Loading...
2002-259RESOLUTION NO. 2002R-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04612 FOR A PERIOD OF ONE YEAR TO EXPIRE DECEMBER 17, 2003. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit and retain a computer rental and internet amusement (arcade) business upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1, AS PER MAP RECORDED IN BOOK 143, PAGE 31 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. PC 2002-162 granting Conditional Use Permit No. 2002-04612 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 duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. 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 located. 3. The size and shape of the site proposed for the 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. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 2002-04612 be, and the same is hereby, granted for a period of one year to permit and retain a computer rental and~internet amusement (arcade) business on the hereinabove described real property, subject to the following conditions: 1. That the subject use permit shall expire one (1) year from the date of this resolution. 2. That the hours of operation shall be limited to the following: Sunday through Thursday: 10 a.m. to 12 midnight Friday and Saturday: 10 a.m. to 2 a.m. 3. That there shall be a minimum of two (2) employees on site during operating hours. 4. That the number of computer workstations shall be limited to thirty three (33). Said information shall be specifically shown on plans submitted to the Zoning Division for review and approval. 5. That no exterior vending machines shall be permitted which are visible off-site. 6. That no food shall be prepared on-site. 7. That no alcoholic beverages shall be consumed or sold on the premises. 8. That minors may not enter or remain in the establishment on any weekday between 8 a.m. and 3 p.m. This restriction shall not apply on any school vacation day or holiday as established by any public or private school, kindergarten through grade twelve, operating within one (1) mile of this site. Additionally, minors may not enter or remain in the establishment after 9 p.m. on any day of the week. Notice of the above-stated prohibition relating to the presence of minors shall be posted by the owner/operator at the entrance in lettering at least two (2) inches in size. This prohibition shall not apply when a minor is accompanied by a parent or guardian (with the guardian being able to authenticate guardianship). 9. 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 the plans submitted for Zoning Division and Police Department, Community Services Division, approval. 10. That the computer stations shall be open and observable to employees at all times and no partition walls shall be permitted. Said information shall be specifically shown on plans submitted for Zoning Division approval. 11. That all windows and entrances into the business shall be clear and unobstructed, so as to allow an unimpaired line-of-sight by a peace officer into the interior of the business during business hours. Said information shall be specifically indicated on plans submitted for Zoning Division approval. 12. That there shall be no seating areas or tables other than the computer workstations and waiting/lobby area as shown on Exhibit No. 2. Said information shall be specifically shown on plans submitted for Zoning Division approval. 13. That trash storage area(s) shall be refurbished to comply with approved plans on file with the Public Works Department. Said information shall be shown on plans submitted for Public Works Department, Streets and Sanitation Division, approval. 14. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted for review and approval by the Police Department, Community Services Division. 15. That all applicable permits required by Title 3 (Business Licenses) and Title 4 (Business Regulation) of the Anaheim Municipal Code shall be obtained from the Business License Division of the City of Anaheim Finance Department. 16. That all signs shall conform to the CL (Commercial Limited) Zone. A_ny additional signage shall be subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be appealed to the Planning Commission for review and approval as a "Reports and Recommendations" item. 17. 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 2, and as conditioned herein. 18. That there shall be a camera/video surveillance recording system capable of delineating, on playback of the system, the activity and physical features of persons or areas within the premises. The system shall cover all entrances and exit points, in and about the premises, the property directly adjacent to the entry and exit doors, and all interior spaces. The system shall be subject to inspection by the City of Anaheim during business hours any day of the week. The system shall be maintained in good working order at all times. 19. That at least one (1) state-licensed security guard shall be on the business premises at all times, seven (7) days a week, during the hours of darkness. 20. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 4, 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 21. 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. BE IT FURTHER RESOLVED that the City Council 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 conditions, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of December, MAYOR OF ANAHEIM ATTEST: Z~I~Y CL~RK O~ THE CITY OF ANAHEIM 47745.1 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-259 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of December, 2002, by the following vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, M¢Cracken, Pdngle, Tait MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None ~,~ITY CLEF~ OF T~E CITY OF ANAHEIM (SEAL)