Resolution-PC 2002-30•
RESOLUTION NO. PC2002-30
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04508 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:
LOT 130 OF TRACT NO. 4181 AS PER MAP RECORDED IN BOOK 156, PAGES
21 THROUGH 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDED OF SAID ORANGE COUNTY. EXCEPTING THEREFROM
ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING
BELOW A DEPTH OF 500 FEET WITHOUT ANY RIGHT TO ENTER UPON THE
SURFACE OR THE SUBSURFACE OF SAID SAND ABOVE A DEPTH OF 500
FEET, AS PROVIDED IN INSTRUMENTS OF RECORD.
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 the proposed use is hereby denied based on testimony during the public hearing
including opposition from area residents regarding existing and potential disturbances (loitering, noise
from boom boxes, motorcycle engines being gunned, trash accumulation) in the rear driveway between
the commercial building and the adjoining residential zoning to the north, and operational characteristics
of the proposal (i.e., noise and late hours) that would have a detrimental affect on surrounding land uses
(adjoining single-family residences to the north and east, and across Post Lane to the west).
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.
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 under would be detrimental to the peace,
health, safety and general welfare of the Citizens of the City of Anaheim.
CR5307DM.doc -1- PC2002-30
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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 the petitioner submitted two letters in favor of the proposal.
9. That one person spoke at the public hearing in opposition to the proposal and submitted
both a letter and a petition with 44 signatures in opposition to the proposal.
10. That review and analysis by staff is currently underway regarding this type of land use to
define and describe the use, and to propose entitlement and parking requirements for future Planning
Commission and City Council consideration.
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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CHAIRP ON, ANAHEIM I Y 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 February 25, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BRISTOL, EASTMAN, KOOS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, BOYDSTUN, VANDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this !Z '=~ day of
, 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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