City of Twentynine Palms Planning Commission approves Kitchen in the Desert proposal with some modifications

All four members present at the meeting approved of the new plan for Kitchen in the Desert. Commission Chair Max Walker had an excused absence. The plan includes approval for a slightly smaller outdoor seating area than the current one to make room for a permanent outdoor bar and stage for live music events.

But commissioners did not approve the plan as-written. They elected to add some requirements to the permit for it to be allowed to move forward. Those requirements include a sound monitoring system onsite that would make sure the restaurant was meeting decibel requirements as well as a staff member to make sure the property does not exceed occupancy limits at live music events. The plan also required walls for sound mitigation surrounding the parking lots. The commissioners allowed that the walls are not required if the affected neighbors do not want one. Those changes are because Kitchen in the Desert is located inside a residential area. They will also allow the parking lots to remain unpaved except the actual spaces as long as another material like gravel is used for dust mitigation.

The Commission heard from several people in support of the plan, but one neighbor and his friend brought in video and picture evidence of what they claim is years of violations from the restaurant. Neighbor Francisco Galvez said he’s had sleepless nights because of sound from guests and the restaurant itself.  His complaints included littering, drunken loitering, parking violations, too much noise beyond quiet hours, and a guest urinating outside his house. Galvez was one of only a few to complain to the commission, but Commissioner Alexander Garcia took his complaint seriously due to his own experiences. “I lived by the post office for quite a few years and it was my biggest complaint. And I’m up pretty late most of the time and there was a lot of music going on.” 

Commissioners had questions about what has been done in the past about noise complaints and what can be done in the future. So far, city staff said the city has only given warnings to Kitchen in the Desert about complaints. Part of the issue is that many of the complaints are made after hours.

There is an after hours number people can call for such an issue, but if they do not leave their information in the message, the city cannot follow up with them to verify the complaint. That’s why the commissioners requested the sound monitor to be added to the proposal. “The data will tell the story.”

Both the restaurant owner, Everton Gordon, and landlord, Ashton Ramsey, spoke to the commission. Ramsey lives in an adjacent property and said he’d be happy to help if there were any noise complaints. Gordon said the focus of the restaurant will remain on food service since that is the only feasible income, but he wanted to provide an opportunity for live performers on occasion. He said they plan to hire security for those events. He also said they will include illuminated signs showing where people can and cannot park.

Anyone who feels the permit violates any city ordinance may file an appeal with Community Development Director Keith Gardner within 10 days of the decision. The appeal requires a written statement explaining how the decision violates city code in some way.