HomeMy WebLinkAbout18387 - RESOLUTIONS - 5/18/1994 RESOLUTION NO. 18387
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING CASE 5 . 0665-CUP
TO ALLOW A FAMILY AMUSEMENT CENTER AT THE
PLAZA AT SUNRISE, 555 SOUTH SUNRISE WAY, CDN
ZONE, SECTION 23 .
' WHEREAS, a City Council member of the City of Palm Springs has
filed an appeal of the Planning Commission approval of Case 5. 0665-
CUP to allow a family amusement center at the Plaza at Sunrise, 555
South Sunrise Way, CDN zone, Section 23 ; and
WHEREAS, the Planning Commission considered the application at a
duly noticed meeting held on April 27, 1994 ; and
WHEREAS, the Planning Commission approved the Conditional Use
Permit subject to a number of conditions attached as Exhibit
and
WHEREAS, the subject property and the approved use comply with
property development standards of the Neighborhood Shopping Center
district; and
WHEREAS, notice of a public hearing of the City Council of the City
of Palm Springs to consider the appeal for Conditional Use Permit
5 . 0665 was held on May 18, 1994 , in accordance with applicable law;
and
WHEREAS, the City Council has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the
project, including but not limited to the staff report, all written
' and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council that this
project is Categorically exempt from California
Environmental Quality Act Guidelines.
Section 2 : Pursuant to Zoning Ordinance Section 9402 . 00, the
City Council finds that:
a. The use applied for at the location set forth in the
application is properly one for which a conditional use permit
is authorized by the City's zoning ordinance.
b. The use applied for is necessary or desirable for the
development of the community, and is not detrimental to the
existing or future uses specifically permitted in the zone in
which the proposed use is to be located.
C. The proposed use is consistent with the General Plan and
will complement existing and proposed uses in the vicinity.
d. The site for the intended use is adequate in size and
shape to accommodate said use, including yards, setbacks,
' walls or fences, landscaping and other features required in
order to adjust said use to those existing or permitted future
uses of the land in the neighborhood.
e. The site for the proposed use relates to streets and
highways properly designed and improved to carry the type and
quantity of traffic to be generated by the proposed use.
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Page 2
f. The conditions to be imposed are deemed necessary to
protect the public. health, safety and general welfare, of the
existing neighborhood in which this project is situated:
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
City Council hereby upholds the Planning Commissions's approval of '
Case 5. 0665-CUP subject to those conditions set forth in the
attached Exhibit A, which are to be satisfied prior to the issuance
of a Certificate of Occupancy unless otherwise specified.
ADOPTED THIS 18th day of _May , 1994
AYES: Members Hodges, Lyons, Reller-Spurgin, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST: CI OF PALM SP S, CALI:FORNIA
By
City Clerk City Ma agh er
REVIEWED & APPROVED
RESOLUTION NO. 18387
EXHIBIT A
CASE 5. 0665
CONDITIONS OF APPROVAL
That the proposed development of the premises shall conform to
all applicable regulations of the Palm Springs Zoning
Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district
regulations.
Ia. That the owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from
any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set
aside, void or annul, an approval of the City of Palm Springs,
its advisory agencies, or legislative body concerning Case
5 0665, PDJ83 • The City of Palm Springs will promptly notify
the permittee of any such claim, action, or proceeding against
the city of Palm Springs and will cooperate fully in the
defense. If the City of Palm Springs fails to promptly notify
the permittee of any such claim, action or proceeding or fails
to cooperate fully in the defense, the permittee shall not,
thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs.
2 . That separate architectural approval and permits shall be
required for all signs and any proposed sign shall follow the
sign program approved by Planning Commission for the shopping
center.
3 . No outside storage of any kind shall be permitted except as
approved as a part of the proposed plan.
4 . That no noise or vibration generating games shall be allowed
beyond the outer perimeter of the leased space. In addition,
the project shall operate in compliance with Chapter 11.74 of
the Municipal Code.
5. That security fencing shall be installed at the rear of the
building as approved by the Fire Department and Planning and
Zoning.
6. That operator shall provide on-site security and shall keep
customers and/or visitors from loitering in the parking area.
If problems and/or complaints arise, the operator shall
provide additional security as required by the Chief of Police
and Director of Planning and Zoning. In the event the
recommended security measures are not implemented or fail to
resolve the issue, the Director may schedule the matter for
public hearing before Planning Commission to consider
modifying or revoking the CUP.
7 . That the property owner designate certain areas of the parking
' lot as approved by the Director of Planning & Zoning for time
limit only.
8 . That the owner install bicycle racks at strategic locations
within the complex as approved by the Director of Planning &
Zoning.
POLICE DEPARTMENT:
10. Developer shall comply with Section II of Chapter 8. 04 of the
Palm Springs Municipal Code.
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BUI7LDING DEPARTMENT:
11. Prior to any construction on-site, all appropriate permits
must be secured.
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