Resolution-PC 98-207RESOLUTIO~,J NG. ~C,9£i-2G7
A RESOL1J710h OF T~f~ ANF,HEIM CITY F'L~~N~iNG C01,9;r!d3SION
THAT PETIT:C'-.J FOR COr iCl.TIONP.i. USE PERMIT 1'iQ, 4Q~5 B~ GRANTED
WHEREAS, tb:;+ A;;,°roim City P!anning Comrr~?~,5~~: •, ~;~ receive a verified Petition for
Conditional Use Permit for cer ~aTn r~~ al pr~pe~y situated in the C~r ~ ~; :anaheiR~, Go! ~nty of Orange, State
of Cafifornia, described as:
PARCELS 1, 2, 4, 5 AND 5 IN TNE GlTY OF AN:~HEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHObVN ~;7N F~ Iv~AP RE ~ORDEd IN BOOK 115 PAGES 40 AND
41 OF PARCEL MAP~; IN THli ~UFFdCE: OF THE COUNTY RECORDER OF SAID
COUNTY.
WHERtAS, the City Planning Commiss;on ~~(d ho~d a public hearing at the Civic Center in
the City of Anaheim on December 21, 1998 at 1;80 p.R.., notice of said public hearing having been duiy
given as required by law and in accordance volth the provisions of the Anaheim Municipal Code, Chap4er
1ti.03, to hear and consider evidence for and against sai~ proposed condltional 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 foilowing facts:
1. That lhe proposPd use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.025 to permit an amusement device arc2de for up to 10
amusement devices at an existing restaurant with sales of beer and wine for on-premises consumption.
2. That the proposed use will not adversely af(ect the adjoining Iand uses and the growth
and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use is adequate to allow the full
deveiopment of the amusemer~4 device arcade as an accessory use to the established restaurant and
does not affect compatibility with the surrounding Sand uses nar is it detrimental t~ lhe shopping center or
to the pea~e, health, safety and general welfare.
4. 7hat the traffic generated by the proposec~ :.musement device arcade, which is located
ent?rely within an existing restaurant, will not impose an undue burden upon the streets and highways
designed and improved to carry the traffic in the area because lhere is no increase in traffic associated
with the arcade.
5. That granting of this conditiona! uso permit, under the conditions irnposed, will not be
detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at the public hearing in oppasition to the proposal;
and that no corresaondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representatrve has d.~tarmined that the proposed project falls within the definition of Categorical
Exemptions, Class No. 15061(b)(3), as defined in the State of California Environmental Impact Report
(EIR) Guidelines and is, therefore, categorically exempt trom the requirement to prepare an EIR.
NO': ~~ '; HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does herebv grant subject Petition for Conditional Use Permit, upon the following conditions which are
CR3412PK.DOC -1- PC98-207
hereby found to be a necessary prerequisite ;o tha proposed itse of the subject property in order to
preserve the safety and general welfare of the Citizens of thi: G!?y of Anaheim: •
1. That the maximum number of amusement devices sha(I be iimited to a lotal of ten (10) devices; and
that said amusement devices shail be accessory to, and tn conjunction with, the primary restaurant
use.
2. That, if determined necessary by the Anaheim Police Department, licensed uniformed security
guard(s), approved by the Poiice 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.
3. That there shall be no advertisement for video games visible from the interior of the business to the
exterior.
4. (Recommended Condition No. 4 was deleted at the Planning Commission public hearing.)
5. That a valid business license and arcade permit shail be abtained from the Finance Department,
Business License Division. _
o. That there shall be no pool tables permitted within the restaurant or arcade areas.
7. That the hours of op~~ration shail be li~ited to the following hours, as stipulated by the petitioner:
Sunday through Thursday: 11:00 a.m. to 11:00 p.m.
Friday and ~aturday: 11:00 a.m. to 12:00 midnight.
8. That within a~~eriod of one (1) m~nth from the date of this resolution, the painted-on window
signage shall be removed; provided, however, that the window signac~e on the corner window,
which surrounds the back of the large screen television, shall comply with ~Code requirements for
tem~orary window signs.
9. That the operator of subject facility shall pay for the cost of any Code Enforcement inspections
which may be required to address Code violations.
10. That the subject property shall be developed substantially in accordance with placis and
specifications submitted to the City of Anaheirn by lhe petitiorier and which plans are on file with the
Planning Depa:tment mark~+,~ K;hibit Nos. 1 and 2, and as conditioned herein.
11. That prior to commencement of t:he activ(ry authorized by this resolution or within a period of one (1)
year from the iate of lh~~ resolu4ion, whi~hever occurs first, ~ondition Nos. 2, 5 and 10, above-
mentioned, shall be complied wi[h. Extensions for further ffine to complete said conditions may be
granted (n accordance wilh Se~:fon 18.03.090 of the Anaheim Municipal Code.
12. That approval of this application consti!utes 2ppraval of the proposed request only lo the extent lhat
it compiies wilh the Analr3•!n ;~Aunicipal Zoning Code and any other applicable City, State and
Federal regulations. ApF~roval 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 FURTHE.R RESOLVED that the Anaheim City Planning Commissfon does hereby
find and determine that adoptinn ~f th(s Resolution is expressly predicated upon applicani's cnmpliance
with each and ail of the conditions ha.reir~~3be~•~ set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable ,".~y 1.h,~~ :-~~t judgment of any court of competent jurisdiction, then lhis
Resolution, and any approvais herein tior'rained, shall be deemed null and void.
"2' PC98-207
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THE FOREGOING RESOLUTION dopted at th P an ng Commission meeting~of
December 21, 1998. j
~
CHAIRPE , N I~~t CITY PLAI~NING COMMISSION
A'ITEST:
O :~,~.~:,,,~
SECRETARY, ANAHEIM CITY PI.ANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Secretay 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
Cammission held on December 21, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~.f day of
1999.
~, .
~ sba~~a..
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
'3' PC98-207