Resolution-PC 2000-84~ •
RESOLUTION NO. PC2000-84
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4115
FOR FIVE (5) YEARS TO EXPIRE JUNE 7, 2005,
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-100,
ADOPTED THEREWITH
(CUP TRACKING NO. 2000-04219)
WHEREAS, on June 7, 1999; the Planning Commission adopted Resolution No. PC99-100
to approve Conditional Use Permit No. 411'~ for one year to permit an amusement device arcade with up
to 170 amusement devices within a proposed family entertainment center with waiver of minimum number
of parking spaces on property located at 5634-5636 East La Palma Avenue (Nickel, Nickel); and
WHEREAS, this property is currently developed with a commercial center, the property is
zoned SP94-1 (SC), Development Area 5(Northeast Area Specific Plan, Commercial Area; Scenic
Corridor Overlay), and is located in the Project Alpha Northeast Redevelopment Area. The General Plan
Land Use Element Map designates this property for General Commercial land uses; and
WHEREAS, the petitioner requests reinstatement of this permit, under the authority of
Code Section No. 18.03.093, which currently contains a time limitation (originally ap~roved on June 7,
1999, to expire on June 7, 2000) to retain an amusement device arcade with up to 170 amusement
devices within a family entertainment center; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 19, 2000, 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 amendment and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideratio;n of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code.
2. That this permit is being exercised substantially in the same manner and in conformance
with all conditions and stipulations originally approved by the Commission for the family entertainment
center/amusement device arcade as required by Subsection 18.03.093.040 of the Zoning Code.
3. That the petitioner has shown substantial compliance with all conditions of approval as
documented by Code Enforcement Division and Zoning Division staff.
4. That this use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the public peace, health, safety and general welfare.
5. That without the modification of the time limitation, this business would not be allowed to
operate at this property as this use requires an approved conditional use permit.
6. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
7. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
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8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain an amusement device arcade with up to 170
amusement devices within a family entertainment center on a irregularly-shaped, 3.2-acre property,
located south and west of the southwest corner of La Palma Avenue and Imperial Highway, having
frontages of 65 feet on the south side of La Palma Avenue and 388 feet on the west side of Imperial
Highway, and further described as 5634 - 5636 East La Palma (Nickel, Nickel); and does hereby find that
the Negative Declaration previously approved in connection with Conditional Use Permit No. 4115 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Nega#ive Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby reinstate Conditional Use Permit No. 4115 to retain an amusement device arcade with up to 170
amusement devices within a family entertainment center at 5634-5636 East La Palma Avenue for five (5)
years, to expire on June 7, 2005; and
BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution No. PC99-100, adopted in connectian with Conditional
Use Permit No. 4115, to read as follows:
1. That subject use permit shall expire in five (5) years on June 7, 2005.
2. That the hours of operation for the family entertainment center/amusement device arcade shall be
limited to the following:
Noon to 10:00 p.m., Sunday through Thursday
11:00 a.m. to midnight on Friday, Saturday and Holidays
3. That the number of amusement devices shall not exceed 170 devices.
4. That no exterior vending machines or games shall be permitted.
5. That no exterior telephones (i.e., telephones outside the building where this use is located) shall be
installed.
6. That if any public telephones are proposed inside the business, they shall be located near the front
counter as shown on the floor plan (Exhibit No. 2) in order to provide adequate supervision to
minimize the opportunity of prank telephone calls. The phones shall not be located near the
restroom area.
7. That food sales shall be limited to vending machines located inside the building.
8. That no pool tables or billiards shall be allowed.
9. That no alcoholic beverages shall be sold or consumed on the premises.
10. That no minors shall be allowed on the premises without guardian supervision during normal school
hours.
11. That no loud-speaker devices shall be utilized. Noise levels shall not be so great as to impact other
nearby businesses. That the business shall comply with the requirements of Chapter 6.70 "Sound
Pressure Levels".
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12. That a licensed uniform security guard, approved by the Anaheim Police Department, shall be
present from dusk to closing in order to specifically provide security, and to discourage vandalism,
trespassing and/or loitering upon or adjacent to the subject property. Said s~curity guard shall
remain on-duty as determined to be necessary by the Anaheim Police Department.
13. That the applicant shall continue to work with the shopping center owner to maintain the adequacy of
parking lot lighting.
14. That the applicant shall continue to work with the shopping center owner to maintain the parking lot.
15. That the majority of the interior of the facility shall be maintained as open area and the entire facility
shall be adequately lighted at all times:
16. That there shall be no fewer than two (2) employees present before 4 p.m. and no fewer than three
(3) employees present after 4 p.m. in addition to security personnel.
17. That the signage for this business sh'all be limited to the existing permitted wall sign and shall be
maintained in compliance with Code requirements.
18. That no window signage shall be permitted.
19. That a valid business license shall continue to be maintained with the City of Anaheim, Business
License Division of the Finance Department.
20. That no "in and ouY' privileges shall be permitted for customers.
21. That the owner of the subject property shall submit a letter requesting termination of Conditional Use
Permit No. 2417 (on-sale beer and wihe in a sandwich shop) and Variance No. 1721 (to permit on-
sale beer and wine in two proposed restaurants) for 5634 and 5638 East La Palma Avenue to the
Zoning Division.
22. That subject property shall remain 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 ar~d 2 of Conditional Use Permit No. 4115 and as conditioned
herein.
23. That approval of this application constMtutes approval of the proposed request only to the extent that
it complies with the Anaheim Municiipal 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 19, 2000.
Kiu-~
CWAIRPE SON, ANAHEIM CI PLANNING COMMISSION
ATTEST:
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SECR ARY, NAHEIM CITY PLANNING COMMISSION
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f
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 June 19, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WIT~NESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
SECRETARY, AHEIM CITY PLANNING COMMISSION
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PC2000-84