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SR - CUP - Augusta's - 5/15/08
CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISION STAFF REPORT REQUEST: Consideration of an appeal of a Planning Commission decision amending an approved Conditional Use Permit to eliminate nightly music entertainment in the outdoor dining patio area of the Augusta's Restaurant (Augusta's). Subject property is located at 73-995 El Paseo (APN: 627-272-005). SUBMITTED BY: Ryan Stendefl Associate Planner CASE NO: CUP 96-15 DATE: May 15, 2008 I. RECOMMENDATION: Waive further reading and adopt Resolution No. 08-31 ; denying the appeal and reaffirming the decision of the Planning Commission dated January 15, 2008. II. DISCUSSION: At its meeting of January 15, 2008 the Planning Commission approved a modification to the existing Conditional Use Permit (CUP) for Augusta's Restaurant which eliminated outdoor amplified music. Augusta's Restaurant appealed that decision to the City Council for review. Attached is a detailed package of all correspondence relating to this case. Ryan Stendell Associate Planner Approval. i b homer Croy; ACM, Devopment Services Department Head: Lauri Aylaian Director, Community Development ADJOURNED REGULAR PALM DESERT CITY COUNCIL MEETING MAY 15, 2008 VI. PUBLIC HEARINGS A. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION, AMENDING AN APPROVED CONDITIONAL USE PERMIT TO ELIMINATE NIGHTLY MUSICAL ENTERTAINMENT IN THE OUTDOOR PATIO DINING AREA OF AUGUSTA'S RESTAURANT (AUGUSTA'S) LOCATED AT 73-995 EL PASEO (APN 627-272-005) Case No. CUP 96-15, Amendment #3 (Denise Roberge, Augusta Restaurant, Appellant). Rec: Waive further reading and adopt Resolution No. 08-31, denying the appeal and reaffirming the decision of the Planning Commission dated January 15, 2008. With City Council concurrence, recess periods were observed from 12:04 p.m. to 1:16 p.m., 2:26 p to 2:35 p.m., and 4:03 p.m. to 4:15 p.m. Action: By Minute Motion: 1) Stop the amplified music at Augusta's Restaurant; 2) authorize staff to prepare such a resolution to be presented at the next regular City Council Meeting. 4_1 (Ferguson NO) C:IDOCUMENTS AND SETTINGSIGMARTINEZILOCAL SETTINGSITEMPORARY IN2RNET FILESICONTENT.OUTLOOKILMGPQHK105-15-08-ADJ-CC-ACTION.WPD CITY OF PALM DESERT, CALIFORNIA CLERK'S DCIF Y FFICE PALM DESERT, CA APPLICATION TO APPEAt8 JAN 0 AM 9: 02 DECISION OF THE (Name of Determining Body) Case No. q, UP q49-15- Name of Appellant" Address ) ene) f . Description of Application or Matter Considered: Date of Decision: Reason for Appeal (attach additional sheets if necessary): Date Appeal Filed: Phone - - 6 -322 .Z2 S— zz� nature of Appellant) FORc OFFICIAL USE ONLY - a 30- © Fee Received: Treasurer's Receipt No. £-i7c Received by: Date of Consideration by City Council or City Official: `11N4 Action Taken: Date: .09 arex.0 D f Rachelle D. Klassen, City Clerk P,ntn IlseBY H\rklassen\W Pdata\W PDOCS\FO RMS\appl to appeal.wpd Rev 6/29/02