm (band was still
playing) and was for ten minutes. The average C weighted sound fevel as 72.26
decibels. The band stopped playing two minutes into this measurement at 11:35 p.m.
May 11, 2007:
Code Staff was directed by the Director of Community Development that Code Staff
does not need to conduct any more sound metering of Augusta's and that revoking
Augusta's CUP has been pulled off the table by Council and the City Manager Carlos
Ortega. The City Manager and Director of Community Development will attempt to gain
compliance with Ms. Roberge, all future citizen complaints or calls should be directed to
the City Manager's office for consideration.
�
7
PD 0016
May 31, 2007:
As a result of the City Manager, City Attorney and Director of Community Development
taking over the Augusta matter, Code Staff closed the case per direction of Code
Manager.
November 2, 2007:
At the request of the Director of Community Development Lauri Aylaian, Code Staff was
directed to perform periodic sound measurements of Augusta's. This continued
intermittently until February 28, 2008 when Code Staff was directed to perForm sound
measurements of Augusta's every Thursday, Friday and Saturday night leading up to
the Council hearing; whenever that occurs.
�.�
�
8
PD 0017
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_-- --- ---_. __ --=--Dec�mber 15, 2007
PD 0025
Frorr�: Robert Hargreaves [mailto:RoberL.HargreavesCg�BBKLAW.COM]
Sent: Tuesday, December 18, 2007 1:25 PM
�: Aylaian, Lauri; Stendell, Ryan
_c: David Erwin
Subject: FW: Augusta Restaurant
Lauri, Ryan:
Please review and let's talk
Bob �
-----Original Message-----
From: Maureen Guinan [mailto:guinan@sbelawyers.com]
Sent: Tuesday, December 18, Z007 1:08 PM
To: Robert Hargreaves
Cc: 'Denise Roberge'; 'Tiffany Windsor'
Subject: Augusta Restaurant
Bob:
To follow up on our conversation yesterday, Denise Roberge and Tiffany Windsor have provided the following update on
mitigation measures and their experience with Johnny Terhfer. .�_ �
Ten moveable sound panels were in place on Saturday night on the grassy knoll area behind the patio at the
restaurant. Johnny Terfehr, Code Compliance Officer with the City of Palm Desert arrived at approximately
10:00 pm. He did not inspect the sound panels nor ask about their installation or even enter the restaurant
roperty.
Johnny inspected the restaurant's sound meter equipment and software (Tiffany had the meter hooked into her
laptop). He advised Tiffany that since her meter/software does not compute a "weighted" measure that they
could not compare the two readings for a final calculation. They did both hold their respective meters at the
same place at the same time. During the short span of comparing the instantaneous decibel readings, it appeared
that the meters were metering within close proximity - perhaps +/- 3 decibels.
He then tried to see if the restaurant reader would calibrate with his equipment but since the readers are a
different brand, they could not go any further with that line of testing. Tiffany asked him at that time if he knew
what the +/-variance was on his meter. He did not know. (The NIST certified meter the restaurant purchased
has a 1.5 +/-variance which is obviously critical with the close difference of 2 decibels that we are now trying
to mitigate.)
Tiffany and Johnny also discussed how his equipment takes into consideration street vehicle and pedestrian
traffic as the restaurant's meter shows significant spikes in the reading when a motorcycle travels on Portola or,
of course, when a vehicle passes the testing area on Larrea. Tiffany asked him if he felt that the "weighted"
measure brings the actual decibel reading average down or up and he did not know. He said that he goes back
to the office to download the information from the reader and the software calculates the information.
Johnny said that Tiffany would be able to get a copy of the report that he would download on Monday morning
so that we could review. (He later said that Tiffany would have to go through Lauri to get a copy of that
,port.) After the band's last break, he started recording by setting up two meters. He explained that one meter
ould record for 10-minutes and one would record for 1-hour. Tiffany explained to him that since her
equipment could not offer an accurate comparison to his equipment that Tiffany would check back with him
2 PD 0026 December 18, 2007
tl�•oughout the reco�dinb peridd. Slie d�d checic bacic with him as he st�.rted the simultaneous ��ecoYding and
�vithin the hour as the band w�s f nishing their last song.
�'hese facts suggest several problems fo�pres�n�pur��oses. First, you mentioned that you and staff were
��ncerned that Tiffany did not go in and "turn th� inusic down." In fact, Johnny did not, and apparently can not,
get an accurate weighted measurement to provide the restaurant without returning to his office, downloading
data, running the "weighting" progiam and p�oducing a weighted reading -- which by the way, we still have not
received from Saturday evening. The only quantification we have received is from you, confirmed by Tiffany's
subsequent call to Lauri and Johnny. On Saturday evening, Johnny was not apparently there in a problem
solving capacity, whether by choice, directive or lack of instruction. He never mentioned to Tiffany the need to
turn down the music or that the music appeared to exceed acceptable limits.
Second, the Restaurant has made itself open to City staff for a cooperative approach. However, one code
enforcement visit to talce a measurement which provides no immediate feedback(or even several days later),
with no opinion offered and no inspection of the mitigation efforts, is disappointing. Further, for us to hear that
Staff may be of the opinion that no panels were installed when in fact they were but no inspection was made is
downright frustrating for Denise and Tiffany.
Nonetheless, based on the foregoing (and emphasized by Lauri to Tiffany yesterday afternoon), while the
restaurant improved sound levels through mitigation measures by 2 decibels, additional work may be needed to
continue to work toward reasonable compliance. As we have mentioned previously, the restaurant,�enise and
Tiffany are committed to continue to work on the issues. We would respectfully request, however, that the
City-requested cooperation be more of a two way street. The mis-information is doing neither party any good.
In response to the assumption that sound levels continue to exceed 55 db in the later evening (and without
�nfirmation or admission as to the same), Tiffany contacted Joe Antillon of X.I:L Sound (760/409-
,22) yesterday to set up an appointment to have him come to the restaurant to advise where he thinks the
sound panels need to be moved or other measures in order to accomplish compliance. He is trying to move his
schedule around today so that he can meet with Tiffany in advance of the planning commission this evening.
In addition, a solid panel cover for the back gate (as suggested by the City's sound study) is being manufactured
to be welded in place. It is expected to be completed and installed�vithin the next two weeks.
Based on the difficulty Tiffany and Johnny had producing an instantaneous reading, it is clear�that they will
have to continue to work together. The restaurant does not have sophisticated weighting software for its sound
meter. Tiffany and Johnny might continue to work together to come up with a way of reading the restaurant's
meter for a fair reading that reflects how the software might weight the levels. Once that method is established,
the restaurant will be able to do readings with a more instantaneous response that will permit self-monitoring.
In short, the restaurant is delighted that they were.able to lower the reading level by 2 db and they are
committed to work to lower readings to the necessary level. We reiterate that this is not the time to revoke
Augusta Restaurant's right to offer live outdoor music in the City of Palm Desert, and we urge Staff and the
planning commission to recognize the ongoing efforts of our client and the fact that sound levels are indeed
being lowered by these efforts.
Regards, �
�aureen F. Guinan
�vak Baron & Empey LLP
i800 E Tahquitz Canyon Way
Palm Springs, CA 92262 December 98, 2007
Phone: 760.322.2275 ext. 17
3 pp 0027
Fax: 760.322.2107
quinanCa�sbelawvers.com
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I �
December 18, 2007
4 PD 0028
Armenta, Lorena
�rom: Terfehr, Johnny
'nt: Tuesday, December 18, 2007 3:00 PM
�o: Ponder, Hart
�c: Stendell, Ryan; Aylaian, Lauri; Armenta, Lorena
Subject: RE: Augusta Restaurant
Ha rt,
I just wanted to clarify some issues raised by the Attorney for Augusta's.
The sound panels were mentioned to me by Tiffany, but I was not invited into the restaurant to
evaluate the panels and even if I was, I am not a sound engineer I could not effectively evaluate their
usefulness, location or effectiveness for sound mitigation in this situation. I explained that to Tiffany
and that she would need to consult with a sound engineer for that type of information.
The email states that `Tiffany asked if he felt that the "weighted" measure brings the actual decibel
reading average down or up and he did not know'. That is not true, any increase in sound pressure
will increase the overall average and any decrease in sound pressure will reduce the overall
average. The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Levei M�a�urement"
method where when the time period in which time-variable sound levels exceed a certain level
occupying "X" percent of the actual measurement time, that level is called the percentile sound
pressure level (Lx). By measuring the percentile sound pressure level, it becomes possible to
evaluate environments in which irregular sound levels or sounds with remarkable variations are
volved.
Because Tiffany's meter was apparently incapable of perForming this type of inetering it is difficult to
determine from an immediate display reading whether they are in compliance overall.
I did in fact tell Tiffany that, on numerous occasions, the band had exceeded the allowable level of
55db during the one hour measurement. However, I explained that the final determination, for the
purposes of compliance, would depend on the downloaded information from the sound meter.
Johnny Terfehr
Code Compliance Officer
73510 Fred Waring Drive
Palm Desert CA 92260
From: Aylaian, Lauri
Sent: Tuesday, December 18, 2007 2:10 PM
To: Terfehr, Johnny
Cc: Stendell, Ryan; Ponder, Hart
Subject: FW: Augusta Restaurant
This is the kir�e�of stuff that gives attorneys a bad nar�e. Bob Flargrea�res and I are supposed to talk about this shortly.
I`li let yo��n�r�if there`s anything we shouEd be doing.
� the wa�s, �a���aoe�eompleted the rep�r�?
�q December 18, 2007
1 PD 0029
Armenta, Lorena
�rom: Ponder, Hart
:nt: Friday, December 21, 2007 9:10 AM
'o: Aylaian, Lauri; Terfehr, Johnny; Rodriguez, Pedro; Kilpatrick, Shawn; Adkins, Michael;
Armenta, Lorena
Cc: Stendell, Ryan
Subject: FW: Augusia's 12-20-07 Case#07-4104
Lauri, here is my two cents:
I can't believe what you can hear playing, blocks away, despite what the"DB" numbers are. The RPs are correct, and I
would be pissed off if I lived there.
My current viewpoint is that since the music being played is in an area that is"open"and in close proximity to residential
housing, amplified music should not be allowed, at all. I would declare that no subjective sound measurement can be
achieved, and that Staff and the residents are correct that the sound generated is a public nuisance.
I regret that Code has not done more to get the plug pulled much earlier, we have let the residents down by not doing
everything in our power to correct this situation, IMHO. If I could I would fire off a memo to the powers that be, and make a
stand. If it goes the other way, then at the very least, I we can say we did all that we could, as staff.
Sincerely, ��
Hart
-----Original Message-----
�m: Kilpatrick,Shawn
yent: Friday, December 21,2007 8:48 AM
To: Ponder, Hart
Subject: Augusta's 12-20-07 Case#07-4104
Hart,
As part of the City's effort to verify Denise Roberge's compliance with her Conditional Use Permit,
Hart Ponder, Ryan Stendell and I monitored sound levels at some of the verified complainant's
addresses.
At 74000 Candlewood, also know as the Candlewood Apartments, the three of us were able to clearly
hear Augusta's band playing at around 9:OOpm.
At 73922 Shadow Mountain Drive, we were able to clearly hear Augusta's band playing.
At 45831 Mountain View, we were able to hear Augusta's band playing.
At the Shadow Mountain Resort and Tennis Club, we were able to faintly hear the music coming form
Augusta's. The time was approximately 9:45.
�hawn M. Kilpatrick
,ode Compliance Officer
City of Palm Desert December 20, 2007
(760) 346-0611 x.476
1 PD 0030
�
�����
�'�''�'� CITY QF PAL-M D�S�RT
� �
_� F�LANNING DEPARTMENT
�� � • • INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: December 21, 2007
Subject: Augusta's Night-Time Sound Levels
On Thursday December 20, 2007 I pertormed sound measurements a�-Augasta's
Restaurant. Four measurements were taken, all from the nearest residential property
line (same location as was done previously).
The first measurement started at 8:35 PM and continued for ten minutes. The average
� A weighted sound level was 51.32 decib�ls. The band was pl�ying during thiS ten
minute period.
The second measurement started at 8:42 PM and was for ten minutes. The average A
weighted sound level was 51.91 decibels. The band was playing during this ten minute
period.
The third measurement started at 9:45 PM and was for ten minutes. The average A
weighted sound level was 53.33 decibels. The band wa� playing during this ten minute
period.
The fourth measurement (done concurrently on a second meter) started at 8:35 PM and
was for one hour. The band played for all but the last three minutes of the one hour
period. The average A weighted sound level was 53.16 decibels.
The conditional use permit requires that sound levels be below 65 decibels before 10:00
PM and below�5 decibels after 10:00 PM.
Attached are charts showing the pertinent sound level measurements.
Johnny Terfehr
� Code Compliance Officer
December 20, 2007
PD 0031
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- _- - - _ _ December 20, 20
PD 0032
Arr�v�;nta, Lor�na
=rorn: Ponder, Hart
�nt: Monday, December 24, 2007 10:06 AM
i o: Monroe, Tonya
Cc: Adkins, Michael; Armenta, Lorena; Kilpatrick, Shawn; Rodriguez, Pedro; Terfehr, Johnny;
Aylaian, Lauri; Stendell, Ryan; David Erwin (E-mail)
Subject: FW: Augusta's 07-4111, 73995 EI Paseo. Sound Report for December 22, 2007
Code's Recommendation: Revoke the CUP. The fact is, even if the D8 numbers came in under 55, a public Nuisance
exists since the sound carries blocks away, anvway. Personal observation from myself and others, confirms that the
Residents concerns have merit. In retrospective, the permit should have never been issued, given the music is played
outside and near a residential area.
Hart
-----Original Message-----
From: Kilpatrick,Shawn
Sent: Monday, December 24,2007 9:10 AM
To: Ponder, Hart
Cc: Terfehr,Johnny;Armenta, Lorena; Rodriguez, Pedro; Stendell, Ryan;Aylaian, Lauri
Subject: Augusta's 07-4111, 73995 EI Paseo. Sound Report for December 22, 2007
Hart, »_ __
As requested, I perFormed sound metering for the above restaurant/night club on Saturday night,
December 22, 2007.
� � ,
took three ten minute A weighted readings and one one-hour `A' weighted reading. I began
measuring sound levels at 10:38 PM and concluded them at 11:37 PM. Readings were taken while
music was beinp played at or near the property line in a prescribed manner that would produce a fair
and accurate representation of the sound levels.
Ten Minute Readings: Taken at 10:38 PM, 10:50 PM, 11:08 PM and 11:19 PM in order from 1-4 as
indicated on the chart below.
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this reading, the band was not playing. December 22, 2007
1 PD 0033
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where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levefs or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
During the time frame that the measurements were taken City municipal code 9.24.030 requires that
sound levels not exceed 55 decibels for an `A' weighted 10 minute average and 58 decibels for a `C'
weighted ten minute average.
'staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn M. Kilpatrick
Code Compfiance Officer
City of Palm Desert
(760) 346-0611 x.476
Nextel direct connect# 125*27233*11
�
December 22, 2007 ,
Z PD 0034
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February 16, 2008
G:\Code\Shawn Kilpatrick�2008 Word FilesWugusta Meter memo 2-'19-OS.doc P D 0044
� �-��--� CIT'Y OF' PALM DESEI�T
� �
r i �UILDING & SAFETY DEPARTMENT
INTEROFFICE MEMORAIVDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compiiance Officer
Date: February 25, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No.p$-696 Augusta's
As requested, I arrived at Augusta's to perForm sound metering on Friday and Saturday nights,
February 22 and 23, 2008. Friday night I arrived at the normal metering Incation on-the-south
side of the restaurant. I observed that the sound coming from the restaurant was much lower,
almost imperceptible compared to other nights. I entered the restaurant and determined that
there was no outside music being played. There was a band playing inside. No readings were
taken.
On Saturday, the outside music resumed as normal. I performed one (1) one-hour A-weighted
reading and three (3) ten-minute A-weighted readings. Readings were taken while music was
being plaved at or near the property line in a prescribed manner that would produce a fair and
accurate representation of the sound levels. Pursuant to P.D.M.C. 9.24.030, sound levels in the
commercial zone cannot exceed a one-hour average of 65 decibels prior to 10:00 p.m. and a
one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level MeasuremenY' method
where when the time period in which time-variable sound levels exceed a certain level
occupying "X" percent of the actual measurement time, that level is called the; percentile sound
pressure level (Lx). By measuring the percentile sound pressure level, it becomes possible to
evaluate environments in which irregular sound levels or sounds with remarkable variations are
involved. The most relevant data collected includes the lowest and highest sound levels that
occurred durinq the test as well as the overall average.
The band continued to play until 11:32 PM.
If staff can be of f er assistance, please let me know. I am availabfe to answer any questions.
,� �,...-
Joiy� y TerFehr �
�ode Compliance Officer
� Attachment: Sound Meter Reports
, February 22 & 23, 2008
PD 0045
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PD 0047
����'� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny TerFehr, Code Compliance Officer
Date: February 28, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-696 Augusta's
As requested, I arrived at Augusta's to perform sound metering on Thursday, February 28, 2008. I
arrived at the normal metering location on the south side of the restaurant. I observed that the sound
coming from the restaurant was much lower, almost imperceptible compared to other nights. I
entered the restaurant and determined that there was no inside or outside music being played.
Starting at 10:25 p.m., I perFormed one (1) one-hour A-weighted reading and three (3) ten-minute A-
�eighted readings. Readings were taken at or near the property line in a prescribed manner that
would produce a fair and accurate representation of the sound levels. Pursuant to P.D.M.C.
9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65 decibels
priorto 10:00 p.m. and a one-houraverage of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny TerFehr
Code Compliance Officer
Attachment: Sound Meter Reports
�
February 28, 2008
PD 0048
Arment�, Lore��
'rorne �er�ehr, Johnny
nt: Wednesclay, March 19, 2008 4:40 PM
i o: Ponder, l�art; Aylaian, Lauri; Stendell, Ryan
Cc: Kilpatrick, Shawn; 'Robert.Hargreaves@BBKLAW.COM'; Armenta, Lorena
SubJect: Augusta's, February 28, 2008 THURSDAY AMBIENT reading
Attachments: 2 28 08 augustas meter b.xlsx; 2 28 08 augustas meter a.xlsx; Augusta Meter memo
2-29-08.doc
Please see the attached memo's for the Thursday, February 28, 2008 sound metering. i was told that it was alleged at a
meeting today that this ambient reading was the same or nearly the same as other nights. The attached reports show
this to be untrue.
The one hour reading was 52.6 decibels and the ten minute readings were 56, 51 and 49 decibels respectfully. The one
high ten minute reading of 56 was caused by a diesel vehicle that parked near the meters for several minutes during the
reading. The one hour. and the other two ten minute reading show the true ambient average for the area when
outdoor music is not being played.
Johnny L. Terfehr
Code Compliance Officer
Code Compliance Division ��- —
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611 ext 446
�+erfehr�ci.palm-desert.ca.us
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February 28, 2008
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PD 0051
r���-�. �IT'l� dF P'ALM DE��I�T°
/ � � �
�IJIL�IIVG � �A�E�f DEPARTMENT
�� • _• • INTEROFFICE MEMORQ►NDUM
To: Hart Ponder Jr., Code Complia�ce Manager
From: Johnny Terfehr, Code Compiiance Officer
Date: March 3, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 0�'-696 Augusta's
�S
As requested, I arrived at Augus#a's to perForm sound me#ering an Friday February 29, 2008. I
arrived at the normal metering location on the south side of the restaurant. -�- ---
Starting at 10:35 PM, f perFormed one (1) one-hour A-weighted reading and fhree (3) ten-minute
A-weighted readings. Readings were taken at or near the property line in a prescribed manner
that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-houraverage of
65 decibels prior to 10:00 p.m. and a one-houraverage of 55 decibels after 10:00 p.m.
The Ono Sakki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variab/e sound levels exceed a certain level
occupying "X" percent of th� a�t�al rn�asurement time, th�t level is called th�; percentile sound
pr�ssure level (Lx). By measuring the percentile sound pressure leve�, it becomes possible to
evaluate environments in which irregular sound levels or saunds with remarkable variations are
involved. The most relevant data collected includes the lowest and highest sound levels that
occurred durinq the test as well as the overall average.
If staff can be of f her assistance, please let me know. I am available to answer any questions.
�`oh ehr
C de Compliance 4fficer
Attachment: Sound Meter Reports
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February 29, 2008
PD 0052
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PD 0056
�•� CITY OF PALIIn DESERT
/ , �
COMMUNITY D�VELOPMENT
INTEROFFICE IVIEN90RANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 3, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-823 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, March 1 st, 2008. I
perFormed one (1) one-hour A-weighted reading and three (3) ten-minute A-weighted readings.
Metering began at 10:38 PM. Readings were taken while music was beinp played at or near the
property line in a prescribed manner that would produce a fair and accurate representation of the
sound levels. Pursuant to P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a
one-hour average of 65 decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after
10:00 p.m.
� he Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
Attachment: Sound Meter Reports
March 1, 2008
PD 0057
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s��r---� CITIf OF PALM DESERT
� f��� . k
� COMMIJIVITY DEVELOPMENT
_�=: -
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 7, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's �
As requested, I perFormed sound metering at Augusta's on Thursday night, March 6, 2008. I
performed one (1) one-hour A-weighted reading and three (3) ten-minute A-we�gk�ted—�eadings.
Metering occurred between 9:00 PM and 10:00 PM. (Augusta's stops playing at 10:00 PM on
Thursdays.) Readings were taken while music was beinp plaved at or near the property line in a
prescribed manner that would produce a fair and accurate representation of the sound levels.
Pursuant to P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour
average of 65 decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level MeasuremenY' method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinp the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
Attachment: Sound Meter Reports
�
March 6, 2008
PD 0059
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G:\Code\Shawn Kilpafrick�2008 Word FiteslAugustas Meter memo 3-6-OS.docx P D 0060
��--�. CITY OF PALnII DESEI�1'
/ ; � ��
COMMl1NITY DEVELOPMEIVT
. r�`�-:: ,,, , .
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 8, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Friday night, March 7, 2008. I performed
one (1) one-hour A-weighted reading and three (3) ten-minute A-weighted readings.�Readings were
taken while music was beinq plaved at or near the property line in a prescribed manner that would
produce a fair and accurate representation of the sound levels. Pursuant to P.D.M.C. 9.24.030,
sound levels in the commercial zone cannot exceed a one-hour average of 65 decibels prior to 10:00
p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
� Shawn Kilpatrick
Code Compliance Officer
Attachment: Sound Meter Reports
March 7, 2008
PD 0061
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G:1CodelShawn Kilpatrick12008 Word FileslAugustas Meter memo 3-7-08.doc
PD 0062
�1�� CITY OF PALM DESERT
/ , - �
CAMMIJNITI� DEVELOPMENT
I[VTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 8, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Saturday night, March 8, 2008. I
performed one (1) one-hour A-weighted reading and three (3) ten-minute A-weighted readings.
Readings were taken while music was being played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
'�e Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
vvhere when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
�
If staff can be of further assistance, please let me know. I am available to answer any questions.
�
Shawn Kilpatrick
Code Compliance Officer
Attachment: Sound Meter Reports
" �
March 8, 2008
PD 0063
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�-5--� CITY OF PALM DESER�
� � Y DEVELOPMENT
COMM�UNIT
� INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 13, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Thursday night, March 13, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street� Augusta's stops
the play of outdoor amplified music at 10:OOPM on Thursday nights.
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
I took three (3) ten-minute A-weighted measurements, starting at 9:OOPM, 9:15PM and 9:36PM.
,teadings were taken while music was beinq plaved at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levets. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durin.p the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
.ttachment: Sound Meter Reports
March 13, 2008
PD 0065
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o8.docx PD 0066
t
i--��-� CITY OF PALIVI DESERT
� � T
COMMUNITY DE\/ELOPIVIE(V
IfV°TEROFFICE MEMORANDl11Vl
To: Fiart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: March 14, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Friday night, March 14, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street. During the same
time period Shawn Kilpatrick, Ryan Stendell and Hart Ponder were in the area and�i�ll file a separate
report.
I took one (1) one-hour A-weighted measurement, starting at 10:29PM.
took three (3) ten-minute A-weighted measurements, starting at 10:29PM, 10:39:OOPM and
�0:50PM.
Readings were taken while music was beinq played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durin.q the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
'ohnny Terfehr
�ode Compliance Officer
March 14, 2008
Attachment: Sound Meter Reports
f'� 0067
9
� One Hour Reading __ �,_�__
� �� so -� — ---�� �
72 �70 � --
60
50
42.7
40
30 I 20
10
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Low High Average
Ten Minute Readings
90
81.5
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70
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,� March 14, 2008
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(2).docx PD 0068
�--�----� CITY OF PALIVI DESERT
� � COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUIVI
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 14, 2008
Subject: Augusta's Night-Time Reasonable Person Observations
Code Case No. 08-881 Augusta's
Hart Ponder, Ryan Stendell and I arrived at Augusta's on Friday night, March 14 2008 to�erform
"reasonable person" observations of sound levels at locations established by complaining parties. Our
observations at the following locations are as follows:
10:38PM: At the corner of Mountain View and Shadow Lake Drive, we could hear the music well.
Santana's `Game of Love' was heard.
10:50PM: At the Shadow Mountain Resort and Hotel, we could hear the band playing. Conditions at
this location were windy, with local winds reported for Palm Desert at 25 mph. The sprinkler system
was also in operation at the time of our observations. A rendition of Tom Petty's `Running down a
Dream' was heard.
11:04PM: At the Shadow Mountain Apartments, the sound of the band was clear and loud. A rendition
of a Gwen Stefani song and No Doubt was easily heard at this location.
11:13PM: At the Candlewood Apartments, we could hear the band playing but windy conditions
prevented us from being able to tell what the song was.
11:30PM: Concluded observations.
I believe that if I lived at any of these locations, the noise level would be irritating, especially over a
prolonged period of time. Ryan indicated it was louder this time than last.
If staff can be of further assistance, please let me know.
V .
Shawn Kilpatri k �
Code Compliance Officer
March 14, 2008
P D 0069
Ar�nenta, Lorena
�s�ome Ponder, Hart
�nt: Wednesday, March 19, 200� 12:59 PM
a o: Stendell, Ryan
Cc: Aylaian, Lauri; Armenta, Lorena; Terfehr, Johnny; Kilpatrick, Shawn
SeabJect: Observations of March 14th Augusta's
At around 10:30 pm on March 14t", 2008, I visited the previously identified sites to ascertain if the music playing at
Augusta's could still be perceived at a level that could generate further complaints.
I must reaffirm my last report to you that the sound is detectable in such a way that if I were living in the area, I would
consider the sounds a disturbance. My current viewpoint is that the Reporting Parties concerns do have merit, and I
continue to recommend that outside amplified music, located next to a residential zone,should not be permitted on an
ongoing manner, as a regular course of business.
Cordially,
Hart Ponder
Code Compliance Manager --�- --
�}
� .
March 14, 2008
1 PD 0070
�'-•�� CITY OF PALIVI DESERT
� �
COIVIMUNITY DEVELOPIVIENT
INTEROFFICE IVIEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 15, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Saturday night, March 15, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:35PM, 10:45PM and 11:06PM.
'eadings were taken while music was beinp played at or near the property line in a prescribed
�nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where�when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
�ttachment: Sound Meter Reports
March 15, 2008
PD 0071
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March 15, 2008
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_ COMMUNITY DEVELOPIVIE[Vl"
INTEROFFICE IVIEMORANDUIVI
To: Hart Ponder Jr., Code Comptiance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: March 17, 2008
Subject: Augusta's Night-Time Reasonable Person Observations
Code Case No. 08-881 Augusta's
Ryan Stendell and I arrived at Augusta's on Saturday night, March 15, 2008 to perform
"reasonable person" observations of sound levels at locations established by complaining
parties. Our observations at the following locations are as follows:
10:35PM: At the Candlewood Apartments, we could hear the band playing. A rendition of
� Heartache Tonight, by The Eagles was discernable.
10:40PM: At the Shadow Mountain Apartments, the sound of the band was clear, and loud.
Surrender by Cheap Trick could be discerned.
10:50PM: At the Shadow Mountain Resort and Hotel, a rendition of Crazy Little Thing Called
Love by Queen could be easily heard.
10:55PM: At the corner of Mountain View and Shadow Lake Drive, we could hear the music
well. The Beatles, Hey Jude was very audible.
I believe that if I lived at any of these locations I would find the noise level to be disturbing.
11:OOPM: Concluded `reasonable man' observations.
If staff can be of further assistance, please let me know.
Johnny TerFehr �
Code Compliance Officer
March 15, 2008
PD 0073
Arra7enta, Loreraa
'�rorna Stendell, Ryan
;n�: Monday, March 17, 2008 7:56 AIVI
0 0: Kilpatrick, Shawn; Ponder, Nart; Terfehr, Johnny; Aylaian, Lauri; Armenta, Lorena
Subjecte RE: f2easonable Person Observation memo.doc
I wouid add to this that the ambient con�litions wi#h the wind were already pretty high and the so�arad a�+as lo��fer to rne
than it had been in previous observations. Sat. night was even worse. The sound levels are back up ir�#he 56-58 dB it
stilf seems awfully disturbing to the neighbors.
Ryan
From: Kilpatrick, Shawn
Sent: Sunday, March 16, 2008 1Z:13 AM
To: Ponder, Hart; Tertehr, )ohnny; Stendell, Ryan; Aylaian, Lauri; Armenta, Lorena
Subject: Reasonable Person Observation memo.doc
« File: Reasonable Person Observation memo.doc»
a�
PD 0074
March 15, 2008
i
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F
�'""°"T`�`°e eITY U� PA�.li� DESER�`
� n�
�- . i COIVIIV�tJNITY D�V�LOP�IIEN�`
. ,€.- ,_.
tNTEROFFiCE IUfEMO�RAN[�UM
To: E..auri Aylafan, Director o# Cornmunity Devetopment
From: Ryan Ster►deii, Associate Plann�r
Date: March 18, 2008
Subject: Augusta's Night-Time Reasonable Person pbservations March 15, 2008
Code Case No. 0$-$81 Augus#a's
Johnny Terfehr and i arrived at Augusta's on Sa�urday n�ght, March 15, 2008 to perfarm
"reasonable person" observations af sound fevels at locations established by compiaining
parties. Our observations at the following loca#ions are as foliaws:
10:35PM: At the Candfewood Apartments, we could hear the band playing. A rendition of
Heartache Tonight, by The Eagfes was discernabie. As previously noted, the
units at the north end of this property are impacted by the m�sic at Augus#a's.
1 Q:40PM: At the Shadow Mountain Apartments, the sound of the bancf was clear and foud.
Surrender by Cheap Trick could be discerned. As previousfy noted, this location
is #he mosf irnpacted that ! have visified. The music is very disfiur#�ing at this
location.
10:5QPM: At the Shadow Mauntain Resort and Hote(, a rendit�on of Crazy Little Thing
_ _ Calie�_Lav�_b�.Queen cou�d be �as�ly h��rd,_qs_e�� appr��cF�ed the stairway_�n
the north side of tl�e renta! units adjacent to the tennis eourts the music was
ciear[y heard and �isturbing.
10:55PM: At the corner of Mountairt View and Shadow Lake Drive, we could hear the music
well. The Beatles, Hey Jude was very audible. As previc�usiy noted, ihe quality
of noise that gets to this location is very dist�rbing to the neighborhaod.
11;UaPM: Concluded `reasc�nable man' observations.
fn previaus reports we have concluded t€�at 52 dB creates a disturbance #or the neighbors in
the area of Augusta's. The sound levels�c�n this night were approaching 57 dB's on the one
hour avera�e (56.�2dB actua! reading). Staff feels fhe same as revious re c�rts,
the sc�und coming from Augusta's is creating a public nuisanc�. � is rny t�pi pc�n th f ap e�rlor pn
March 15, 2008
PD 0075
judgrr�ent on staffs part was made with the approvai of mu�i� at the commercial standards (65
d� unti! 10 �m, 55 dB after 10 pc�n}. Qu� to tf�e prox��n�fiy ta residentia! ih� m�sic should have
been required to meei residentia� stand�rds (55 dB untii 10 pm, 45 dB after 10 pm).
�.2� [71�.' �fIOW I� �fC3U �lc'�V� c'�ft)/�Ul'�f1£!'{�lJ8S�l0l�5.
t' �i ;p''
i'
Ryan Stende!! ��
Associate Planr�er
: _ _ _ _. _ _ . _ .
�
� � P� 0076
March 95, 2008 i
i
,
f
�-�-� CITY OF PALIVI DESERl'
/ , �
COIVIMUNITY �JEVELOPIVI�NT
INTEROFFI�E MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 20, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Thursday night, March 20, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street. Augusta's stops
the play of outdoor amplified music at 10:OOPM on Thursday nights.
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
I took three (3) ten-minute A-weighted measurements, starting at 9:OOPM, 9:15PM and 9:40PM.
�eadings were taken while music was beinq plaved at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
. ,ctachment: Sound Meter Reports
March 20, 2008
PD 00�7
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P D 0078
�''�� CITI' OF PALIVI DESERT
� .`�
"_ COIVIIVIIJI�ITY DEVELOPIlIIENT'
- INTEROFFICE MEMOR�►NDUIVI
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 21, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Friday night, March 21, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hourA-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:30PM, 10:40PM and 10:55PM.
'eadings were taken while music was beinp played at or near the property line in a prescribed
.,�anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-houraverage of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
`ttachment: Sound Meter Reports
March 21, 2008
PD 0079
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PD 0080
March 21, 2008
C:\Users\IarmentaWppData\Local\Microsoft\Windows\TemporarylnternetFiles\Content.�L�.t1��k�7A1V6VO4 VV�AuguStG�.s In�.'lL'r mem0 3-21—�O.�QC
���� CITI( OF PALM DESEF�T
/ ; - �
COIVIMUNITY DE\/ELOPiVIENT
INTEROFFICE MEMORANDIJM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 22, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, March 22, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:37PM, 10:49PM and 11:05PM.
,eadings were taken while music was being pla� at or near the property line in a prescribed
� .�ianner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer �
'ttachment: Sound Meter Reports
March 22, 2008
PD 0081
One Hour Reading
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�-�•—� CI1'�' OF PALIUII DE�ERT
/ ; �
GOMIVIl1NITY DEVELOPMEIVT
�I�T'EF20FFICE IVIEfVIORANDlJ11A
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 27, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Thursday night, March 27, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street. Augusta's stops
the play of outdoor amplified music at 10:OOPM on Thursday nights. "- --
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
I took three (3) ten-minute A-weighted measurements, starting at 9:05PM, 9:17PM and 9:40PM.
r�eadings were taken while music was beinq played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
� �
�� 61���.-� �.
� �
Shawn Kilpatrick
Code Compliance Officer
P� 0083
,,ttachment: Sound Meter Reports
March 27, 2008
y
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��oo�ume�ts a�d Sett��95�sk,�Pat�,�k��o�a�sen��9s�TemPo�ary��te��et F��eS,�o�te��.0utloolc\P9EQWBN6\Augustas Thursday night meter meino 3-27-
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���--� CITIf OF PALfVI DESERT
� �
COMN9lJNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: March 28, 2008
Subject: Augusta's Night-Time Reasonable Person Observations
Code Case No. 08-881 Augusta's
Ryan Stendell, Hart Ponder and I arrived at Augusta's on Thursday night, March 27, 2008 to
perform "reasonable person" observations of sound levels at locations established by
complaining parties. Our observations at the following locations are as follows:
9:15PM: At the Candlewood Apartments, I could not clearly hear music at this location.
9:25 PM: At the intersection of Shadow Lake and Mountain View, when I first exited my
vehicle I could clearly hear music that I would consider disturbing. The band temporarily
stopped playing after that song so I moved to the next location.
9:45PM: At the Shadow Mountain Resort and Hotel, music resumed and could be heard but
due to other ambient noises (tennis being played) it was not very loud.
At 10:00 PM the outdaor music concluded.
If staff can be of further assistance, please let me know.
Johnny Terfehr
Code Compliance Officer
e�
March 27, 2008
PD 0084
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On� Hour Reading
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PD 0085
��•�-� CI1'1° OF PALIVI DESERT
� �
COIVIIVIUNITV DEVELOPMEIVT
_ INTEROFFICE MEIVIORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 28, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Friday night, March 28, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
� I took one 1 one-hour A-w i h me r m n �
( ) e g ted asu e e t, starting at 10.30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:16PM, 10:31 PM and 11:07PM.
� 'eadings were taken while music was beinc�played at or near the property line in a prescribed
.�ianner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
^#tachment: Sound Meter Reports
March 28, 2008
PD 0086
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PD 0087
� March 28, 2008
C:\Users\Iarmenta�AppData\Local\Microsoft\Windows\TemporerylntemetFiles\Content.�uLl0�k�9A1V6 V O`tW�tlu�Tustas Ineter m�'m� 3-20-�O.UDC
���--� CITY OF PALIVI DESERT
� �
COfVIIVIUNITY DE!/ELOPMENT
INTEROFFICE IVIEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: March 29, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Saturday night, March 29, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:39PM, 10:49PM and 11:OOPM.
�'eadings were taken while music was beinq played at or near the property line in a prescribed
,nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
lttachment: Sound Meter Reports
March 29, 2008
PD 0088
One Hour Reading
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PD 0089
� March 29, 200�
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���-� CITY OF PALIVI DESERT
� �
COMIVIUNITY DEVELOPIVIEiVT
. , , .
IIVTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 3, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Thursday night, April 3, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hourA-weighted measurement, starting at 9:OOPM.
took three (3) ten-minute A-weighted measurements, starting at 9:OOPM, 9:15PM and 9:37PM.
,eadings were taken while music. was being played at or near the property line in a prescribed
�nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
":ode Compliance Officer
'`ttachment: Sound Meter Reports
April 3, ZO
P D 0091
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One Hour Reading __
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PD 0092
April 3, 2008
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�
���--� CITY OF PALIVI DESERT
� �
COMIVIUNITY DE�/ELOPMENT
INTEROFFICE MEMORANDUNI
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny TerFehr, Code Compliance Officer
Date: April 4, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Friday night, April 4, 2008. I arrived at the
prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
took three (3) ten-minute A-weighted measurements, starting at 10:30PM, 10:40PM and 10:51 PM.
�eadings were taken while music was being played at or near the property line in a prescribed
,��anner that would produce a fair and accurate representation of the sound �evels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
':ode Compliance Officer
'�ttachment: Sound Meter Reports
April4, 200
PD 0093
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Ten Minute Readings ��`- �
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PD 0094
April4, 200
C:\Users\IarmentaWppData\LocalWlicrosoftlWindows\TemporarylnternetFiles\Content.Dut10�1{�7A1V6VOYW�tiugusl.a.s meter mem0 4-4-�O.d�C
�•�� CITY OF PALM DESERT
� �
COIVIMIJNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 5, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, April 5, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
' took three (3) ten-minute A-weighted measurements, starting at 10:30PM, 10:44PM and 10:56PM.
''eadings were taken while music was being plaved at or near the property line in a prescribed
.��anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny Terfehr
':ode Compliance Officer
'�ttachment: Sound Meter Reports
April 5, 200
PD 0095
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One Hour Reading
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Ten Minute Readings ��- �
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PD 0096
April 5, 200t
C:1UsersVarmenta�P,ppData\Local\MicrosoftlWindows\TemporarylntemetFiles\ContenL�ull��k�7A1V6VO4W�AU.gusta.s m�'ter mf.'m� 4—S'�O.U��'i
i---�--� �ITY OF PALM DESERT
� �
COMMIJIVITY DEVELOPMENT
IIVTEROFFICE MEMORANDUIV!
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 10, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Thursday night, April 10, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
' took three (3) ten-minute A-weighted measurements, starting at 9:OOPM, 9:11 PM and 9:39PM.
�'eadings were taken while music was beinp played at or near the property line in a prescribed
_,�anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer �
�ttachment: Sound Meter Reports
April 10, 2008
PD 0097
� One Hour Reading
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PD 0098
April 10, 20G
C:\Users\IarmentaWppData\Local\Microsok\Windows\TemporarylntemetFiles\Content.�u�l��1{\9A1V6VO4 VV�Augusla.s metel Inf.'m.� 4-I���O.d�C
�—�•—� �ITI( OF PALllil DESERT
/ , �
� COIVIMI�IdITY DEVELOPMEIVT
IN°TEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 11, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, April 11, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
took three (3) ten-minute A-weighted measurements, starting at 10:43PM, 10:54PM and 11:05PM.
'eadings were taken while music was beinq played at or near the property line in a prescribed
�nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level MeasuremenY' method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny Terfehr
;ode Compliance Officer �
°ttachment: Sound Meter Reports
April 11, 200
PD 0099
i
� One Hour Reading
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PD 0100
April 11, 200
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��'�� CI1'Y OF PALlVI DESERT
/ , - �
COIVIMIJNITY DEVELQPMEiVT
- INTEROFFICE MEMORANDUIVI
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 12, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, April 12, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hourA-weighted measurement, starting at 10:30PM.
took three (3) ten-minute A-weighted measurements, starting at 10:46PM, 10:59PM and 11:09PM.
�eadings were taken while music was beinq played at or near the property line in a prescribed
,��anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny TerFehr
"'ode Compliance Officer
^ttachment: Sound Meter Reports
April 12, 20l
PD 0101
� One Hour Reading
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PD 0102
April 12, 2008
C:\Users\IarmentaWppData\Local\Microsofl\Windows\TemporarylnternetFiles\Content.�utl��l{�9A1V6�0'tW\Augusta.s nleter Ineln� `F-IZ-�O.U�C
�--•--� CITY OF PALM DESERT
� __�
COMMUNITV DEVELOPIVIENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 17, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Thursday night, April 17, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
lo ten minute readings were taken as one of our sound meters is in the lab for annual calibration.
'eadings were taken while music was beinq played at or near the property line in a prescribed
�nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pre�sure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny TerFehr
;ode Compliance Officer �
�ttachment: Sound Meter Reports
April 17, 200
PD 0103
��� One Fiour Reading
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PD 0104
April 17, 20G
C:\Users\IarmentaWppData\Local\Microsoft\Windows\TemporarylnternetFiles\Content.�utl��li�9A1V6VO4 VV�AU.gU.sta.s meter mem� 4-1 /'�O.d�C
��•�� CITY OF PALM DES�RT
� �
COMIVIUfVITY DEVELOPMENT
INTEROFFICE MEMORANDU11oll
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 18, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Saturday night, April 18, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hourA-weighted measurement, starting at 10:30PM.
took three (3) ten-minute A-weighted measurements, starting at 10:30PM, 10:45PM and 10:57PM.
`n this evening Council member Finerty was present. She asked that I view the instantaneous
.aadings on the face of the sound meter and report to her via cell phone an estimate of what the
readings were at various times while she drove to different residential locations and listened to the
music. She stated her goal was to `determine at what decibel level the music could no longer be
heard at the various locations'. I explained that my interpretation of the instantaneous readings would
only be a "guestamate" and I complied with her request. She spoke directly to the Augusta's
representatives regarding lowering decibel levels. From my metering location the music was clearly
audible the entire metering period and the perceptible volume level was consistent with previous
metering sessions.
Readings were taken while music was being played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregufar sound levels or sounds with remarkable variations are involved. The most relevant
�ata collected includes the lowest and highest sound levels that occurred durinq the test as well as
.��e overall average.
April 18, 2008
If staff can be of further assistance, please let me know. I am available to answer any questions.
PD 0105
i
�
Johnny Terfehr
Code Compliance Officer
Attachment: Sound Meter Reports
One Hour Readmg
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_ _ . _ _ _ _ - --- _ _ _ _ __ April 18, 2008
C:\Users\IarmentaWpp�ata\Local\Microsoft\Windows\TemporarylnternetFiles\Conient.�utl��l{�7A1V6VO4W�AuguSta.S met�eZ In�.'m� 4-10-DO.d�C
����� CITY OF PALiVI DESERT
/ , �
i COMMIJNITY DEVELOPMENT
IIVTEROF�ICE MEIInORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: April 19, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. OS-881 Augusta's
As requested, I performed sound metering at Augusta's on Saturday night, April 19, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
took three (3) ten-minute A-weighted measurements, starting at 10:34PM, 10:44PM and 10:54PM.
�adings were taken while music was beinp played at or near the property line in a prescribed
�nanner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pre�sure leve{, it b�comes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinp the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny Terfehr
'ode Compliance Officer
"+.tachment: Sound Meter Reports
April 19, 2008
pp 0107
r
� One Hour Reading
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PD 0108
April 19, 2008
C:\Users\Iarmenta�P,ppData\Local\MicrosoK\Windows\TemporarylnternetFiles\Content.�U.tl��lt\7111V6VO4 VV�tiugU.sta.s Inetel�Illelll� 4-17-�O.U�C
�`�rmer�ta, Lore�a
Frorn: Terfehr, Johnny
�nt: Saturday, April 19, 2008 11:48 PM
,o; Terfehr, Johnny; Armenta, Lorena; Aylaian, Lauri; Kilpatrick, Shawn; Stendell, Ryan; Ponder,
Hart
Subject: RE: Augusta's April 19, 2008 sound monitoring
Attachrnents: Augustas meter memo 4-19-08.doc
�
�
`�- .
PD 0109
�
�'��� CITY OF PALM DESERT
/ ; �
_ COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: April 24, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Thursday night, April 24, 2008. I arrived
at the prescribed location, across from Augusta's on the south side of Larrea Street. Augusta's stops
the play of outdoor amplified music at 10:OOPM on Thursday nights.
I took one (1) one-hour A-weighted measurement, starting at 9:OOPM.
I took three (3) ten-minute A-weighted measurements, starting at 9:OOPM, 9:10PM and 9:35PM.
r2eadings were taken while music was being plaved at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-houraverage of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure leve! (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
Code Compliance Officer
�ttachment: Sound Meter Reports
April 24, 2008
PD 0110
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���Se�S��a�me�ta�PPoa�a��o�a��M���oSon�W��dowS�TemPo�ary��te��efF��es��o�te��.0utlook\9XN6V84W\Augustas Thursday ni�ht meter memo 4-24-
08.doc
pn n� � �
����� CITY OF PALM DESERT
� �
_ COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: April 25, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I perFormed sound metering at Augusta's on Friday night, April 25, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
� took three (3) ten-minute A-weighted measurements, starting at 10:44PM, 10:55PM and 11:08PM.
'.eadings were taken while music was beinq plaved at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressur� level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred durinq the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
;ode Compliance Officer
�ttachment: Sound Meter Reports
April 25, 2�
PD 0112
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One Hour Reading
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April 25, 200
C:\Users\Iarmenta�P,ppData\Local\Microsoft\Windows\Temporary Intemet FileslContenL�utl��k�7111V 6 V 04 VV�Augusta meter mem� 4-25-�O.d�C
�'��'� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Shawn M. Kilpatrick, Code Compliance Officer
Date: April 26, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Saturday night, April 26, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hourA-weighted measurement, starting at 10:30PM.
T took three (3) ten-minute A-weighted measurements, starting at 10:38PM, 10:49PM and 11:03PM.
'.eadings were taken while music was beinq played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure levei, it becomes possibfe to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Shawn Kilpatrick
�ode Compliance Officer
\ttachment: Sound Meter Reports
April 26, 2002
PD 0114
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One Hour Reading
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PD 0115
April 26, 20G
C:\Users\Iarmenta64ppDala\Local\Microsoft\Windows\Temporary Intemet Files\Content.Qull��k�7A1V 6VO4 VV�AUgu$ta meter�]em� 4-26-�g.dQC
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PD 0116
�'��� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny TerFehr, Code Compliance Officer
Date: May 1, 2008
Subject: Augusta's Night-Time Sound Levels
Code Case No. 08-881 Augusta's
As requested, I performed sound metering at Augusta's on Thursday night, May 1, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 9:00 p.m.
I took three (3) ten-minute A-weighted measurements, starting at 9:00 p.m., 9:13 p.m. and 9:24 p.m.
adings were taken while music was beinp played at or near the property line in a prescribed
manner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound �ressure le�ael, it becomes possible to evaluate environments in
� which irregular sound levels or sounds with remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny TerFehr
Code Compliance Officer
'`tachment: Sound Meter Reports
May 1, 2008
PD 0117
One Hour Reading
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May 1, 20C
G\Code\Code Sharetl Files\Memorandums�2008Wugustas meter report OS-01-OS.doc P D 0118
�"���� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
- INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: May 2, 2008
Subject: Augusta's Night-Time Sound Levels
As requested, I performed sound metering at Augusta's on Friday night, May 2, 2008. I arrived at the
prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:48PM, 11:02PM and 11:12PM.
Readings were taken while music was being played at or near the property line in a prescribed
� �anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds with remarkable variations are involved. The most retevant
data collected includes the lowest and highest sound levels that occurred durinp the test as well as
the overall average.
� If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny Terfehr
Code Compliance Officer
4ttachment: Sound Meter Reports
I
One Hour Reading pp 0119
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C:\Documents and Settings\DavidEnvin\Local Settings\Temporary Internet Files\ContenLOutlook\GPS7CUOC\Augustas meter memo OS-02-08.doe
i--�—� CITY OF PALM DESERT
� �
COMMUNITY DEVELOPMENT
INTEROFFICE MEMORANDUM
To: Hart Ponder Jr., Code Compliance Manager
From: Johnny Terfehr, Code Compliance Officer
Date: May 3, 2008
Subject: Augusta's Night-Time Sound Levels
As requested, I performed sound metering at Augusta's on Saturday night, May 3, 2008. I arrived at
the prescribed location, across from Augusta's on the south side of Larrea Street.
I took one (1) one-hour A-weighted measurement, starting at 10:30PM.
I took three (3) ten-minute A-weighted measurements, starting at 10:39PM, 10:51 PM and 11:06PM.
Readings were taken while music was beinq plaved at or near the property line in a prescribed
� anner that would produce a fair and accurate representation of the sound levels. Pursuant to
P.D.M.C. 9.24.030, sound levels in the commercial zone cannot exceed a one-hour average of 65
decibels prior to 10:00 p.m. and a one-hour average of 55 decibels after 10:00 p.m.
The Ono Sokki sound meter utilizes a "Percentile Sound Pressure Level Measurement" method
where when the time period in which time-variable sound levels exceed a certain level occupying "X"
percent of the actual measurement time, that level is called the; percentile sound pressure level (Lx).
By measuring the percentile sound pressure level, it becomes possible to evaluate environments in
which irregular sound levels or sounds wi#h remarkable variations are involved. The most relevant
data collected includes the lowest and highest sound levels that occurred during the test as well as
the overall average.
If staff can be of further assistance, please let me know. I am available to answer any questions.
Johnny Terfehr
Code Compliance Officer
Attachment: Sound Meter Reports
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One Hour Reading PD 0121
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C:\Documents and Settings\David.Erwin\Local Settings\Temporary Inlernet Files\Content.0utlook\GPS7CUOC\Augustas meter memo OS-03-08.doe
�
C1TY �F PAE.M DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMIStON STAFF REPORT
REQUEST: Consideration af an appeai of a Planning Commission decision
amending an appraved Conditional Use Permit to eliminate nightiy
music entertainment in the outdoor dfning patia area of the Augusta's
Restaurant (Augusta's). Subjec# property is iocated at 73-995 EI
Paseo (APN: 627-272-005a.
SUBMITTED BY: Ryan Stendell
Associate Planner
� CASE NO:
CUP 96-15
DATE: May 15, 2008
I. RECOMMENDATION:
� Waive further reading and adopt Resolutian No. ; denying the appeal and
reaffirming the decision of the Planning Commission dated January 15, 2008.
1t. DISCUSSIUN:
At its meeting of January 15, 2008 the Planning Cammission approved a
madification to the existing Conditiona! Use Permit (CUP) for Augusta's
Restaurant which eliminated autdoor amplified music. Augusta's Restaurant
appealed #hat decision to the Ciry Council fior review. Attached is a detailed
� package of all cor;espondence rela►ir�g to this �a�E.
Submitted By: Department Head:
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Ryan Stendelf Lauri Aylaian
Associate Pianner Director, Community Development
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� ACM, Devgtoprnent Services
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