Resolution-PC 2001-145~
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RESOLUTION NO. PC2001-145
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04440 BE GRANTED
FOR THREE (3) YEARS TO EXPIRE ON SEPTEMBER 24, 2004
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP RECORDED IN BOOK 51 PAGE 11 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE NORTH 66.00 FEET THEREOF AS CONVEYED TO THE STATE
OF CALIFORNIA BY DEED RECORDED JANUARY 20, 1956 IN BOOK 3362
PAGE 306 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
A~SO EXCEPT THE W€~T 19Q.00 FEET O.F THE-NORTN 216.00_FEET
THEREOF.
ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF.
ALSO EXCEPT THE EAST 129.30 FEET THEREOF.
ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216.00 FEET
THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001 at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Ulunicipal Code,
Chapter 18.03, 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, said 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,
does find and determine the following facts:
1. That the proposed internet caf~ in conjunction with on-site computer rental, cellular
phone and accessory sales, non-alcoholic drinks and miscellaneous snacks within an existing commercial
retail center is a use that is not listed in the Zoning Code as being a permitted use and is, therefore,
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.03.030.010.
2. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
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4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be
detrimentai to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and
that no alcoholic beverages are proposed to be sold from the premises.
6. That the property provides adequate ingress and egress from public streets, adequate
on-site vehicular circulation and adequate parking for employees and customers patronizing the
combined uses on the property thereby allowing full development of the proposal in a manner which is not
detrimental to the area.
7. That no one indicated their presence at said public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNfA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety-and ge~eraE we#aFe of ~he CE~EZe~s of-~he City of Aaaheim:
That the subject use permit shall expire in three (3) years from the date of this resolution, on
September 24, 2004.
That the hours of operation shall be limited to the following:
Sunday through Thursday: 10 a.m. to 2 a.m.
Friday and Saturday: 10 a.m. to 4 a.m.
3. That the number of computer work stations within the cafe shall be limited to fifty (50).
4. That no exterior vending machines visible to any public right-of-way shall be permitted.
5. That food sales shall be limited to vending machines located inside the building. No prepared food
shall be permitted.
6. That no alcoholic beverages shall be consumed or sold on the premises.
7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m.
without parent or guardian supervision.
8. That the interior of the business shall be adequately illuminated to make easily discernible the
conduct of patrons within the premises. Said information shall be specifically shown on the plans
submitted for Zoning Division and Police Department approval.
That the computer stations shall be open and observable to employees at all times and no partition
walPs shall be permitted.
10. Proposed Condition No. 10 was deleted at the September 24, 2001 public hearing.
11. Proposed Condition No. 11 was deleted at the September 24, 2009 public hearing.
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12. That there shaif be no public telephones on the premises located outside the building.
13. That there shall be no seating areas or tables other than the computer workstations and the six (6)
seats shown on Exhibit No. 2, approved by the Planning Commission.
14. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties. Said information shall be specifically shown on plans submitted for review and approval
by the Police Department.
15. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
16. That the proposal shall comply with all signing requirements of the CL "Commercial, Limited" Zone
unless a variance allowing sign waivers is approved by the Planning Commission.
17. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
18. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 8 and 14, above-mentioned, shall be complied with. Extensions for further time
ta complete saic~ eortc~itio~ts rt}ay be gFant~d in accordanc~with Sectioa 18-_03.Q90 of the Anabeim _
Municipal Code.
19. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition No. 17, above-mentioned, shall be
complied with.
20. That approval of this application constitutes 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
Septembe~ 24, 2001. ,
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
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1 ~" IN WITNESS WHEREOF, I have hereunto set my hand this ~- 3 day of
~Gta vtr , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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