HomeMy WebLinkAboutPC Resolution _6377- Case 13-067 LUPRESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA DENYING AN
APPEAL BY JUDY DEERTRACK AND UPHOLDING THE
DECISION OF THE DIRECTOR OF PLANNING SERVICES
TO APPROVE LUP 13-067; ALLOWING ACCESSORY
OUTDOOR ENTERTAINMENT / MUSICIANS AT AN
EXISTING RESTAURANT LOCATED AT 1555 SOUTH
PALM CANYON DRIVE.
WHEREAS, on September 24, 2013, Miggy's Cantina, LLC, doing business as
Hacienda Cantina submitted a Land Use Permit application (Case 13-067) requesting
approval to allow outdoor entertainment and musicians as an accessory to an existing
restaurant space at 1555 South Palm Canyon Drive, zone C-1 / PD 131; and
WHEREAS, Sections 92.12.01(C)(2)(j) of the Palm Springs Zoning Code allows
musicians / entertainment as an accessory to primary uses within the C-1 zone with the
approval of a Land Use Permit, and Section 94.02.01(D)(3) grants the Planning Director
authority to conduct an investigation and render .a decision on all Land Use Permits;
and
WHEREAS, on November 27, 2013, the Planning Director issued the approval of Land
Use Permit 13-067; and
WHEREAS, on December 5, 2013, Judy Deertrack filed an appeal of Case LUP 13-
067; and
WHEREAS, on January 8, 2014, the Planning Commission conducted a public review
of the appeal request, including all of the evidence presented in connection with the
matter, including, but not limited to, the staff report prepared on the matter, and all
written and oral testimony presented; and
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: That the decision by the Director of Planning Services to approve the
Land Use Permit request to allow musicians / entertainment as an accessory to a
restaurant use within the C-1 zone is one properly authorized by Section
92.12.01(C)(2)(j) of the Palm Springs Zoning Code.
Section 2: That the conditions imposed by Land Use Permit 13-067 are necessary to
insure the proposed use is compatible with adjacent properties and the community.
Section 3: That an additional condition be added as follows: City staff shall track noise
complaints as received from the Police Department and Code Enforcement and
provide annual report beginning from opening of the business.
Planning Commission Resolution No. 6377
Case LUP 13-067 Hacienda Cantina
January8, 2014
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby rejects the appeal and upholds the decision of the Director of
Planning Services to approve Case LUP 13-067 as conditioned.
ADOPTED this 8" day of January 2014.
AYES: 4, Commissioner Calerdine, Commissioner Klatchko, Commissioner
Roberts and Chair Donenfeld
NOES: None
ABSENT: 3, Commissioner Lowe, Commissioner Weremiuk and Vice -Chair Hudson
ABSTAIN: None
ATTEST:
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10. rgo heeler, AICP
Director of Planning Services
CITY OF PALM SPRINGS, CALIFORNIA
1701
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