Resolution-PC 2003-13~ .
RESOLUTION NO. PC2003-13
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04645 BE GRANTED
FOR A PERIOD OF ONE (1) YEAR
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:
THE EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS
MAPS, RECORDE OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION LYING EASTERLY OF THE WESTERLY
LINE OF PARCEL 2 OF DEED TO THE STATE OF CALIFORNIA FILED AUGUST 27,
1951 AS DOCUMENT NO. 23960, CERTIFICATE OF TITLE NO. 14610, ON FILE IN
THE OFFICE OF THE REGISTRAR OF LAND TITLES OF SAID ORANGE COUNTY,
AND THE NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIBED AS PARCELS 1 AND 3 OF
SAID DEED TO THE STATE OF CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 13, 2003 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 wit: to permit and retain a computer rental and internet
amusement (arcade) business
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 .because this property
does not have direct access to a residential neighborhood, that adequate ingress/egress between the
property and public streets is provided, and that adequate on-site vehicular circulation and parking for
customers and employees patronizing the combined uses on the property is provided and is adequate to
allow full development of this use in a manner which is not detrimental to the area.
3. That the proposed use, as conditioned herein, will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
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 no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
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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:
1. That this conditional use permit shall expire one (1) year from the date of this resolution.
2. That the hours of operation shall be limited to the following:
Sunday through Thursday: 8 a.m. to 12 midnight
Friday and Saturday: 8 a.m. to 2 a.m.
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 twenty eight (28). Said information shall
be specifically shown on plans submitted to the Zoning Division for review and 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 sold or consumed on the premises.
That minors shall not enter nor 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 shall not enter nor remain in the establishment after 9 p.m. on any day of the week.
Notice of the above-stated prohibitions relating to the presence of minors shall be posted by the
owner/operator at the entrance in lettering at least two (2) inches high 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 within the premises. Said information shall be specifically shown on plans submitted for to
the Zoning Division and Police Department, Community Services Division, for review and 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 to the Zoning
Division for review and 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 to the Zoning Division for review and
approval.
12. That there shall be no seating areas or tables other than the computer workstations as shown on Exhibit
No. 2. Said information shall be specifically shown on plans submitted to the Zoning Division for review
and 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 to the Streets and Sanitation
Division of the Public Works Department for review and approval.
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14. That all applicable City of Anaheim 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 Ciry of Anaheim Finance Department.
15. That all signs shall conform to the CL (Commercial Limited) Zone standards. Any additional signage (in
addition to the signs shown on the approved exhibits) 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 and approval as a'Reports and Recommendations' item.
16. 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.
17. 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 entrance 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 during
business hours any day of the week. The system shall be maintained in good working order at all
times. Said information shall be specifically shown on plans submitted to the Community Services
Division of the Police Department for review and approval.
18. That at least one (1) state-licensed security guard shall be on the business premises daily from 9 pm to
closing.
19. That within a_period of sixty (60) days from the date of this resolution, Condition Nos. 4, 8, 9, 10, 11, 12,
13, 14, 16, and 17, above-menfioned,-sF~al~ be cormpt«d with. Extensions #or €ur~k~er ~ime-to camplete
said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
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
January 13, 2003.
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CH PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C{TY OF ANAHEIM )
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I, Eleanor Fernandes, Senior Secretary of the Ariaheim City Pianning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this _~ Q T"~iay of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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