Resolution-PC 2002-129~
RESOLUTION NO. PC2002-129
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04584 BE GRANTED
FOR A PERIOD OF ONE (1) YEAR, TO EXPIRE SEPTEMBER 9, 2003
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:
PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED 1N BOOK 120,
PAGES 22 AND 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 26, 2002 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 Municipal 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 that the hearing was
continued to the September 9, 2002 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
- itsel# and in-its b~half, and-afteK due consideratio~ of all evidence and_reports offered_ at said hearing,_
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.145 to permit a computer rental and internet amusement
(arcade) business.
2. That the proposed use, which will be located in the CL(SC) (Commercial, Limited -
Scenic Corridor Overlay) Zone, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
4. 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.
5. 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.
6. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that a letter in opposition to the proposal was received from the principal of Canyon High School.
CALIFORNIA 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(Existing Facilities), 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
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hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That the subject use permit shall expire one (1) year from the date of this resolution.
2. That the hours of operation shall be limited to:
Sunday through Thursday: 10 a.m. to 10 p.m.
Friday and Saturday: 10 a.m. to 12 midnight
3. That there shall be a minimum of finro (2) employees on site during operating hours.
4. That the number of computer workstations shall be limited to forty two (42). Said information shall
be specifically shown on plans submitted for Zoning Division approval.
5. That no exterior vending machines which are visible off-site shall be permitted.
6. That no food shall be prepared on-site.
7. That no alcoholic beverages shall be consumed or sold on the premises.
8. That minors may not enter or remain in the establishment on any weekday between 8 a.m. and 3
p.m.; provided, however, that this restriction shall not apply on any school vacation day or holiday
as established by any public or private school (kindergarten through grade twelve) operating within
one (1) mile of this site. _Additionally, minors may not enter or remain in the establishment after 9
p.m. on any day of the week. Notice of the above-stated prohibition relating to the presence of
minors shall be posted by the owner/operator at the entrance in leftering at least two (2) inches in
size. This prohibition shall not apply when a minor is accompanied by a parent or guardian (with the
guardian being able to authenticate guardianship).
9. That the interior of the business premises shall be adequately illuminated to make easily discernible
the conduct of patrons within the premises. Said information shall be specifically shown on plans
submitted for Zoning Division and Police Department approval.
10. That the doors on the south elevation (facing Santa Ana Canyon Road) shall be the only access to
the unit; and that the rear access door shall remained closed and may be used for emergency
egress only. Said information shall be specified on plans submitted for Zoning Division approval.
11. That the computer stations shatl be open and observable to employees at all times and no partition
walls shall be permitted, Said information shall be specifically shown on plans submi##ed for Zoning
Division approval.
12. That all windows and entrances into the business shall be clear and unobstructed, so as to allow an
unimpaired line-of-sight by a peace officer into the interior of the business during business hours.
Said information shall be specified on plans submitted for Zoning Division approval.
13. That there shall be no seating areas or tables other than the computer workstations and
waiting/lobby area as shown on Exhibit No. 2. Said information shall be specifically shown on plans
submitted for Zoning Division approval.
14. That trash storage area(s) shall be refurbished to comply with approved plans on file with the Public
Works Department. Said information shall be shown on plans submitted for Public Works
Department, Streets and Sanitation Division, approval.
15. 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
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properties. Said information shall be specifically shown on plans submitted to the Police Department
for review and approval.
16. That prior to commencing operation of this business, all applicable City permits required by Title 3
(Business Licenses) and Title 4(Business Regulation) shall be obtained from the Business License
Division of the City of Anaheim Finance Department.
17. That the proposed wall sign shall be reduced in size to comply with all signing requirements of the
CL(SC) Zone unless the Planning Commission approves a variance allowing sign waivers. Any
additional signage shall be subject to review and approval by the Planning Commission as a
"Reports and Recommendation" item.
18. (a) 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, 2 and 3, and as conditioned herein; and
(b) That within a period of one (1) month from the date of this resolution, the landscaping required
under Condition No. 15 of Resolution No. PC98-173, adopted in connection with Conditional
Use Permit 4070 (which established conformiry with existing Zoning Code land use
requirements for the commercial center in which the proposal is located), shall be installed.
Said Condition No. 15 reads:
"That fhe applicant shall meet with Zoning Division staff to determine fhe number of trees that
shall be planted along Sanfa Ana Canyon Road and /mperial Highway in order to be in
-- - complia~E~ wifh current ~oning Code-cequicements. Said frees shall then be installed, and _
properly irrigafed and maintained thereafter."
19. That video surveillance cameras to monitor the activities inside the facility shall be shown on plans
submitted to the Police Department, Community Services Division, for review and approval. A sign
shall be posted inside at the entrance to the establishment indicating that the premises are under
camera/video surveillance.
20. That at least one (1) state-licensed security guard shall be on the business premises at all times,
seven days a week, during the hours of 6 p.m. until the close of the business.
21. 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. 4, 9, 10, 11, 12, 13, 14, 15, 17, 19 and 24, herein-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Seetion 18.03.090 of the Anaheim Municipal Code.
22. That prior to the commencement of the activity authorized by this resolution or prior fo finai buiiding
and zoning inspections, whichever occurs first, Condition Nos. 8, 16 and 18(a), above-mentioned,
shall be complied with.
23. That approval of this application constitutes approvai ofi 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.
24. That the outside rear of the store shall be designated as a"non-smoking area"; and that this
information shall be specified on plans submitted to the Zoning Division for review and approval.
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,
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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
September 9, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 9, 2002, by the following vote of the members thereof:
- AYES: COMMFSSIONER-S: BOS~1/V-IEK,-BOYD.ST-UN,.BRISIO.L, EASTMAN, ROMERO,VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this z y~ day of
C , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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