Resolution-PC 2003-166• ~
RESOLUTION NO. PC2003-166
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2002-4612, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2000R-259,
ADOPTED THEREWITH
WHEREAS, on December 17, 2002, the Anaheim City Council did, by its Resolution No.
2002R-259, grant Conditional Use Permit No. 2002-04612 to permit and retain a computer rental and
internet amusement (arcade) business until December 17, 2003, subject to certain conditions; and that
Condition No. 1 of said Resolution specifies that the use shall expire one year from the date of the resolution;
and
WHEREAS, the property is developed with a commercial retail center with 11 tenant spaces
including subject business at 2885 West Lincoln Avenue (201 PC Bang); that the zoning is CL (Commercial
Limited); that the Land Use Efement of the Anaheim General Plan designates the property for Low-Medium
Density Residential land uses; and that the property is located within the West Anaheim Commercial
Corridors Redevelopment Project Area; and
WHEREAS, under authority of Code Section 18.03.093 (Extensions of Conditional Use
Permits and Variances Approved with Time Limitations), the petitioner has requested reinstatement of this
conditional use permit by the modification or deletion of the condition of approval pertaining to the time
limitation to retain the computer rental and internet amusement (arcade) business; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 15, 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence
for and against said proposed amendment 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 use, as amended, is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That the use, as amended, wilf 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 use, as amended, 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 use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
5. That the amending 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 this conditional use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the City Council as shown by a Code
Enforcement Division inspection of the premises.
Tracking No. 2003-04797
cr\PC2003-166.doc -1- PC2003-166
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7. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That there have been no changes to the applicable Zone standards that would invalidate the
findings that were the basis for the original approval of this conditional use permit.
9. That deletion of the time limitation is necessary to permit reasonable operation under the
conditional use permit as originally granted.
10. That no one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence in opposition was received.
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 reinstate and approve Conditional Use Permit No. 2002-04612 without any time limitation;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. 2000R-259, adopted in connection with
Conditional Use Permit No. 2002-04612, to read as follows:
ThaC t~e h6u~ af 6peration shall be t~mited to the fotlowing:
Sunday through Thursday: 10 a.m. to 12 midnight
Friday and Saturday: 10 a.m. to 2 a.m.
2. That there shall be a minimum of two (2) employees on site during operating hours.
3. That the maximum number of computer workstations shall be thirty three (33).
4. That no exterior vending machines which are visible off-site shall be permitted.
5. That no food shall be prepared on-site.
6. That no alcoholic beverages shall be sold or consumed on the premises.
7. That minors shall 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 shall not enter or 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 in height. This prohibition shall not
apply when a minor is accompanied by a parent or guardian (with the guardian being able to
authenticate guardianship).
8. That the interior of the business shall be adequately illuminated to make easily discernible the conduct
of all patrons within the premises.
That the computer stations shall be open and observable to employees at all times, and that no partition
walls shall be permitted.
10. That all windows and entrances into the premises 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.
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11. That there shall be no seating areas or tables other than the computer workstations and the
waiting/lobby area shown on Exhibit No. 2 submitted by the petitioner and approved by the Planning
Commission.
12. That trash storage area(s) shall be maintained in conformance with approved plans on file with the
Public Works Department.
13. 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 Anaheim Business License Division.
14. That all signs shall conform to the CL (Commercial, Limited) Zone. Any additional signs 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.
15. That the subject property shall be developed substantially in accordance with plans and specifications
submitfed 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.
16. That there shall be a camera/video surveilfance 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 during
business hours any day of the week. The system shall be maintained in good working order at all
times.
17. That at least one (1) state-licensed securiry guard shall be on the business premises at all times during
the hours of darkness, seven (7) days a week.
18. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 15, 2003.
~- AlRPERSON, ANANEIM CITY PLANNlNG COMMISSION
ATTEST:
i'~~"~, ~
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, Senior 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 December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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