Resolution-PC 2012-054RESOLUTION NO. PC2012 -054
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2012 -05615
(DEV2012- 00066)
(3248 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05615 to
permit an intemet cafe on that certain 1.52 -acre parcel of land commonly known as 3248 West
Lincoln Avenue in the City of Anaheim (the 'Property "); and
WHEREAS, this property is developed with a commercial shopping center
located in the General Commercial zone and the Anaheim General Plan designates the property
for Commercial land uses: and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 27, 2012, at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 the Anaheim Municipal Code, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, this Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request to permit an intemet cafe should be approved
for the following reasons:
1. The request to permit an intemet caf6 is properly one for which a conditional use
permit is authorized under Code Section Nos. 18.08.030.040.0402 (Uses) of the Anaheim
Municipal Code.
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2. The operation of the intemet cafe will not adversely affect the adjoining land uses
or the growth and development of the area in which it is proposed to be located because the use
is entirely within an existing building with no outside activities and it is compatible with existing
commercial uses.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because this use will be located within an existing tenant space of an established commercial
center.
4. The traffic generated by the internet caf6 will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
proposed intemet caf6 will not generate additional traffic in the area. The granting of the
conditional use permit will not be detrimental to the health and safety of the citizens of the City
of Anaheim because the use is similar to commercial uses in the area and activities would occur
entirely within the existing tenant space.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2012 -05615 and subject to the
conditions of approval described in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
subject Property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim. Extensions for further time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
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BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within fifteen (15) days of
the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 27, 2012. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY 14,ANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on August 27, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of August, 2012.
Gam_
SENIOR SECkET'ARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00066
L_
APN: 135- 312 -20
W LINCOLN AVE
135'
0
N
130' io
n
?2 m
266'
z
0
w
= W CABOT DR
U
Fâ
N
W
W DEL MONTE DR
® Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT °B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2012-05615
(DEV2012- 00066)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
GENERAL
1
Hours of operation shall be limited to 10 am â 2 am
Police Department
Sunday thru Thursday and 10 am - 4 am Friday and
Saturday.
2
The windows of said establishment may not be
Police Department
covered or blocked in any way. This would include
curtains, drapes, or dark tinting. There must be clear
visibility into the establishment at all times.
3
The activities occurring in conjunction with the
Police Department
operation of this establishment shall not cause noise
disturbance to surrounding properties.
4
Minors may not enter or remain in the Internet Cafd
Police Department
after 10 p.m.
5
The rear door of the intemet caf6 business shall
Code Enforcement
remain closed except in the event of an emergency.
6
No patron parking for the intemet facility shall be
Code Enforcement
permitted on the south side of the building adjacent
to the alley.
7
That approval of this application constitutes
Code Enforcement
approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning
Code and any other applicable City, State and
Federal regulations. Approval does not include any
action or findings as to compliance or approval of
the request regarding any other applicable
ordinance, regulation or requirement.
8
The property shall be developed substantially in
Planninv
accordance with plans and specifications submitted
to the City of Anaheim by the applicant and which
plans are on file with the Planning Department
marked Exhibits Nos.I and 2 (Site Plan and Floor
Plans) and as conditioned herein.
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