Resolution-PC 2002-162~
RESOLUTION NO. PC2002-162
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04612 BE GRANTED
FOR ONE YEAR, TO EXPIRE ON OCTOBER 21, 2003
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
ConditionaE Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1, AS PER MAP RECORDED IN BOOK 143, PAGE 31 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 October 21, 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
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 use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.145 to permit and retain a computer rental and internet
amusement (arcade) business.
2. That the proposed use, under the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is 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.
4. That the traffic generated by the proposed use, which is located in a commercial retail
center, 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
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6 That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
7. That two letters and a petition containing 52 signatures in favor of the proposal were
submitted.
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 4, 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 general welfare of the Citizens of the City of Anaheim:
That the subject use permit shal! expire one (1) year from the date of this resolution.
CR5491 DM -1- PC2002-162
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2. That the hours of operation shall be limited to the following:
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 two (2) employees on site during operating hours.
4. That the number of computer workstations shall be limited to thirty three (33). Said information shall be
specifically shown on plans submitted to the Zoning Division for review and approval.
5. That no exterior vending machines shall be permitted which are visible off-site.
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.
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 lettering 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 shall be adequately illuminated to make easily discernible the conduct
of patrons wifhin tfie premises. Said inf rmafion shalf be specifically shown on the plans submitted for
Zoning Division and Police Department, Community Services Division, approval.
10. That the computer stations shall be open and observable to employees at all times and no partition
walls shall be permitted. Said information shall be specifically shown on plans submitted for Zoning
Division approval.
11. 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 specifically indicated on plans submitted for Zoning Division approval.
12. 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.
13. 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.
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 the adjacent streets or
properties. Said information shall be specifically shown on plans submitted for review and approval by
the Police Department, Community Services Division.
15. That all applicable permits required by Title 3(Business Licenses) and Title 4(Business Regulation) of
the Anaheim Municipal Code shall be obtained from the Business License Division of the City of
Anaheim Finance Department.
16. That all signs shall conform to the CL (Commercial Limited) Zone. Any additional signage shall be
subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be
appealed to the Planning Commission for review a~d approval as a"Reports and Recommendations"
item.
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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 there shall be a camera/video surveillance recording system capable of delineating, on playback of
the system, the activity and physical features of persons or areas within the premises. The system shall
cover all entrances and exit points, in and about the premises, the property directly adjacent to the entry
and exit doors, and all interior spaces. The system shall be subject to inspection by the City of Anaheim
during business hours any day of the week. The system shall be maintained in good working order at
all times.
19. That at least one (1) state-licensed security guard shall be on the business premises at all times, seven
(7) days a week, during the hours of darkness.
20. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 4, 8, 9, 10, 11, 12,
13, 14, 15, 17 and 18, above-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
21. 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 applicant's compliance with each
and afl of fhe conditions hereinabove set for~h. Should any such condifion, 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
October 21, 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 October 21, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BRISTOL, EASTMAN
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this Jr ~ da of
Y
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION