Resolution-PC 2001-168C~
RESOLUTION NO. PC2001-168
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04465 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 100 PAGES 17 AND 18
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 3, 2001 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 near and consider evidence for and against said proposed conditional use permit 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 consideration 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
Anaheim Municipal Code Sections 18.03.030.010 and 18.110.100.050 to permit a computer rental and
internet access business with waiver of the following:
Sections 18.06.050 - Minimum number of parkinQ spaces.
18.06.080
and 18.110.100.1101103
2. That the proposed use is not listed in Development Area 5"Commercial Area" of the
No~theast Area Specific Plan No. SP 94-1 as being a permitted use.
3. That the waiver of minimum number of parking spaces is hereby denied because following
public notification it was determined that the waiver was not necessary.
4. That the proposed use, as conditioned herein, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located because the
property provides adequate ingress/egress from public streets, on-site vehicular circulation, and adequate
parking for customers and employees patronizing the combined uses on the property.
5. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not de#rimental to the particular area nor to the peace, health,
safety and general welfare.
6. That 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.
7. That 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CR5253PK.doc -1- PC2001-168
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, 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:
That the subject use permit shall expire in two (2) years from the date of this resolution.
That the hours of operation shall be limited to:
Sunday through Thursday: 10 a.m. to 2 a.m.
Friday and Saturday: 10 a.m. to 4 a.m.
3. That the number of computer workstations shall be limited to sixty six (66).
4. That no exterior vending machines visible to the public rights-of-way shall be permitted.
5. That food sales shalf be limited to finro (2) vending machines located inside the buifding. No
prepared food shall be permitted.
6. Tha~ no-alcok~olie beverages shall be sonsumed or sold on tk~e-prem4s~s.
7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m.
without parent/quardian supervision.
8. 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 approval.
9. That the computer stations shall be open and observable to employees at al! times and no partition
walls shall be permitted.
10. That window tinting may be permitted ony to the extent it does not obstruct visibility into the tenant
space; and that no other view-obstructing material including window signs shall be permitted.
11. That there shall be no pubiic telephones on the premises located outside the building and under
control of the petitioner.
12. That there shall be no seating areas or tables other than the computer workstations and the ten (10)
seats shown on Exhibit No. 2 submitted by the petitioner and approved by the Planning Commission.
13. That four (4) foot high address numbers shalf be displayed on the roof of the building in a contrasting
color to the roof material. The numbers shall not be visible to the streets or adjacent properties. Said
information shall be specifically shown on the plans submitted for review and approval by the Police
Department.
14. That prior to commencing operation of this business, a valid business license shall be obtained from
the Business License Division of the City of Anaheim Finance Department.
15. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 2417 (to permit on-premises sale of beer and wine in a proposed
sandwich shop).
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16. That tF~e proposal shall comply with all signing requirements of the Northeast Area Specific Plan No.
SP 94-1, Development Area 5"Commercial Area," Zone unless the Planning Commission or City
Council approves a variance allowing sign waivers.
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 prior to commencement of the activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 8, 13 and 15, 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.
19. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition No. 17, above-mentioned, shall be
complied with.
20. 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 Anaheim City Planning Commission does hereby
find-an.d d~.termine that adoption. o#-this Resoluiion. is. expressly predicated up-oa_applicant's com.pl.iance
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 3, 2001.
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CHAlRP R OlV, ANAHEI ITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 December 3, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: ARNOLD, VANDERBILT
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
~2C2vv`~OC'1f`, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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