Resolution-PC 98-44RESOLUTION NO. PC98-44
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4011 BE GRANTE~
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properry situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP FILED IN BOOK 27, PAGE 32 OF PARCEL MAPS, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
'NHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 30, 1998 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 fic;rmit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and s:udy 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 foliowing facts:
1. That the proposed use is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sectinn 18.44.050.025 to permit and retain an existing arcade for
up to 10 amusement devices in an existing restaurant in the CL (Commercial, Limited) Zone;
2. That the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be Iocated because the arcade, an
accessory use to a restaurant, is compatible with the surrounding land uses and is not detrimental to the
peace, health, safety, and general welfare of the citizens of the City of Anaheim;
3. That the size and shape of the site for the proposed use is adequate to allow the
full development of the proposed 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 proposed use wil! not impose an undue burden
upon the streets and highways designed and improved to carry the traffic fn the area because no increase
in traffic is associated with this arcade which is located inside an existing restaurant; and
5. That no one indicated their presence at said public tiearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QURLITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls ~vithin the CEQA General Rule-
Exemption No. 15061(B)(3), as defined in the State EIR Guidelines and is, therefore, categorically exempt
trom the requirement to prepare an EIR.
CR3220PL.DOC -1- PC98-44
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 the maximum number of amusement devices allowed shall be Iimited to ten (10) and
that the permitted amusement devices shall be accessory to, and in conjunction with, the
primary restaurant use.
2. That, if determined to be nect~sary by the Anaheim Police Department or tho Code
Enforcement Division, licensed uniformed security guards, approved by the Anaheim Police
Oepartment, shall be provided on the premises specifically to provide security and to
discourage vandalism, trespass and/or leitering upon or adjacent to this property. Said
security guards shall remain on-duty as determined to be appropriate by the Anaheim
Police Department or the Code Enforcement Division.
3. That there shall be no advertising of alcohol sales or video games visible to the exterior of
the business.
4. That a valid business license and arcade permit shall be obtained from the Finance
Depa~tment, Business License Division.
5. That there shall be no poot tables permitted inside the restaurant or within the arcade areas.
6. That the hours of operation shall be limited to 11 a.m. to 10 p.m. Monday through Thursday,
11 a.m. to 11 p.m. Friday and Saturday, and noon to 10 p.m. Sunday.
7. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by
the petitioner and approved by the Planning Commission. Any additional signage shall be subject
to review and approval by the Planning Commission as a"Reports and Recommendations item:'
8. That within a period of thirty (30) days from the date of this resolution, Condition No. 4,
above-mentioned, shall be complied with. Extensions for further time to complete said
condition may be granted in accordance with Section 18.03.090 ef the Anaheim Municipai
Code.
9. That the subject property shall be developed substantiaily in accordance with plans and
specifications submitted to the City nf Anaheim by the petitioner and which plans are on file with
the Planning Department marked of Exhibit Nos. 1 and 2, and as conditioned herein.
10. That prior to final building and zoning inspections, Condition No. 9, above-mentioned, shall be
complied with.
11. 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 17 FURTHER RESOLVGD that the Anaheim City Planning Commission does hereby
find and determine that adoption o( this Resolution is expressiy predicated upon applicanPs compliance
with each and all of the conditions herein above set forth. Should any such condition, or any pa~t thersof,
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.
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March 30, 1998.
7HE FOREGOING RESOLUTION was adapted at the Planning Commission meeting of
l ~ l~r-t~ ~~ t't rz~~
CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATfEST:
SECRETARY, ANAH M CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted a: a meeting of the Anaheim City Planning
Commission held on ~~larch 30, 1998, by the fol~owing vote of t~~e members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSI'UN, BRI5TOL, f1ENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS:NONE
ABSE' !T: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~,
1998.
. ~~l~~uc,-
SECREl'P.F2Y, ANA IM CITY PLANNING COMMISSION
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