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HomeMy WebLinkAboutORD 736ORDINANCE N0. 736 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT- TO THE ZONING ORDINANCE TEXT TO ADD A DEFINITION OF "FAST FOOD RESTAURANT". CASE NO. ZOA 93-2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th day of January, 1994, hold a duly noticed public hearing to consider the amendment to the zoning ordinance as described above; and WHEREAS, the Planning Commission, by adoption of Resolution No. 1633, has recommended approval; 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. 80-89," in that the director of community development has determined the amendment to be a class 5 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the 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 and affected specific plans. 3. That the zoning ordinance amendment would better serve the public health, safety, and general welfare than the current regulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2. That it does hereby approve a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Section 25.04.684. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. ORDINANCE NO. 736 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 27th day of January , 1994, by the following vote, to wit: AYES: CRITES, KELLY, SNYDER, WILSON i NOES: NONE ABSENT: BENSON ABSTAIN: NONE ROY WILSM, ` Mayor ATTFST: _ / SHEILA R. GI,LLIGAN, /City Clerk / City of Palm Desert; California 2 ORDINANCE NO. 736 EXHIBIT "A" Section 1 That section 25.04.684 be added to define a fast food restaurant as follows: 25.04.684 "Restaurant, fast food" Fast food restaurant is a restaurant that sells food products primarily over a counter rather than by waitress or waiter; packages its food in wrappers, boxes or cartons regardless of whether the food is consumed on or off the restaurant premises; and sells at least 40% of its food products on a "take-out" or "to go" basis. Delivered food items shall not be counted in the "take out" or "to go" category. 3