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<br />PLANNING COMMISSION CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. PC-96-05 <br /> <br />RESOLUTION APPROVING THE APPLICATION OF COMET CYBERCENTRE <br />(BRETT HALLE, JEFF GOBEL) FOR A CONDITIONAL USE PERMIT TO <br />OPERATE AMUSEMENT DEVICES, AS FILED UNDER CASE UP-95-83 <br /> <br />WHEREAS, Comet CyberCentre has applied for a conditional use permit to operate <br />amusement devices at 1991 Santa Rita Road, Suite "E"; and <br /> <br />WHEREAS, zoning for the property is Central Commercial (C-C) District; and <br /> <br />WHEREAS, at their duly notice public hearing of January 24,1996, the Planning Commission <br />considered all public testimony, relevant exhibits, and recommendations of the <br />City staff concerning this application; and <br /> <br />WHEREAS, the Planning Commission made the following findings: <br /> <br />A. The proposed location of the conditional use is in accordance with the <br />objectives of the zoning ordinance and the purpose of the district in which <br />the site is located. <br /> <br />The Zoning Ordinance defines a "game arcade" as "any business which <br />provides for public use two or more commercial amusement devices as <br />defined by Section 6.04.010 ofthis code, or any business with fewer such <br />devices where their operation is the primary business function." <br />Amusement devices are defined as "any machine, apparatus, appliance or <br />device now or in the future known which may be operated or played upon, <br />and as a result of the play, action or operation of such machine, apparatus, <br />appliance or device, whether by skill or by chance, a score or result of <br />such play, action or operation is in any way recorded, exhibited or made <br />known, including, but not limited to, tape machine, card machine, marble <br />game machine, horse racing machine, football game machine, basketball <br />machine, baseball game machine, pool game machine, video game <br />machine, or any other similar machine or device." <br /> <br />The applicants have applied for a conditional use permit. In order for the <br />business to operate, it must do so in accordance with use permit conditions <br />of approval. The subject proposal has been conditioned such that ifthe <br />operation of the use results in conflicts pertaining to parking, noise, traffic, <br />or other impacts, at the discretion ofthe Planning Director, the use permit <br />may be submitted to the Planning Commission for subsequent review at a <br />