Resolution-PC 2002-68•
RESOLUTION NO. PC2002-68
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04538 BE GRANTED
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:
THAT PORTION OF THE EAST HALF OF THE FRACTIONAL NORTHWEST QUARTER
OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, PARTLY IN THE CITY OF FULLERTON, AND PARTLY IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER
SOUTH 89° 42 MINUTES 00 SECONDS WEST 722.00 FEET FROM THE NORTHEAST
CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00° 26 MINUTES 55
SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID NOTHWEST QUARTER
905.00 FEET TO A POINT ON THE CENTERLINE OF DURST STREET; THENCE
SOUTH 89° 42 MINUTES 00 SECONDS WEST PARALLEL WITH THE NORTH LINE OF
SAID NORTHWEST QUARTER 240.66 FEET; THENCE SOUTH 00° 26 MINUTES 55
SECONDS EAST PARALLEL WITH SAID EAST LINE 8.00 FEET; THENCE SOUTH 89°
42 MINUTES 00 SECONDS WEST PARALLEL WITH SAID NORTH LINE 367.02 FEET
TO THE WEST LINE OF THE EAST HALF OF SAID NORTHWEST QUARTER, BEING
THE CENTERLINE OF LEMON STREET; THENCE NORTH 00° 23 MINUTES 25
SECONDS WEST ALONG SAID WEST LINE 660.00 FEET TO A POITN WHICH IS
DISTANT SOUTH 00° 23 MINUTES 29 SECONDS WEST 253.00 FEET FROM THE
NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER;
THENCE NORTH 89° 42 MINUTES 00 SECONDSEAST PARALLEL TO THE NORTH
LINE OF SAID NORTHWEST QUARTER 228.00 FEET; THENCE NORTH 00° 23
MINUTES 25 SECONDS WEST PARALLEL WITH THE WEST LINE OF THE EAST
HALF OF SAID NORTHWEST QUARTER 253.00 FEET TO THE NORTH LINE OF SAID
NORTHWEST QUARTER; BEING THE CENTERLINE OF ORANGETHORPE AVENUE.
THENCE NORTH 89° 42 MINUTES 00 SECONDS EAST ALONG SAID NORTH LINE
378.75 FEET TO THE POINT OF BEGINNING.
SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FlLED 1N BOOK 5,
PAGE 9 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
NOTE: THE LAND DESCRIBED IN INSTRUMENT RECORDED SEPTEMBER 13, 1966
IN BOOK 8045, PAGE 505, OFFICIAL RECORDS, IS THE SAME LAND DESCRIBED
HEREIN.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 6, 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:
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Nos. 18.03.030.010 and 18.45.050.135 to establish land use conformity
with current Zoning Code land use requirements for an existing commercial retail center and to permit
and retain a computer rental/internet access/internet amusement business for the purpose of playing
interactive computer games; and
2. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare; and
3. That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim;
and
4. That the proposed use is properly one for which a conditional use permit is authorized as
an "unlisted use" under Section 18.03.030.010 of the Zoning Code and except for the CG zoning, would
be consistent with the code amendment pertaining to these uses recommended for approval by
Commission on April 22, 2002; and
5. That the proposed use, as conditioned herein, would not adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located. That the
property provides adequate ingress/egress from public streets, on-site vehicular circulation, and adequate
parking for customers and employees patronizing the combined uses on the property and is adequate to
allow the full development of this use in a manner which is not detrimental to the area; and
6. That the proposed use as conditioned herein, would not be detrimental to the peace,
health, safety and general welfare of the citizens of the City of Anaheim; and
7. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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, 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:
ter Rental and Internet Amusement
That the computer rental/internet access/internet amusemenf business shall expire one (1) year frorn
the date of this resolution.
2. That the hours of operation shall be limited to:
Sunday through Thursday: 10 a.m. to midnight
Friday and Saturday: 10 a.m. to 2 a.m.
3. That the number of computer workstations shall be limited to forty (40). Said information shall be
specifically shown on the plans submitted for Zoning Division approval.
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4. That no exterior vending machines which are visible off-site shall be permitted.
5. That food sale shall be accessory to the internet business, and shall be limited to packaged snacks
and/or to vending machines located inside the premises. No food shall be prepared on-site.
6. That no alcoholic beverages shall be consumed or sold on the premises.
7. That no minors (anyone under the age of 18) shall be allowed on the premises during normal school
hours and/or after 10 p.m. without parent/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.
9. That the doors on the west elevation (facing Lemon Street) shall be the only regular access to the
unit; and that the rear access door shall only be used for emergency access only.
10. That the computer stations shall be open and observable to employees at all times; and that no
partition walls shall be permitted. Said information shall be specifically shown on plans submitted for
Zoning Division approval.
11. That no window tinting or other view-obstructing material shall be permitted.
12. That there shall be no public telephone on the premises located outside the building and under
control of the petitioner.
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, approved by the Planning Commission. Said
information shall be specifically shown on plans submitted for Zoning 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 streets or adjacent
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, 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.
16. That the proposal sh~ll comply with all signing requirements of the CG (Commercial, General) Zone
unless the Planning Commission or City Council approves a variance for sign waivers. Any
additional signage shall be subject to review and approval by the Planning Commission as a
"Reports and Recommendation" item.
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 video surveillance cameras to monitor the activities inside the facility shall be shown on plans
submitted for Police Department, Community Services Division, approval. The approved equipment
shall be installed within two (2) months from the date said plans are approved.
19. That at least one (1) state-licensed security guard shall be provided during peak operating hours to
deter unlawful conduct and prevent disturbances to the neighborhood caused by patrons loitering on
or about the premises. Said security guard and the hours of use thereof shall be to the satisfaction
of the Police Department.
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Commercial Retail Center
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20. That all public telephones (existing or proposed) shall be located inside the building, unless an
existing contract/agreement prohibits such telephones from being moved.
21. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted, unless a
Special Event permit has been obtained from the Zoning Division.
22. That a landscape plan shall be submitted to the Zoning Division for review and approval for
refurbishment of existing landscaped areas. Said plan shall include twenty four inch ((24") box sized
trees planted on maximum twenty (20) foot centers adjacent to Lemon Street and Orangethorpe
Avenue. Said installation and refurbishment shall be completed within three (3) months from the
date said plan is approved.
23. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
24. That no roof-mounted balloons or other inflated devices shall be permitted.
25. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property, unless a permit has been obtained from the Business License Division.
26. That no vending machines, which are visible from any public right-of-way, shall be permitted on the
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27. 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 streets or adjacent
properties. Said information shall be specifically shown on plans submitted for review and approval
by the Police Department.
28. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CG Zone. Said
information shall be specifically shown on the plans submitted for Zoning and Building Division
approval.
29. That no required parking area shall be fenced or othen~vise enclosed for outdoor storage use.
30. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
31. That signage for subject facility shall be limited to all legal existing signs as of the date of this
resolution. Any additional signs shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
32. That all wall sign cabinets shall be fitted with copy panels.
33. That the number of tenant spaces shall be limited to finrelve (12) units as shown on the approved site
plan (Exhibit No. 1).
34. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code Enforcement Division of the Planning Department shall
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determine the need for additional bins or for additional pick-up. All costs for increasing the number
of bins or the frequency of pick-up shall be paid for the business owner.
35. That within a period of two (2) months from the date of this resolution, Condition Nos. 3, 8, 10, 11,13,
14, 15, 17, 18, 20, 22, 27, 28 and 32, above-mentioned, shall be complied with.
36. 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.
May 6, 2002.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHAIRP SON, ANAHEI ITY 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 May 6, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: VANDERBILT
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IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2002.
~.~Yv~ a~a
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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