Resolution-PC 2004-128. ~ ~
RESOLUTION NO: PC2004-128
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDINGCERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2001-145 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2001-04440
(3174 WEST LINCOLN AVENUE)
WHEREAS, on September 24, 2001, the Anaheim Planning Commission.did, by Resolution
No. PC2001-145, grant Conditional Use Permit Na 2004-04440 to permit an internet cafe for a period of
three years until September 24, 2004; and that said Resolution includes the following condition of approvaL•
"1. That the subject use permit shall expire in three (3) years from the date of ' :
this resolution, on September 24, 2004."
W HEREAS, this property is developed with a an existing 79,935 square foot commercia{ retail
center including subject business (PC Zone) at 3174 WesY Lincoln Avenue; that the underlying zoning is GG
(General Commercial); that the Anaheim'General Plan designates the property for Low-Medium Density
Residential land uses; and that the property is located within the West Anaheim Commercial Corridor,
constituent sub-area of the Anaheim Redevelopment Project; and
WHEREAS, pursuantto Code Section 18.60.180 of the Anaheim Municipal Code
(Reinstatement of a Time Limited Permit) the petitioner has requested reinstatement of this conditional use
permit to retain an internet cafe business and to delete the time limitation; and
WHEREAS, this property is situated in the Gity of Anaheim, County of Orange, State of
California, described as
PARCEL 1: THE WEST HALF OF THE NORTH HALF OF THE NORTHWEST QUAR7ER
OF THE NORTHEAST QUARTER OF'SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN 7HE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CAUFORNIA, AS SHOWN ON A MAP RECORDED W BOOK 51
PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE NORTH 66.00 FEET THEREOF AS COfVVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED JANUARY 20, 1956 IN BOOK 3362 PAGE 306 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY.
ALSO EXCEPT THE WEST 190.00 FEET OF THE NORTH 216.00 FEET THEREOF.
ALSO EXCEPT THE SOUTH 134.00 FEET THEREOF.
ALSO EXCEPT THE EAST 129.30 FEET THEREOF.
ALSO EXCEPT THE EAST 185.00 FEET OF THE NORTH 216:00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 18, 2004, at 2:30 p.m., notice of said public hearing having been duly given as
required byJaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60.180, 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 itselfand
in its behalf, and after due consideration of al1 evidence and reports offered at said hearing, does find and
determine the following facts
1. That this permit has been substantially operated in the same manner as originally approved
by the Commission. The Code Enforcement Division has inspected the premises and staff has determined
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that the,business is currently in compliance with all applicable conditions of approval, with the exception of
one, which would be remedied by a new condition of approval pertaining to visibility into the premises.
2. That the permit is currently being exercised in a manner not detrimental to the particular area
and surrounding land uses, evidencedby Police Department records showing only two calls for service since
January 2002. :
3. That there have been no changes to the applicable zone standards that would invalidate the
findings that were the basis for the origina~ approval of this permit.
4.' That thePolice Department has expressed concern about this business being open until
4:00 a.m., and therefore recommends that a time iimitation be retained.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING The Planning Director's
authorized representative has determined that the proposed project falis within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities}, as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement'to prepare additional environmental documentation. :
NOW, THEREFORE, BE1T RESOLVED that the Anaheim City Planning'Commission does
: hereby amend, in its entirety, the conditions contained in ResolutionNo. PC2001-145 toread as fo0ows
1. ; This condition was deleted at the public hearing.
2. That#he hours of operation shall be limited to the following:
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 work stations within the cafe shall be limited to fifty (50).
4. That no exterior vending machines visible to any public right-of-way shall be permitted.
5. That food sales shall be limited to vending machines located inside the building. No prepared food shall
be permitted.
6. That no alcoholic beverages shali be consumed or sold on the premises.
7. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m. without
parent or guardian supervision.
8. That the interior of the business shall be maintained with adequate illumination to make easily discernible
the conduct of patrons within the premises.
9. That the existing dark tint on the east side of the tenant space shaA be removed and may be replaced
with a lighter tint and shall not prevent visibility of the interior of the tenant space from outside the
premises. Said tint shall be approved by the Anaheim Police Department, Community Services Division.
Furthermore, there shall be no other window treatment on the east side of the tenant space.
10. That the computer stations shall be open and observable to employees at all times and no partition walls
shall be permitted.
11. That there shall be no public telephones on the premises located outside the building.
12. That there shalf be no seating areas or tables other than the computer workstations and the six (6) seats
shown on Exhibit No.2, approved by the Planning Commission.
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13. Thaf signage shall be limited to existing and approved signs. Any additional signage shall be subject to
review and approval by the Planning Services Division. Any decision by staff may be appealed to
Planning Commission as a Reporf and Recommendation item.
14. That the trash storage areas shall be refurbished to comply with approved plans :on file with the Public
Works Department, including replacement of the encfosures gates.
15. That the subjecf 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.
16.. That within a period of sixty (60) days from the date of this resolution Condition Nos: 9 and 14, '
above-mentioned, shall be compieted. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 of the Anaheim Municipal Code,
17. 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.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final invoice
or prior to the issuance of building permits for this project, whichever occurs first: Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application. '
THE FOREGOING RESOLUTION was adopted:at the Planning Commission meeting of
October 18, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal proce ures may b by a City Council
Resolution in the event of an appeaL F
-'~-~-~_:_.:
~ HAI , ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anahe+m City Planning
: Commission held on October 18, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSEN7: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
a~e b , 2~~4. ~~....n..~.-z._ l~~:s~-~ -
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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