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Resolution-PC 2009-104RESOLUTION NO. PC2009-104 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO 2009-05446 (DEV2009-00003) (2945-2949 WEST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009-05446 to permit an internet cafe for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, this property is developed with a commercial shopping center located in the General Commercial zone and the Anaheim General Plan designates the property for Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 26, 2009, at 3:30 p.m., notice of said public hearing havinp, been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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. The request to permit an internet cafe is properly one for which a conditional use permit is authorized under Code Section Nos. 18.08.030.040.0402 (Uses) of the Anaheim Municipal Code. 2. The operation of the internet caf e will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is entirely within an existing, building with no outside activities and it is compatible with existing commercial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing tenant space of an established commercial center. 4. The traffic generated by the internet cat will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because a total of 122 parking spaces are required by code for the commercial center including the internet cafe and 160 parking spaces are provided and the demand for parking for this use is the same as uses permitted in the commercial zone. 1 PC2009-104 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to commercial uses in the area and activities would occur entirely within the existing tenant space. 6. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, 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, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009-05446 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED 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. -2- PC2009-104 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 26, 2009. ATIEST: CHAIRMAN. ANA IM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Grace Medina, 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 October 26, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, FAESSEL IN WITNESS WI-IEREOF, I have hereunto set my hand this 26 day of October, 2009. SENIOR SECkETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009-104 EXIIIBIT "A" CONDITIONAL USE PERMIT NO. 2009-05446 126-261-30 APN: 126-261-28 Fet W BALL RD Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is 41- two to five feet. 10851 PC2009-104 NO. CONDITIONS OF APPROVAL PRIOR TO COMMENCEMENT OF THE BUSINESS 1 3 5 6 EXHIBIT ‘‘B" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-05446 (DEV2009-00003) Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons. The business shall be equipped with an alarm system (silent or audible). Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.netiarticle.asp?id.678 Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. All exterior doors to have adequate security hardware, e.g. deadbolt locks. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. RESPONSIBLE FOR MONITORING Police Department Police Department Police Department Police Department Police Department Police Department Police Department Police Department PC2009-104 9 File Emergency Listing Card, Fomi APD-281, with the Police Police Department Department, available at the Police Department front counter. or it can be downloaded from the following web site: http://www.anaheim.netiarticle.asp?id.678. GENERAL 10 The rear door of the internet caf business shall remain closed except in the event of an emergency. 11 Hours of operation shall be limited to10 am 2 am Sunday thru Thursday and 10 am 4 am Friday and Saturday. The windows of said establishment may not be covered or blocked in any way. This would include curtains, drapes, or dark tinting. There must be clear visibility into the establishment at all times. 13 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Code Enforcement Police Department Police Department Police Department 14 Minors may not enter or remain in the Internet Caf6 after 10 Police Department P.m. 15 The property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan) and as conditioned herein. PC2009-104