Resolution-PC 2003-117C~
RESOLUTION NO. PC2003-117
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC98-207 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4085
WHEREAS, on December 21, 1998, the Anaheim City Planning Commission did, by its
Resolution No. PC98-207, grant Conditional Use Permit No. 4085 to permit an amusement device arcade for
up to 10 amusement devices at an existing restaurant with sales of beer and wine for on-premises
consumption; and that said Resolution includes the following condition of approval:
1. That the maximum number of amusement devices shall be limited to a total of ten
(10) devices; and that said amusement devices shall be accessory to, and in
conjunction with, the primary restaurant use.
WHEREAS, the property is developed with a commercial retail center including subject
restaurant (Lamppost Pizza at 2350 West Lincoln Avenue); that the zoning is CL (Commercial, Limited);
and that the Anaheim General Plan Land Use designation is 'General Commercial'; and
WHEREAS, the petitioner has requested an amendment to, or deletion of, Condition No. 1 to
increase the number of amusement devices from 10 to 20; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim_ on August 11, 2003, at 1:3Q _p.m., notice of said_public hearing hauing- bee~duly gFVe~ 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 consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
1. That the use, as proposed to be amended, is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That the use, as amended to increase the number of arcade games from 10 to 20, will not
adversely affect the adjoining land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is 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.
4. That the traffic generated by the use, as proposed to be amended, will not impose an undue
burden upon the streets and highways designed and improved to carry traffic in the area.
5. That amending this 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.
6. That this Conditional Use Permit has not been exercised contrary to the terms or conditions of
its original approval, nor in violation of any statute, ordinance, law or regulation.
7. That this Conditional Use Permit has not been exercised so as to be detrimental to the public
health or safety, or so as to constitute a nuisance.
Tracking No. CUP2003-04730
cr\PC2003-117.doc -1- PC2003-117
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8. That the proposed amendment, including amending the conditions of approva{, is reasonably
necessary to protect the public peace, health, safety or general welfare, and necessary to permit reasonable
operation of the restaurant and accessory amusement device arcade.
9. 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 amend Resolution No. PC98-207, adopted in connection with Conditional Use Permit No. 4085, to
permit an amusement device arcade for up to twenty (20) amusement devices at an existing restaurant with
sales of beer and wine for on-premises consumption.
AND BE IT FURTHER RESOLVED, that the conditions of approval in Resolution No. PC98-
207 are hereby amended in their entirety to read as follows:
1. That the maximum number of amusement devices allowed shall be limited to a total of finrenty (20)
devices; and, further, that the amusement devices are permitted only accessory to, and in conjunction
with, the primary restaurant use.
2. That, if determined to be necessary by the Anaheim Police Department,_ licensed uniformed security
guard(s) approved by the Police Department shall be provided on the premises specifically to provide
security and to discourage vandalism, trespass and/or loitering upon or adjacent to this property. The
exact number of security guards required shall be determined by the Police Department. Said security
guard(s) shall remain on-duty as determined to be appropriate by the Police Department.
That there shall be no advertising of video games visible to the exterior of this restaurant building.
4. That a valid business license and arcade permit shall be maintained with the Business License
Division of the Planning Department.
5. That no pool tables shall be permitted.
6. That the hours of operation shall be limited to the following as stipulated to by the petitioner:
Sunday through Thursday: 11 a.m. to 10 p.m.
Friday and Saturday: 11:00 a.m. to 12 midnight.
7. That window signage shall be prohibited except for the window signage on the corner window which
surrounds the back of the large screen television.
8. That 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 labeled Exhibit No. 1 and Revision No. 1 of Exhibit No. 2, and as conditioned herein.
9. That prior to commencement of the activity authorized by this Resolution or within a period of sixty (60)
days from the date of this Resolution, whichever occurs first, Condition Nos. 8 and 11, herein-
mentioned, shall be complied with. Extensions for further time to complete these conditions may be
granted in accordance with Section 18.d3.090 of the Anaheim Municipal Code
10. 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.
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11. That the applicant shall submit a floor plan to the Fire Department for review and approval, showing
the area that will be used for the amusement devices. Following approval, said plan shall be kept on
file with the Planning Department.
THE FOREGOING RESOLUTION was adopted,at the Pl~nning Commission meeting of
August 11, 2003. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Ciry Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 11, 2003,_ by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
VACANCY:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
~ IN WITNESS WHE
~~r, , 2003.
EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NONE
BOSTW ICK
ONE SEAT
REOF, I have hereunto set my hand this ~ day of
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IOR SECRETARY, ANAHEIM CtTY PLANNING COMMISSION
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