Resolution-PC 2004-2• •
RESOLUTION NO. PC2004-2
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04465, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-168,
ADOPTED THEREWITH
WHEREAS, on December 3, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-168, grant Conditional Use Permit No. 2001-04465, in part, to permit a computer
rental and internet access business for a period of two years until December 3, 2003 (a proposed waiver of
minimum number of parking spaces was denied because it was determined to be unnecessary); and that
said Resolution includes the following conditions of approval:
That the subject use permit shall expire in two (2) years from the date of this resolution.
12. That there shall be no seating areas or tables other than the computer workstations and
the ten (10) seats shown on Exhibit No. 2 submitted by the petitioner and approved by
the Planning Commission.
WHEREAS, on June 11, 2002, the Anaheim City Council did, by ordinance, amend the Zoning
Code to adopt the following definition:
"Computer Rental/Internet Amusement Business." A business establishment which, for
compensation, provides for public use ten (10) or more computers or electronic
communication devices to which computers are connected, for the purpose of providing its
patrons with access to the Internet, E-Mail, video games played over the Internet or other
computer game software, whether or not said computer activity constitutes the primary use
of the premises. Establishments known variously as PC Cafes or Zones, Internet Cafes or
Zones, Cyber Cafes or Cyber Centers are expressly included within the foregoing definition.
Educational institutions and child care centers, as said terms are defined in Chapter 18.01
(Definitions) of the Anaheim Municipal Code, are not included."
WHEREAS, this property is developed with a 64,024 square foot commercial retail center
including subject business (Cyber World) at 5642 East La Palma Avenue; that the underlying zoning is
Development Area 5(Commercial Area) of the Northeast Area Specific Plan No. SP 94-1 in the (SC) "Scenic
Corridor Zone Overla~'; that the Anaheim General Plan designates the property for General Commercial
land uses; and that the property is located within the Alpha Northeast Redevelopment Project Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain
the computer rental and internet access and amusement (entertainment) business pursuant to Code Section
18.03.093 of the Anaheim Municipal Code (Extensions of Conditional Use Permits and Variances Approved
with Time Limitations) and to delete the time limitation; and that the petitioner has also submitted a revised
floor plan (labeled Revision No. 1 of Exhibit No. 2) to permit two round tables in the waiting area pursuant to
Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances -
Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds);
and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 12, 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 18.03
(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
Tracking No. CUP2003-04810
CR\PC2004-002.doc -1- PC2004-2
• •
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 proposed to be amended, is properly one for which a conditional use permit
is authorized by the Zoning Code.
2. That the use, as amended, will not adversely affect the adjoining land uses and the growth
and development of the area in which it is Iocated.
3. That the size and shape of the site for the proposal is adequate to allow full development of
the use 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 the traffic in the area.
5. That granting this reinstatement, 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 Planning Commission.
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 modification of the conditions of approval, including deletion of the time limitation, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit
reasonable operation under the conditional use permit as originally granted.
9. That no one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence was received in opposition.
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. 2001-04465 to permit a computer rental and
internet access and amusement (entertainment) business without a time limitation;
AND BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. 2001-168 adopted in connection with Conditional
Use Permit No. 2001-04465, to read as follows:
That the hours of operation shall be limited to:
Sunday through Thursday: 10 a.m. to 2 a.m.
Friday and Saturday: 10 a.m. to 4 a.m.
2. That the number of computer workstations shall be limited to sixty six (66).
3. That no exterior vending machines which are visible to the public right-of-way shall be permitted.
4. That food sales shall be limited to two (2) vending machines located inside the building. No prepared
food shall be permitted.
-2- PC2004-2
• •
That no alcoholic beverages shall be consumed or sold on the premises.
That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m.
without parent/guardian supervision.
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 to the
Zoning Division and Police Department for review and approval.
That the computer stations shall be open and observable to employees at all times and no partition
walls shall be permitted.
That window tinting may be permitted only to the extent it does not obstruct visibility into the tenant
space; and that no other view-obstructing material including window signs shall be permitted.
10. That there shall be no public telephone on the premises which are located outside the building and
under the petitioner's control.
11. That there shall be no seating areas or tables other than the computer workstations and the ten (10)
seats and two (2) tables shown on Revision No. 1 of Exhibit No. 2 submitted by the petitioner and
approved by the Planning Commission.
12. 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 Revision No. 1 of Exhibit No. 2, and as conditioned herein.
13. That four (4) foot high address numbers shall be maintained on the roof of the building in a contrasting
color to the roof material. The numbers shall not be visible to surrounding streets or properties.
14. That signage shall be limited to existing and approved signs. Any additional signage shall be subject to
review and approval by the Zoning Division. Any decision by staff may be appealed to Planning
Commission as a`Reports and Recommendations' item.
15. 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 the Planning Commission meeting of
January 12, 2004.
~-HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A
IOR S~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
-3- PC2004-2
• ~
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 January 12, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this -~'~~day of
c , 2004.
~! = ~,r ~f .~ /I „
SENIOR SE~RETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-2