Resolution-PC 2004-19•
RESOLUTION NO. PC2004-19
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04822 BE GRANTED
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 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 84, PAGES
5,6,7,AND 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on February 9, 2004 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
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 18.110.100.050.0520 to wit: to permit an amusement arcade within an
existing movie theater.
2. That the use is proposed in an existing movie theater at 5635 East La Palma Avenue
(Cinema City Theatres); that the zoning is Development Area 5(Commercial Area) of the Northeast Area
Specific Plan No. SP94-1 within the Scenic Corridor Zone Overlay; that the Anaheim General Plan land use
designation is General Commercial; and that this property is also located within the Alpha (Northeast)
Redevelopment Project Area.
3. That the proposal, 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 site is
surrounded by other commercial businesses.
4. 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 detrimental to the particular area nor to the peace, health,
safety and general welfare.
5. 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.
6. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That one letter was received in opposition to the proposal, and no one indicated their
presence at the public hearing in opposition.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, 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:
1. That window signs shall not be permitted.
2. That the hours of operation for the arcade shall be limited to 11:30 a.m. to midnight, daily, as stipulated
by the petitioner.
3. That the number of amusement devices shall not exceed fifteen (15).
4. That no exterior vending machines or games shall be permitted.
5. That no pool tables or billiards shall be permitted.
6. That no alcoholic beverages shall be sold or consumed on the premises.
7. That during normal school hours, no minors without guardian supervision shall be allowed on that
portion of the premises containing the amusement devices.
8. That no new signage shall be added to the outside of the building advertising the availability of arcade
devices.
9. That the amusement device arcade shall at all times be accessory to the movie theater.
10. That the amusement devices shall be for the exclusive use of theater patrons.
11. That requests for special event permits authorized under Section 18.02.055 (Special Event Permits-
General) of the Anaheim Municipal Code shall be limited to a maximum of four (4) per year for the entire
site.
12. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
13. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it
is removed, damaged, diseased and/or dies.
14. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to
the roof material. The numbers shall not be visible to adjacent streets or properties. Said information
shall be specifically shown on plans submitted to the Anaheim Police Department, Community Services
Division, for review and approval.
15. That a Burglary/Robbery Alarm permit application, Form APD-516, shall be completed and filed with the
Police Department.
16. That an Emergency Listing Card, Form APD-281, shall be completed and filed with the Police
Department.
17. That subject property shall be developed and maintained 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 the commencement of the activity authorized by this resolution or within a period of one (1)
year from the date of this resolution, whichever occurs first, Condition Nos. 14, 15, 16 and 17, above-
mentioned, shall be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits,
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Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
19. 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
and determine that adoption of this resolution is expressly predicated upon applicanYs compliance 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 t the Planning Commission meeting of
February 9, 2004.
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AIRPERSON, ANAHEIM CITY PLANNIN COMMISSION
ATTEST: /~~,'y~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~S G day of
, 2004.
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SENIOR SECRETARY, ANAHEIM CITY PL ANNING COMMISSION
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