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HomeMy WebLinkAboutRes No 784PLANNING COMMISSION RESOLUTION NO. 784 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT RELATING TO AMUSEMENT ARCADES. CASE NO. ZOA 02-82 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of February, 1982, hold a duly noticed public hearing and continued hearing on the 2nd day of March, 1982, to consider proposed amendment of the Municipal Code relating to amusement arcades; WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined the project to be a Class 5 Categorical Exemption; and, WHEREAS, at said public hearing, upon hearings and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment: 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment is consistent with the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A". PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of March, 1982, by the following vote, to wit: AYES: CRITES, MILLER, KRYDER NOES: NONE ABSENT: NONE ABSTAIN: WOOD, RICHARDS GEORD. KRYDE irman ATTEST: 7?-v,,,- - A " 'RAMON A. DIAZ, Secre ary /lr PLANNING COMMISSION RESOLUTION NO. 784 EXHIBIT A 25.04.041 Amusement Arcade. Any business having five or more mechanical or electronic games as defined herein Section 25.04.541. 25.04.541 Mechanical or Electronic Game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefore either in advance of or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horseracing machine, basketball game machine, baseball game machine, football game machine, electronic video game, or any other similar machine or device. Amend Section 25.28.030 (c) under Conditional Uses to read: "Amusement and recreation establishments including but not limited to theater, and amusement arcades." Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding: "Amusement and recreation establishments including but not limited to theater, and amusement arcades." In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b): 1. All businesses presently having five or more mechanical or electronic games shall either apply for a conditional use within six months of the date of ordinance, or reduce the number of said games to five. 2. If applicant is refused a Conditional Use Permit, individual shall reduce the number of said games to five within sixty days of denial of permit request.