Resolution-PC 2002-29~
RESOLUTION NO. PC2002-29
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04503 BE DENIED
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:
BEGINNING AT THE NORTHWEST CORNER OF LOT 23 OF TRACT NO. 6691, AS
PER MAP RECORDED IN BOOK 250, PAGES 20 AND 21, OF MISCELLANEOUS
MAPS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT NO.
6691 SOUTH 88° 58' 00" WEST 293.68 FEET TO THE; NORTHWEST CORNER OF
SAID TRACT NO. 6691 NORTH 00° 13' 46" WEST 210 FEET TO A LINE
PARALLEL WITH AN SOUTHERLY 66 FEET FROM THE NORTHERLY LINE OF
SECTION 18; THENCE ALONG SAID PARALLEL LINE NORTH 88° 58' 00" EAST
TO A POINT OF CUSP WITH A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 25 FEET; SAID POINT ALSO BEING THE EASTERLY TERMINUS OF
THAT CERTAIN CURVE DESCRIBED IN PARCEL 1 OF DEED TO THE CITY OF
ANAHEIM RECORDED JANUARY 30, 1969 IN BOOK 8860, PAGE 228 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 59' 11" AN ARC
DISTANCE OF 39.42 FEET; THENCE CONTINUING ALONG SAID EASTERLY
LI.N.E OF SAID PARCEL 1 SOUTH 01° 01' 11" EAST 184.97 FEET TO THE POINT
OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 25, 2002 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 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 Section 18.03.030.010 to permit an internet access and computer rental
business in the CL "Commercial, Limited" zone.
2. That the proposed internet access and computer rental business is an unlisted use which
is currently not authorized or mentioned in any zone in the city and, therefore, submittal of the proposal
was made under authority of Code Section 18.03.030.010 "Unlisted Uses Permitted."
3. That 4he proposed use is hereby denied based on testimony during the public hearing
concerning operational aspects of the proposal, including noise and late hours of operation, and the floor
plan which poses security concerns for the Police Department and general public (i.e., partitioning the
tenant space into separate rooms which would make it difficult for the business operator to monitor
customer activities and would impede the ability of Police personnel to see into the facility if gang
incidents or other criminal activities occur).
4. That the use, as proposed, would adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
CR5306DM.doc -1- PC2002-29
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5. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
6. That granting of this conditional use permit would be detrimental to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim.
7. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
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 deny subject Petition for Conditional Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 25, 2002.
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CHAIRPE ON, ANAHEI CITY PLANNING COMMISSION
ATTEST:
V~~~-s-.~- ~~h•--~----__>,l~
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 February 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSEPVT: COMMiSSiONERS: 80STWICK, BOYDSTUN, VANDER8ILT
IN WITNESS WHEREOF, I have hereunto set my hand this ~2 ~~' day of
rnarc~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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