Resolution-PC 2004-87~ ` ~
RESOLUTION NO. PC2004-87
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2001-102 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2000-04242 ,
(430A, 430B, 432 and 434 NORTH LAKEVIEW AVENUE)
WHEREAS, on August 14, 2000, thePlanning Commission adopted Resolution No.
PC2000-94 granting Conditional Use Permit No. 2000-04242, to establish conformity with existing Zoning.
Code land use requirements for an existing nonconforming commercial retail center and liquor store on
propertylocated at 404 to 452 North Lakeview Avenue, and to permit a massage facility at 430 North
Lakeview Avenue in the same center; and
~ WHEREAS, on July 30, 2001, the Anaheim City P{anning Commission did, by Resolution
No: PC2001-102, reinstate Conditional Use Permif No. 2000-04242for a period of five (5) years, to expire
July 30, 2006.
WHEREAS, Resolution No. PC2001-102, adopted in connection with the subject use
permit reinstatement includes the following conditions of approvaL
" 1. That the massage facility portion of this conditional use permit shall expire five (5) years
from the date of this resolution, on July 30, 2006.
31. That 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." :
WHEREAS, the petitioner has requested to amend said conditions of approval and amend
exhibits to expand an existing wellness spa and massage facility and to modify a condition of approval .
pertaining to time limitation. '
WHEREAS, the Anaheim City Planning Commission did receive a request for a
modification/amendment to the subject 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 9, 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
18.60.190, 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. That the proposed expansion is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.60.190.030 and 18.60.190.040.
2. That the proposed expansion will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located;
Cr\PC2004-087 -1- ' PC2004-87
(TRACKING NO. CUP2004-04871)
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3. That the size and shape of the site proposed for the expansion is adequate to allow
the fuil development of the proposed use in a manner not detrimental to the particular area or to health
and safety,
4. That the traffic generated by the proposed expansion will not impose an undue burden
upon the streets and highways designed and improved to carry fhe traffic in the area; and "
5. That the granting of the conditional use permit under the conditions imposed, if any, will :
not be detrimental to the health and safety of the citizens of the City of Anaheim. '
6. That no one indicated their presence at said public hearing in opposition; and that no
, correspondence was received in opposition to the subject petition.
- CALIFORNIA ENVIRONMENTAL QUALITY ACT FIf~DING: The Pianning Director or her
authorized representative has determined that the proposed project falls within the definition of ,
Categorical Exemptions,`Section 1530.1, Class 1(Existing Facilities), as defined in'the State CEQA
Guidelinesand is; therefore, exemptfrom the requirementto prepare'additional environmental
documentation. ,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC2001-102, adopted in connection with Conditional Use Permit Na
2000-04242, as amended by Resolution No. PC2004= ", to amend said conditions of approval and amend
exhibits to expand an existing wellness spa and massage facility and to modify a condition of approval
pertaining to time limitation; and
BE IT FURTHER RESOLVED that the existing commercial retail center and liquor store
at 404 to 452 North Lakeview Avenue, which were established as conforming uses by the original '
approval of this conditional use permit, are not subject to the time limitation;
BE IT FURTHER RESOLVED that thePlanning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution No. PC2001-102, as amended, to read as follows: :
Massaqe Facility
1. That the massage facility portion of this conditional use permit shall expire on July 30, 2011. ,
2. That, as stipulated to by the petitioner, the hours of operation shall be limited to:
Monday through Friday: 8 a.m. to 9 p.m.
Saturday: 8 a.m. to 7 p.m.
Sunday: 8 a.m. to 7 p.m.
3. That any activity described under Code Section 18.54 for Sex-Oriented-Business shall not be '
permitted on the premises.
4. That this business, including the conduct of all its employees, shall be operated in full compliance
with Anaheim Municipal Code 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 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 app~icable Code requirements.
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7. That should a security system be installed, a security alarm system ,and alarm permit application
shall be obtained from the Anaheim Police Department, CommunityServices Division.
8. That portable A-frame signs are not permitted by the Municipal Code and shall not be permitted as
an advertising device for this business. ~
Liquor Store with sales of alcoholic beveraqes for off-premises consumption -
9. That no window signs shall be permitted at any #ime, in order to maintain unobstructed visibility of
the store interior from the 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 shali be located, placed or attached to anylocation
outside the building; and that no audio advertising, either 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 iocated 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 seil any alcoholic
beverages. :
15. That beer shail not be sold in packages containing less than a six (6) pack; and thaf wine coolers
shall not be sold in packages containing less than a four (4) pack.
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 #or storage or other outdoor
use.
18. That the property shall be permanently 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 roof-mounted balloons or other inflated devices shall not be permitted.
21. 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 Enforcement 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.
22. That the parking lot serving the premises 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 approval by the Community Services Division of the Police
Department and the Zoning Division of the Planning Department.
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23. That no vending machines which are visible to the publ,ic right-of-way shall be permitted on the
, property.
24. That the required trees adjacent to the public'rights-of-way shall not be unnecessarily pruned in
order to increase visibility of the commercial retail center.
25. Thatany existing or proposed roof-mounted equipment shall be subject tothe requirements of
Anaheim Municipal Code Section Nos. 18.18.090.0202 pertaining to the GG(SC) (Commercial,
Limited - Scenic Corridor Overlay)Zone. If proposed, such information shall be specifically shown
on plans submitted for Zoning and Building Division approvaL
26. That the number of tenant spaces shall be limited to fourteen (14) units, as specified on the exhibits
submitted by the petitioner and approved by the Planning Commission.
27. That signage for~subject facility shall beJimited to all legal existing signage as of the date of this
resolution: Any additional signs shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
28. That the property owner shall be responsible for maintaining the premises free of litter at all times.
29. That all public telephones (existing or proposed) shall be located inside a building.
30. That no outdoorstorage, display or sale of inerchandise or fixtures shall be permitted.
31. 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 Revision 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3, and as
conditioned herein.
32. 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 appficable 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 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.
THE FOREGOING RESOWTION was adopted at the Planning Commission meeting of
August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60.130,
"Zoning Provisions - GeneraP' of the Anaheim Municipal Code p ining to appeal procedures and may
be replaced by a City Council Resolution in the event of a .~
, CHAIRPERSON, AN HEIM CITY PLANNING COMMISSION
ATTEST:
~~~.,.,...r~- i~~Z~c7'~.o ,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY-0F ORANGE ) ss. -
CITY OF ANAHEIM ),
J, Eleanor Morris, 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 heid'on August 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN,FLORES, O'CONNELL, ROMERO;VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: VANDERBILT-LINARES
I WITNESS WHEREOF, I have hereunto set my hand this ~ T-'~day of '
I/ U ~ , 2004:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION