HomeMy WebLinkAboutRES. No. 08-44 RESOLUTION NO. 08-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REQUEST TO AMEND
THE EXISTING CONDITIONAL USE PERMIT TO EL(MINATE
NIGHTLY fAMPLIFIED MUSIC IN THE OUTDOOR DINNING PATIO
AREA OF AUGUSTA RESTAURANT LOCATED AT 73-995 EL .
PASEO DRIVE.
CASE NO. CUP 96-15 Amendment No. 3 (Modified)
WHEREAS, the City Council of the City of Palm Desert, California, did on the 15th day of
May, 2008, hold a duly noticed public hearing to consider the above mentioned use; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No.
06-78," in that the Director of Community Development has determined that the project is a
Class 3 Categorical Exemption for purposes of CEQA and no further documentation is
necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony,
documentary evidence and arguments, if any,of all interested persons desiring to be heard,said
Council did find the following facts and reasons to existto justify the granting of said amendment
to the conditional use permit:
I. Augusta has consistentiy failed to comply with the conditions of approval of CUP 96-15
and the Palm Desert Municipa! Sound Ordinances, 9.24 et.seq. in that:
A. Augusta Restaurant has on numerous occasions during 2007 and 2008 caused,
through its use of outdoor amplified music, disturbing, excessive and/or offensive
noise which has resulted in discomfort and/or annoyance to reasonable people of
normal sensitivity residing in the area surrounding the Augusta Restaurant in
violation of Municipal Code § 9.24.040.
1. Over the last several years there have been numerous neighborhood
complaints.
2. At the hearing, the fo(fowing neighbors testified that they had been
disturbed and/or annoyed by the outdoor amplified music at Augusta's:
a. Brian Harnik -1TY COUNCIL�TTON:
�:t PROVED DENIED
b. Marian Royston RECEIVED OTHER �}��C�
c. Charles Hazard � C, --
d. Joe Litjens N1�FTING D��TE �� �,a•G �
e. Don Melvin ��ES: �r� -
f. Beverly Buries p10LS• �,
ABSENT• �
ABSTAIN• �j
RMI�IT\MMUELLER\297403.1 VE�RIFIED BY� L�
Original on File wi� City C].erk's Office�
3. Members of the City of Palm Desert Code Enforcement/Planning Staff,
including speci�cally Hart Ponder, Shawn M. Kilpatrick, Ryan Stendell and
Johnny Terfehr, have conducted independent personal observations of the
impact of the amplified music played at Augusta Restaurant, and have
observed that the noise was disturbing, excessive and/or offensive and
would, in the opinion of the staff, cause discomfort or annoyance to a
reasonable person in the observed areas.
B. Augusta Restaurant has played outdoor amplified music at various times during
2007 and/or 2008 after 11:30 p.m. in violation of the conditions of approval of
Augusta's Conditional Use Permit, CP #96-15.
C. Members of the Code Compliance/Planning Staff at the City have taken sound
measurements of the outdoor amplified music at Augusta Restaurant, including
one hour A-Weighted Sound Readings. Those readings showed numerous
instances where Augusta's Restaurant sound level after 10:00 p.m.exceed 55 db,
including, but not limited to the following:
November 2, 2007(58.92 db), December 15, 2007(57.42 db), December 22,2007
(58.31 db), January 12, 2008 (55.45 db), February 16, 2008(56.24 db), February
23, 2008 (56.46 db), February 29, 2008 (55.47 db), March 1, 2008 (56.21 db),
March 8, 2008 (58.22 db), March 14, 2Q08(56.92 db), March 15, 2008(58.45 db),
March 21, 2008(56.03 db) March 28, 2008(59.76 db), March 29,2008(56.19 db),
April 3, 2008 (56.15 db), April 4, 2008 (56.93 db), April 5, 2008 (55.65 db), April
10, 2008 (55.03 db),April 11, 2008 (56.24 db),April 12, 2008 (56.64 db),April 18,
2008 (55.23 db),April 19, 2008(56.33 db),April 25,2008(58.65 db), May 3, 2008
(56.83 db), May 9, 2008 (57.82 db) and May 10, 2008 (56.83 db).
II. The continued playing of outdoor amplified music at Augusta Restaurant jeopardizes
the right of residents of the City of Palm Desert to an environment on and surrounding
their property in which noise is not detrimental to their life, health or enjoyment of such
property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Ciry Council in this case.
2. That approval of Conditional Use Permit 96-15 Amendment No. 3 (Modified) is
hereby granted, subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 15th day of May, 2008, by the following vote, to wit:
AYES:
RMLIT\MMLiELLER\297403.1 `Z
NOES:
ABSENT:
ABSTAIN:
Jean M. Benson, Mayor
ATrEST:
Rachelle Klassen, City Clerk
Palm Desert City Council
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CONDITIONS OF APPROVAL
CASE NO. CUP 96-15 Amendment No. 3 (Modified)
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 property described herein shall be subject to the restrictions and
limitations set forth herein which are in addition to all municipal ordinances and state and
federal statutes now in force, or which hereafter may be in force.
3. Music on the outdoor patio area of the Augusta's Restaurant shall be limited to non-
amplified music and be consistent with Chapter 9.24 of the Palm Desert Municipal Code.
4. The outdoor music shall be limited to 11:30 p.m. and shall comply with the noise sound
level limits for residential properties prescribed Chapter 9.24 of the City Municipal Code.
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