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HomeMy WebLinkAboutCC RES 82-013CITY COUNCIL RESOLUTION NO. 82- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT FOR PROPERTY AT 73-155 HIGHWAY 111. CASE NO. CUP 09-78 (AMENDMENT) WHEREAS, the City Council of the City of Palm Desert did on the 11 th day of , February hold a duly noticed public hearing to consider an appeal to a decision of the Planning Commission wherein STRAW HAT PIZZA OPERATIONS, was given approval of an amendment to an existing Conditional Use Permit to allow an electronic games arcade in conjunction with a restaurant in the C-1 S.P. zone at 73-155 Highway 1 i 1; and WHEREAS, the Planning Commission by Resolution No. 774 approved the application subject to conditions; and 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 that the project is a Class 1 Categorical Exemption and no further documentation is deemed necessary; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit Amendment: 1. The proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2. The proposed location of the Conditional Use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed Conditional Use will comply with each of the applicable provisions of this title, except for approved variances or adjustments. 4. The proposed Conditional Use complies with the goals, objectives and policies of the City's adopted General Plan. 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 Council in this case. 2. That approval of an amendment to Conditional Use Permit 09-78 (Amendment) 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 11 th day of February, 1982, by the following vote, to wit: AYES: McPherson, Puluqi, Snyder ac Wilson NOES: Newbrander ABSENT: None ABSTAIN: None ATTEST: SHEILA . GIL AN, CITY RK CITY OF PALM DESERT, C IFORNIA /pa . CITY COUNCIL RESOLU'i'ION N0.82- 13 CONDITIONS OF APPROVAL CASE NO. CUP 09-78 (AMENDMENT) 1. Hours of operation for the arcade area to be same as those for restaurant. 2. This approval shall be valid for a six (6) month period commencing from the time the new area is utilized. At the end of this trial period, the permit will be reviewed by the Planning Commission and if conditions warrant, extended, modified or revoked. 3. If at any time, significant problems develop arising from the operation of the proposed use, a duly noticed public hearing will be scheduled before the Planning Commission to consider revocation of this Conditional Use Permit. 4. Security personnel shall be present at all times during operation. 5. There shall be no food or beverages served or permitted in the arcade area. 6. Entrance into the arcade area shall be provided through the restaurant area only. No direct entrance into the arcade area from outside of the building shall be permitted. . . 7. _ The applicant - shall maintain �the parking area around. his building in a clean and orderly manner. /pa � -2-