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Resolution-PC 2004-2• • RESOLUTION NO. PC2004-2 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04465, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-168, ADOPTED THEREWITH WHEREAS, on December 3, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-168, grant Conditional Use Permit No. 2001-04465, in part, to permit a computer rental and internet access business for a period of two years until December 3, 2003 (a proposed waiver of minimum number of parking spaces was denied because it was determined to be unnecessary); and that said Resolution includes the following conditions of approval: That the subject use permit shall expire in two (2) years from the date of this resolution. 12. That there shall be no seating areas or tables other than the computer workstations and the ten (10) seats shown on Exhibit No. 2 submitted by the petitioner and approved by the Planning Commission. WHEREAS, on June 11, 2002, the Anaheim City Council did, by ordinance, amend the Zoning Code to adopt the following definition: "Computer Rental/Internet Amusement Business." A business establishment which, for compensation, provides for public use ten (10) or more computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, E-Mail, video games played over the Internet or other computer game software, whether or not said computer activity constitutes the primary use of the premises. Establishments known variously as PC Cafes or Zones, Internet Cafes or Zones, Cyber Cafes or Cyber Centers are expressly included within the foregoing definition. Educational institutions and child care centers, as said terms are defined in Chapter 18.01 (Definitions) of the Anaheim Municipal Code, are not included." WHEREAS, this property is developed with a 64,024 square foot commercial retail center including subject business (Cyber World) at 5642 East La Palma Avenue; that the underlying zoning is Development Area 5(Commercial Area) of the Northeast Area Specific Plan No. SP 94-1 in the (SC) "Scenic Corridor Zone Overla~'; that the Anaheim General Plan designates the property for General Commercial land uses; and that the property is located within the Alpha Northeast Redevelopment Project Area; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain the computer rental and internet access and amusement (entertainment) business pursuant to Code Section 18.03.093 of the Anaheim Municipal Code (Extensions of Conditional Use Permits and Variances Approved with Time Limitations) and to delete the time limitation; and that the petitioner has also submitted a revised floor plan (labeled Revision No. 1 of Exhibit No. 2) to permit two round tables in the waiting area pursuant to Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 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 amendment and to investigate and make findings and recommendations in connection therewith; and Tracking No. CUP2003-04810 CR\PC2004-002.doc -1- PC2004-2 • • 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, will not adversely affect the adjoining land uses and the growth and development of the area in which it is Iocated. 3. That the size and shape of the site for the proposal is adequate to allow full development of the use 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 amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, 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 is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That modification of the conditions of approval, including deletion of the time limitation, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as originally granted. 9. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 2001-04465 to permit a computer rental and internet access and amusement (entertainment) business without a time limitation; AND BE IT FURTHER RESOLVED, that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. 2001-168 adopted in connection with Conditional Use Permit No. 2001-04465, to read as follows: That the hours of operation shall be limited to: Sunday through Thursday: 10 a.m. to 2 a.m. Friday and Saturday: 10 a.m. to 4 a.m. 2. That the number of computer workstations shall be limited to sixty six (66). 3. That no exterior vending machines which are visible to the public right-of-way shall be permitted. 4. That food sales shall be limited to two (2) vending machines located inside the building. No prepared food shall be permitted. -2- PC2004-2 • • That no alcoholic beverages shall be consumed or sold on the premises. That no minors shall be allowed on the premises during normal school hours and/or after 10 p.m. without parent/guardian supervision. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within the premises. Said information shall be specifically shown on plans submitted to the Zoning Division and Police Department for review and approval. That the computer stations shall be open and observable to employees at all times and no partition walls shall be permitted. That window tinting may be permitted only to the extent it does not obstruct visibility into the tenant space; and that no other view-obstructing material including window signs shall be permitted. 10. That there shall be no public telephone on the premises which are located outside the building and under the petitioner's control. 11. That there shall be no seating areas or tables other than the computer workstations and the ten (10) seats and two (2) tables shown on Revision No. 1 of Exhibit No. 2 submitted by the petitioner and approved by the Planning Commission. 12. That the 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 marked Exhibit Nos. 1 and Revision No. 1 of Exhibit No. 2, and as conditioned herein. 13. That four (4) foot high address numbers shall be maintained on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to surrounding streets or properties. 14. That signage shall be limited to existing and approved signs. Any additional signage shall be subject to review and approval by the Zoning Division. Any decision by staff may be appealed to Planning Commission as a`Reports and Recommendations' item. 15. 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. THE FOREGOING RESOLUTION was adopted the Planning Commission meeting of January 12, 2004. ~-HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION A IOR S~ECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2004-2 • ~ I, Pat Chandler, 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 January 12, 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 -~'~~day of c , 2004. ~! = ~,r ~f .~ /I „ SENIOR SE~RETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004-2