Resolution-PC 99-100RESOLUTION NO. PC99-100
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSlON
'fHAT PETITION FOR CONDITIONAL USE PERNiIT NO. 4115 BE GRANTED FOR ONE (1} YEAR
WHEREAS, the Anaheim City Planning Commiscion did receive a verified Petition for
Conditional Use Permit for certain real ;~roperty situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL A:
PARCEL 1 AS SHOV~iN ON A MAP FILED IN BOOK 100, PAGES 17 AND 18 OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
CAUNIY, CALIFORNIA.
PARCEL B:
PARCEL 1 AS SHOWN ON THAT CERTAIN LOT LIyE ADJUSTMENT PLAT
RECORDED FEBRUARY 6, 1979 IN BOOK 13026, PAGE 1493 OF OFFICIAL
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED JANUARY 30,
1980 IN BOOK 13485, PAGE 47 OF SAID OFFICIAL RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 7, 1999 at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance w:th the provisions of the Anaheim Municipal Code, Cliapter 18.03, to
hear and consider evidence for an~; against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commissian, after due inspection, investigation and study made by itseff
and in its behalf, and after due consideration of all evidence and reports offered at said hearinc~, does find
and determine the foilowing 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 permit an amusement device arcade with up to
170 amusement devices within a proposed iamily e~itertainment center with waiver of the following:
Sections 18.06.050.020.025.0251 - Minimum number of oarkinp soaces.
18.06.080 (366 required; 355 proposed and concurred with by the
and 18.1 i0.110.1403 City Tra~c and Transportation Manager)
• 2. That the proposed family entertainment center/amusement device arcade is ~
conditionally permitted use in Development Area 5"Commercial Area" of the Northeast Area Specific
Plan-Scenic Corridor Overlay (SP94-1(SC)).
3. That the proposed use, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located.
4. Th~t the size and shape of the site for the propnsed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particu!ar area.
CR3654MS.DOC -1- PC99-100
5. That the traffic generated by the proposed family entertainment center, as conditioned,
wili not impose an undue burden upon the streets anij highways designeu and improved to carry the traffic
in the area.
6. That granting of this conditional use permit, under the conditians imposed, will not be
detrimental to the pPace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That the parking waiver, under the conditions imp~sed, ~viil not cause fewer off-street
parking spaces to be provided for such use than the number of spaces necessary to accommodate all
vehicles attributable to the use under the normal and reasonably foreseeable conditions of operation of
said use.
8. That the waiver, under the conditions imposed, wili not increase the demand and
competition for parking spaces upon the public streets i~ the immediate vicinity of the proposed use.
9. That the waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compli2nce
with Section 18.06.010.020 of this Code).
10. That the waiver, under the conditions imposed, will not increase traffic congestion within
the off-street parking areas or lots provided for such use.
11. That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streats in the immediate vicinity of the proposed use.
12. That one person indicated her concerns regarding the proposal at !he public hearing; that
ne one indicated their presence in opposition; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit ar amusement device arcade with up to 170
amusement devices within a proposed family entertainment center with waiver of minimum number of
parking spaces on property consisting of 3.2 acres located south and west of the southw?st corner of La
Palma Avenue and Imperiai Highway, having fror,tayes of 65 feet on the south side of La Palma Avenue
and 3R8 feet on the west side of Imperial Highway (5634 - 5636 East La Palma Avenue); and does
hereby approve the Negalive Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and lhat it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidenc~ that the project will have a significant
effect on the enyironment.
NOV;', THEREFORE, BE IT RES~LVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upo~i 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:
That the hours ot ,,,, ation for this family entertainment centedamusement device arcade shall be
limited to the following:
Sunday through Thursday: Noon to 11:00 p.~~,.
Friday, Saturday znd Holidays: i 1:00 a.m. to midnight
2. That no exterior vending machines or games shall be permitted.
3. That no exterior public telephones (i.e., telephones outside the buiiding where this use is locafed)
shal! be installed.
-2- PC99-100
4. That if any public telephones are proposed inside the business premises, they shall be located near
the iront counter as sfiown on the approved floor plan (cxhibit No. 2) in order to aliow adequate
supervision to minimize the opportuni:ies for prank telephone cails. The telephonps shall ~ot be
located near the res!room area.
5. That food sales shall be iia~ited !o vending machines locaked inside the builc~ing.
6. That no pool tables or billiard~, .~half be allowed.
7. That no alcotiolic beverages =f;al! be :.old or cun~umed on the premises.
8. That no minors without guardian supervisE~r sha{i lv~ ~,Ifowc;d ar the prernises during normal school
hours.
9. That no loud-speakers or u!her simi?ar dev;~,~~> c;;~,~~ ~e utilized. Noise levels shall not be so great
as to impac; ~l'r; ,~~~arbr bu~inesses. This buciness shall comply with the requirements of Chapter
6.70 "Sound PressurQ Cevels "
10. That for a period of ninety (90) days f,om the date of commencing business operations or as
determined to be necessary by the :4n~he;m Police Department, a state licensed and bonded
uniformed security guard shall be present from dusk to closing to specifically provide security ai~d tc,
discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property.
11. That the applicant shail cooperate with the shopping center owner to assure adequacy of parking lot
lighting.
12. That the applicant shall cooperate with the shopping center owner to re-stripe the parking lot.
~ 3. That the majority of the interior of tliese businesses premises shall be maintained as open area, and
the entire faciliry shali be adequately lighted at all times.
14. That there shall be no fewer than two (2) employees present before 4:00 p.m. and no fewer than
three (3) employees present after 4:00 p.m., ir addition to security personnel.
15. That signage for this family entertainment centedamusement device arcade shall be reviewed and
approved by the Zoning Division of the Planning Department. One (1) wall sign identifying the name
of the business shall be permitted, in compliance with Code requirements.
i6. That no window signage shall be permitted.
17. That prior to commencing operation of this business, a valid business license shall be obtained from
the City of Anaheim Business License Division of the Finance Department.
18. That subject use permit shall expire one (1) year from the date of this resnlution, on June 7, 2000.
19. 7hat the r~umber of amusement devices shall not exceed one hundred seventy (170).
20. That subJect property shall be developed substantially in accordar,ce 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.
21. T'~at no "in and ouY' privileges shall be permitfed for customers.
22. That prior to cammencement of the activity herein approved, or prior to final building and zoning
inspections, or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 4, 11, 12, 13, 15, 17 and 20, above-rt.entione~J, shall be complied with. Extensions
for further time to complete said conditfons may be ~~anted In accordance with Section 18.03.090 of
the Anaheim Municipal Code.
-3- PC99-100
23. That approvai of this application constitutes approval of the proposed request oniy to the extent that
it camplies with the Anaheim Mt,nicipal 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 aaplicanPs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be de~lared invalid or unenforceable by the final judgment of any court of competent jurisdictiun, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 7, 1999.
~~-~t'i.e/ /( . ~G~:~Ck.-..-~
CHAI PERSON ?RO-TEM C?F:E
ANAHEIM CITY PLA~JNING CC(NMI5310N
ATTEST:
~iZ~~^-~ ~TILU~I-'
SECRETA Y, AN EIM CITY PLANNING COMMISSIdN
STATE OF CALIFORN~A )
COUNTY OF ORANGE ) ss.
CITY OF ANAHE;M )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hensby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held an June 7, 1999, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES
NOES: COMMISSIONERS: VANDERBILT
ABSENT: COMMISSIONERS: BRISTOL, ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~/ _, 1999.
(/ G:/G~7GV N(/z(1~
SECR TARY, A AHEIM CITY PLANNING C~ MMISSIO
-4- PC99-100
N