Resolution-PC 2000-94•
RESOLUTION NO. PC2000-94
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04242 BE GRANTED,
WITH THE EXCEPTION OF THE MASSAGE FACILITY WHICH IS GRANTED FOR ONE (1) YEAR
TO E7CPIRE AUGUST 14, 2001
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 2, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 48 AND 49
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 14, 2000 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, 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 Commiss~on, 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 Sections 18.44.050.040, 18.44.050.135 and 18.44.050.193 to establish
conformity with existing Zoning Code land use requirements for an existing nonconforming commercial
retail center and liquor store, and to permit a massage facility in the same center.
2. That the proposal is located in CL(SC) (Commercial, Limited - Scenic Corridor Overlay)
Zone; and that the proposed massage facility is a business activity which is also regulated pursuant to
Chapter 4.29 "Baths, Sauna Baths, Massage Establishments and Similar Businesses" of the Anaheim
Municipal Code.
3. That the proposal, under the conditions imposed, will not adversely affect the adjoining
land uses and the growth and development of the area in which it is located.
4. That the size and shape of the site for the proposed uses 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 proposal will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That the granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that 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 32, 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:
Massape Facilitv:
That this conditional use permit as it pertains to the proposed massage facility shall expire one (1)
year from the date of this resolution, on August 14, 2001.
2. That the hours of business operation shall be limited to the following, as stipulated to by the
petitioner:
Monday through Friday: 8 a.m. to 9 p.m.
Saturday and Sunday: 8 a.m. to 7 p.m.
3. That any activity described under Chapter 18.89 (Sex-Oriented Business) shall not be permitted on
these premises.
4. That this business (including the conduct of all its employees) shall be operated in full compliance
Chapter 4.29 pertaining to massage establishments.
5. That all records of treatment shall be maintained on the premises for one (1) year and shall be
made available for inspection by any authorized City of Anaheim official during regular business
hours.
6. That this business shall be subject to unscheduled inspections by authorized City of Anaheim
personnel in order to observe and enforce compliance with all applicable Code requirements.
7. That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
8. That if a security system is installed, a security alarm system and alarm permit application shall be
obtained from the Anaheim Police Department, Community Services Division.
Liquor Store with sale of alcoholic beveraqes for off-premises consumption:
9. That no window signs shall be permitited at any time in order to maintain unobstructed visibility of
the store interior from outside.
10. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
11. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that no audio advertising interior or exterior shall be permitted.
12. That no alcoholic beverages shall be consumed on the premises.
13. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
any public entrance to the building.
14. That no person under twenty one (21) years of age shall sell, or be permitted to sell, any alcoholic
beverages.
15. 7hat beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
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16. That no fast-food service shall be permitted in the liquor store.
Commercial Retail Center:
17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
18. That the property shall be permanen~y 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.
19. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
20. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3673 (to permit the on-premises sale and consumption of beer and
wine in conjunction with an existing full-service restaurant at 416 North Lakeview Avenue) and
Conditional Use Permit No. 1899 (to permit a veterinary hospital).
21. That roof-mounted balloons or other inflated devices shall not be permitted.
22. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code ~nforcement Division of the Planning Department shall
determine the need for additional binS or additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid for by the business owner.
23. That the parking lot serving all the business in this commercial retail center shall be equipped with
lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of
all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in
such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and
that said lighting information shall be specified on plans submitted for Police Department,
Community Services Division, and Planning Department, Zoning Division, approval.
24. That no vending machines which are visible to any public right-of-way shall be permitted on the
property.
25. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in
order to increase the visibility of this commercial retail center.
26. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting to the roof material. The numbers shall not be visible to the street or adjacent
properties.
27. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on the plans submitted for Zoning Division and Building
Division approval.
28. That the number of tenant spaces shall be limited to fourteen (14) units as shown on the exhibits
(i.e., plans) submitted by the petitioner and approved by the Planning Commission.
29. That signage for subject commercial retail center shall be limited to all legal existing signs as of the
date of this resolution. Any additional signs shall be submitted to the Zoning Division for review and
approval by the Planning Commission as a"Reports and Recommendations" item.
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30. That the owner shall be responsible for maintaining this commercial retail center free of litter at all
times.
31. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner in the public rights-of-way adjacent to Lakeview Avenue
and/or McKinnon Drive. The size, type and number of trees shall be provided to the satisfaction of
the Urban Forestry Division.
32. That all public telephones (existing or proposed) shall be located inside the building.
33. That no outdoor storage, display or sales of inerchandise or fixtures shall be permitted.
34. 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 2, and as conditioned herein.
35. That prior to the issuance of building permits or prior to commencement of the massage facility
authorized by this resolution, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 7, 20 and 23, above-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
36. That prior to final building and zoning inspections or prior to commencement of the massage facility
authorized by this resolution, whichever occurs first, Condition Nos. 26, 31, 32 and 34, above-
mentioned, shall be complied with.
37. 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 applicant's compliance
with each and all of the conditions hereina~ove 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,~at the Planning Commission meeting of
August 14, 2000. ~~
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RPERSC~~V; ANAHEIM CITY PLANNING COMMISSION
ATT'EST:
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SE ET , ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arnd adopted at a meeting of the Anaheim City Planning
Commission held on August 14, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~/~ day of
, 2000.
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SECR ARY NAHEIM CITY PLANNING COMMISSION
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