Resolution-PC 2004-72• ~
RESOLUTION NO. PC2004-72
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04863 BE GRANTED
(726 SOUTH STATE COLLEGE BOULEVARD)
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:
PARCEL 2 AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED ON MARCH 24,
1972 1N BOOK 42, PAGE 7 ON MAPS IN THE OFFICE OF THE COUNTY RECORDER
FOR ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in
the City of Anaheim on July 2, 2004 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 18.06, to
hear and consider evidence for and against said proposed conditional use permit and tto 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 is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.08.030 to wit: to permit and retain an amusement'arcade in conjunction with an
existing restaurant.
2. That the use is not adversely affecting the adjoining land uses and the growth and.
development of the area in which it is located because the use is compatible with the restaurant operations.
3. That the size and shape of the site for the use is adequate to allow the continued operation
of the facility 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 will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
5. That granting this conditional use permit will not, under the conditions imposed, 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 said publichearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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:
Cr\PC2004-072 -1- PC2004-72
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1. That, as xequired by the Police Department, minor shall not enter or remain in the establishment on any
weekday between 8 a.m. and 3 p.m. This prior restriction shall not apply on any~school vacation day or
holiday as established by any public or private school, kindergarten through twelfth grade, operating'
within the City of Anaheim. 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 prohibition relating to the presence of minors
shall be posted by the owner/operation at the entrance in lettering of 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).:
Z. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time
of occurrence.
3. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Finance Department..
4. That subject property shaU 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.
5. That the applicant shall be responsible for paying all charges related to the processing of this '
discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges shall
result in delays in the issuance of required permits or the revocation of this entitlement.
6. That within sixfy (60) days from the date of this resolution, Condition Nos. 1, 3 and 4 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.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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 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 July
12, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and m y be repla ed by a City Council Resolution
in the event of an appeaL .
C AIRPERSON, ANAHEIM CITY PLANNI G COMMISSION
ATT T:
ENIOR S RETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Pat Chandler, 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 July 12, 2004, by the following vote of the members thereof: :
AYES: COMMISSIONERS: : EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES'
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA
VACANT: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this _~~~`==l day of -
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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