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Resolution-PC 2012-054RESOLUTION NO. PC2012 -054 A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2012 -05615 (DEV2012- 00066) (3248 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05615 to permit an intemet cafe on that certain 1.52 -acre parcel of land commonly known as 3248 West Lincoln Avenue in the City of Anaheim (the 'Property "); and WHEREAS, this property is developed with a commercial shopping center located in the General Commercial zone and the Anaheim General Plan designates the property for Commercial land uses: and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 27, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 the Anaheim Municipal Code, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, this Planning 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 with respect to the request to permit an intemet cafe should be approved for the following reasons: 1. The request to permit an intemet caf6 is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.040.0402 (Uses) of the Anaheim Municipal Code. - 1 - PC2012 -054 2. The operation of the intemet cafe will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is entirely within an existing building with no outside activities and it is compatible with existing commercial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established commercial center. 4. The traffic generated by the internet caf6 will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed intemet caf6 will not generate additional traffic in the area. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2012 -05615 and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein 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 the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. -2- PC2012 -054 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within fifteen (15) days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 27, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY 14,ANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 August 27, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of August, 2012. Gam_ SENIOR SECkET'ARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -054 EXHIBIT "A" DEV NO. 2012 -00066 L_ APN: 135- 312 -20 W LINCOLN AVE 135' 0 N 130' io n ?2 m 266' z 0 w = W CABOT DR U F— N W W DEL MONTE DR ® Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2012 -054 EXHIBIT °B" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2012-05615 (DEV2012- 00066) -5- PC2012 -054 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY GENERAL 1 Hours of operation shall be limited to 10 am — 2 am Police Department Sunday thru Thursday and 10 am - 4 am Friday and Saturday. 2 The windows of said establishment may not be Police Department covered or blocked in any way. This would include curtains, drapes, or dark tinting. There must be clear visibility into the establishment at all times. 3 The activities occurring in conjunction with the Police Department operation of this establishment shall not cause noise disturbance to surrounding properties. 4 Minors may not enter or remain in the Internet Cafd Police Department after 10 p.m. 5 The rear door of the intemet caf6 business shall Code Enforcement remain closed except in the event of an emergency. 6 No patron parking for the intemet facility shall be Code Enforcement permitted on the south side of the building adjacent to the alley. 7 That approval of this application constitutes Code Enforcement 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. 8 The property shall be developed substantially in Planninv accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibits Nos.I and 2 (Site Plan and Floor Plans) and as conditioned herein. -5- PC2012 -054