2002-243RESOLUTION NO. 2002-243
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 2002-
04584.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a computer rental and internet amusement (arcade) business
on certain real property situated in the City of Anaheim, County
of Orange, State of California, described as:
PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A PARCEL MAP FILED IN BOOK 120,
PAGES 22 AND 23 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC2002-129 granting
Conditional Use Permit No. 2002-04584 for a period of one year;
and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Commission action at a duly noticed
public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did hold and conduct such public hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports, and did consider the
same; and
WHEREAS, the City Council does find, after careful
consideration of the action of the City Planning Commission and
all evidence and reports offered at said public hearing before the
City Council, that all of the conditions and criteria set forth in
Section 18.03.030.030 of the Anaheim Municipal Code are not
present for the following reasons:
1. That the proposed use will adversely affect the
adjoining land uses and the growth and development of the area in
which it is proposed to be located for the following reasons;
(±)
That the use, as proposed, would adversely affect the
adjoining land uses because the proposed location is
close to single-family residences which can be
adversely affected by noise, loitering and late night
activity.
(ii) That the proposed use is located near a high school and
creates a place for students to loiter during and after
school. The principal of the high school concurs with
these staff concerns.
(iii)
That the site proposed for the use is developed such
that a computer rental/internet amusement business can
be detrimental to the particular area due to the
availability of parking behind the building adjacent to
residential uses and the limited parking immediately
adjacent to the front of the proposed unit.
(iv)
That the conditions of approval for the conditional use
permit associated with this commercial center (approved
in 1998) have not been complied with; and
2. That the size and shape of the site proposed for the
use is not 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 for the following
reasons;
(i)
That the use, as proposed, would adversely affect the
adjoining land uses because the proposed location is
close to single-family residences which can be
adversely affected by noise, loitering and late night
activity.
(ii) That the proposed use is located near a high school and
creates a place for students to loiter during and after
school. The principal of the high school concurs with
these staff concerns.
(iii) That the site proposed for the use is developed such
that a computer rental/internet amusement business can
be detrimental to the particular area due to the
availability of parking behind the building adjacent to
residential uses and the limited parking immediately
adjacent to the front of the proposed unit.
(iv) That the conditions of approval for the conditional use
permit associated with this commercial center (approved
in 1998) have not been complied with; and
3. That the granting of the conditional use permit would
be detrimental to the peace, health, safety, and general welfare
of the citizens of the City of Anaheim for the following reasons:
(i)
That the use, as proposed, would adversely affect the
adjoining land uses because the proposed location is
close to single-family residences which can be
adversely affected by noise, loitering and late night
activity.
(ii) That the proposed use is located near a high school and
creates a place for students to loiter during and after
school. The principal of the high school concurs with
these staff concerns.
(iii)
That the site proposed for the use is developed such
that a computer rental/internet amusement business can
be detrimental to the particular area due to the
availability of parking behind the building adjacent to
residential uses and the limited parking immediately
adjacent to the front of the proposed unit.
(iv)
That the conditions of approval for the conditional use
permit associated with this commercial center (approved
in 1998) have not been complied with; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the action of the City Planning
Commission granting said conditional use permit be, and the same
is hereby, reversed for the reasons hereinabove specified, and
that the request of said applicant to permit a computer rental and
internet amusement (arcade) business on the hereinabove described
real property be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
the provisions of Section 1094.6 of the Code of Civil Procedure
and Anaheim City Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 19th day of November,
2002 .
MAYOR OF THE CITY OF~P~N~EIM
ATTEST:
47541.1
- 3 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-243 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 19th day of Novemberl 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAY'OR/COUNCIL MEMBERS: None
(SEAL)