Resolution-PC 2009-069RESOLUTION NO. PC2009-069
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05427
(2875 - 2877 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit Yo permit a billiard hall on certain real property sitaated in
the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached
hexeto and incorporated herein by this reference; and
WHEREAS, the property proposed for a billiard hall is currently developed with a
multi-tenant commercial retail building located in the Commercial General (C-G) zone and the
Anaheim General Plan designates this property for Conidor Residential land uses; and
WHEREAS, the Anaheim City Plaoning Commission did hold a public heariug at
the Civic Center in the City of Anaheim on July 20, 2004, at 2:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the provisions of tt~e
Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said
proposed conditional use permit to investigate and make findings and recommendations in
connecYion Cherewath; and
WI-IEREAS, the Anaheim City Planning Commission, after due inspection,
investigatioo and study made by itself and in-its bebalf, and after dne consideraCion af all
evidence and reports offered at said heazing with respect to the request for a candiYional use
permit, does find and determine the following facts:
1. A billiard hall in the Commercial General (C-G) zone is properly ooe for wbich a
conditional use pernlit is authorized by Anaheim Municipal Code SecYion 1$.08.030.010
(Recreation - Billiards).
2. The billiard ball would not adversely affecC the surronnding residential land uses
and the growth and development of the area in which it is proposed to be located because no
expansion to the existing building is proposed, the existing uses in the shopping center do not
have a negative impact on the residences and no alcohol is proposed with the billiard hall.
3. The size and shape of tbe site is adequate to allow the full development of the
proposed use in a manner noC detrimental to the particular area nor Yo tt~e health, safety and
general welfare of the pnblic because the property is currenfly improved with a commercial retail
building and no expansion is proposed.
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4. The traffic generated by the billiard hall would not impose an undue burden Upon
the streets and highways designed and improved to carry the traffic in the area because there is
adequate parking on-site to accommodate all uses on site. A total of 78 parking spaces are
required for the retail center and 78 spaces are provided.
THEREFORE BE IT RESOLVED that the proposed project falls within the
definiCion of CaCagorical Exemptions, Class 1(Exisring Facilitiesj as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
dacumentation.
BE IT FURTHER RESOLUED Chat the Analieim City Planning Cbmmission, For
the reasons hereinabove stated, does hereby apgrove Conditional Use Pemut No. 2009-05427
sub}ect to the conditions of approval described in Exhibit "B" attached hereto and incorporated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of Ihe
CiCy of Anaheim. Exteosions Yor furCher time to complete conditions of approval may be granted
in accordance with Sectiou 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with cooditions of approval may be amended by Yhe Planning Directoz apon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the conditioR(s), (ii) the modification complies witl~ ehe Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURT`HER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 1$.60.190 (Amendment to Permit Approval) of the
Anabeim Manicipal Code.
BE IT FURTHER RESOLVED tYiat the Anaheim City Planning Commission
does hereby find and determine thaC adoption of tt~is ResolaCion 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 Resolutioo, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLUED that approval of this application constitutes
approval oY Yhe proposed reqoest anly to the extent that it comp3ies with the Anaheim Mnnicipal
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 requ3rement.
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BE IT F[IRTHER RESOLVED that the applicant is responsible for paying all
ctaazges related to the processing of this discretionary case applicatian within 15 days of the
issuance of the final invoice or prior to the issuance of build'ang permits for t1»s project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
TfIE FOREGOING RESOLU3'ION was adopted at the Planning Commission
meeting of July 20, 2009. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Monicipal Code pertaining to appeal
procedures and may be replaced by a Ciry Council Resolution in Che ~vent of an appeal.
CHAII2MAN, A1~AHEIM CIT`Y PL~NNING COMMISSION
ATTEST:
v ~^
SENIOR SECRETARY, ANAHEIM C1TY PLANNWG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commiss3on, do
bereby certify that the foregoing resolutioo was passed and adopted at a meeting of the Anaheim
City Planning Commission held on Jnly 20, 2009, by the followiog vote of the members thereof:
AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI
AYES: COMMISSIONERS: RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`~ day of July, 2009.
/~d~(/`~ " ~. ~
3ENI@R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
CONDTTIONAL USE PERMIT NO. 2009-05427
W LINGpIN AVE
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~ n so wu Source: Recorded Trect Maps and/or City GIS.
~ Please nole Ihe accuracy is +/- two to five feet.
~e t
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05427
RESPONSIBLE
FOR
NO. CONDITIONS O~ A~PROVAL MOIVITORING
PRIOR TO ISSUANCE OF A'BUILDING PERMIT, OR WITHIN ONE (1) YEAR FROM "
THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
1 ~ The applicant shall submit plans to llie Building Division .=~ Fire
for a change of occupancy to an "A3" occupancy in Building
accordance with the California Building Code, 2007
edition.
2 Plans submitted for building permits sha11 demonsCraCe Building
that Che business is to be eqaipped with a silent or aadible
alarm system.
3 Plans submitCed for building pernvts shall demonstrate Police
that address numbers shall be positioned so as to be
readily readable from the street. Numbers should be
illuminated during hours of darkness.
4 Plans submitted for buiidingpermiTs sl~all demoostrate Police
that rear entrance doors shall be numbered in the same
address numbers or suite number of the business.
Minimum height of 4" is recommended.
5 Plans submitted for building germits shall demonstrate Police
that all exterior doors have adequate security hardware
(e.g. deadbolt locks). Wide-angle peepholes or other
viewing device should be insYalled in solid doors where
naCural surveillance is compromised.
6 Plans submitted for building pernvts shall demonstraCe Police
that all exterior doors shall have their own light source,
which shall adeq~ately illuminate door areas at all bours
to make clearly visible Che presence of any person on or
about the premises and provide adequate illumination for
persons exiTing the buIlding.
PRIOR TO'COMMENCEMENT OF OPERATIONS
7 The applicanC shall obYain a Poo1 Room Permit from the Police
Business License Division, prior to operation of the Code Enforcement
business.
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GENERAL' CONDITIONS - ONGOING DURING OPERATION
8 The hours of operation shall cease at 2 a.m., daily. Police
Code Enforcement
9 The Cotal number of game tables shall be limited to eight Planniog
(8)• Code Enforcement
10 Monumeut signs and addresses shall be we111ighCed Police
during hours of darkness.
i 1 A Burglary/Robbery Alarm Permit application, Form Police
APD 516 and Emergency Listing Card, Form APD-
281sha11 be completed and returned to the Police
Department prior to initial alarm activatioa These forms
are available at the Police Department front counter, or
they can be downloaded from the followang web site:
http•//www anaheim.nedarticle.asp?id=678
12 The Police Department recommends that closed circuit Police
television (CCTV) security cameras be provided, with the
following coverage areas:
• Interior pool hall covering all pool tables
• Cashier's area
ff see~rity cameras are oot moniCOred, signs indicati~g so
should be placed at each camera.
CCTV monitor and recorders should be secured in a
separate locked compartment to prevenc theft or, or
tampering with, the tape. Use of digital recording
equipmenk as an alYernative to videotape is enco~raged.
CCTV recording sbould be kept for a minimum of 30
days before being recorded over (for tapes).
CCTV videotapes should not be recorded over more than
10 items per tape.
13 The subject property sl~all be developed substantially in Planning
accordance with the plans and specifications sabmitted to
the City of Anaheim by t~ie applicant and which plans are
on file with the Pla~ning Department and labeled Exhibit
Nos. 1(Site Plan) and 2(kloor Plan) a~d as conditioned
herein.
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