Resolution-PC 2006-7• ~
RESOLUTION NO. PG2006-7
~4 RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0. 4073 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-12
ADOPTED IN CONJUNCTION THEREWITH
(2054 SOUTH EUCLID STREET, UNIT H)
WHEREAS, on November 23, 9998, the Anaheim Planning Commission; by Resolution No.
PC98-188, approved Conditional Use Permit No. 4073 topermit a 1;190 sq. ft. acupressure (massage)
facility at 2054 South Euclid Street, Unit H; and that Condition Na 1 specified that the conditional use permit
shall expire one (1) year#rom the date of the resolution, on November 23, 1999;
WHEREAS, on January 3, 2000, the Anaheim Planning Gommission did, by Resolution Na
PC2000-03, reinstate the use for one (1) year until January 3, 2001;
WHEREAS, on January 17, 2001, the Anaheim Planning Commission did, by Resolution Na
PC2001-12, reinstate the use for five (5)years until January 3, 2006;
WHEREAS, said Resolution No. PC2001-12 includes the following conditions of approvaL•
"1. That the subject massage facility shall expire in `five (5) years, on January 3, 2006."
"2. That the hours of operation shall be limited to 10 a.m. to 9 p.m. seven (7) days a
week, with no more than four (4) employees working at any one time."
WHEREAS, the property is currently developed with a commercial shopping center in the
CG (General Commercial) zone; and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of Califomia, described as: '
PARCEL 1: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF
THE NORTHHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF '
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MSICELLANEOUS
MAPS, lN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS: .
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF TRACT NO. 3946, AS SHOWN ON A
MAP RECORDED IN BOOK 140 PAGES 33, 34 AND 35, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE GENERAL
WESTERLY LINE OF SAID TRACT NORTH 00° 56' 30" WEST 350.95 FEET TO THE
NORTHWEST CORNER OF LOT 5 OF SAID TRACT; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF LOTS 7 AND 8 OF SAID TRACT AND THE WESTERLY PROLONGATION
THEREOF, SAID SOUTHERLY LINES AND PROLONGATION ALSO BEING THE SOUTHERLY
LINE OF THAT CERTAIN LAND DESCRIBED W DEED TO IRENE M. RICHTER, RECORDED IN
BOOK 4431 PAGE 457 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, 355.00 FEET TO
THE SOUTHWESTERLY CORNER OF SAID LAND OF IRENE M. RICHTER; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID SOUTH ONE-HALF 220.94 FEET TO THE
NORTHWESTERLY CORNER OF THAT CERTAIN LAND DESCRIBED IN THAT CERTAIN LEASE
BETWEEN GEORGE L. ARGYROS AND OTHERS, AND THE SOCONY MOBIL OIL COMPANY,
INC., RECORDED IN BOOK'8020 PAGE 938 OF SAID OFFICIAL RECORDS; THENCE
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EASTERLYALONG THE NORTMERLY;.LiNE 188.00 FEET AND SOUTHERLY ALONG THE
EASTERLY LINE 130.00 FEET OF SAID LAST MENTIONED tAND TO THE SOUTHERLYIINE
OF THAT CERTAIN LAND DESCRIBED W QUITCLAIM DEED TO ALEX L. FISMMAN,
RECORDED IN BOOK 8020 PAGE 941 OF SAID OFFICIAL RECORDS; THENCE EASTER
ALONG SAID LAST MENTIONED SOUTHERLY LINE 167.00 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the applicant has requested reinstatement of this conditional use permit to
permit a 1,190 sq. ft.'acupressure (massage) facility by modifying condition nos. 1 and 2 of Resolution No.
PC2001-12 pertaining to a time limit, and hours of operation respectively, pursuant to Chapter 18.60 of the'
Anaheim Municipal Code; and
WNEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the '
City of Anaheim on January 9, 2006, at 2:30 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
"Procedures" to hear and considerevidence for and against said proposed amendment and to investigate
and make'findings and recommendations in connection therewith.
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#acts:
1. That all physical aspects of the property and premises remain the same as when this use
permit was originally approved and subsequently amended; and that surrounding land uses in the immediate ,
vicinity have not changed.
2. That this Use permif is being exercised in substantially the same manner and in conformance
with all conditionsof approvaL
3. That field inspection byPlanning Department staff indicates that the property is in
compliance with all the conditions of approvaL
4. That reinstating this use permit and modifying the hours of operation, under the conditions
imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it
is located.
5. That amendment of the time limitation is necessary to permit the continued reasonable
operation of this use under the use permit as previously granted.
6. That a person relayed concems pertaining to the hours of operation; and that no
correspondence was received in opposition to the subject petition. '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commiss+on has reviewed the proposal to reinstate this conditional use permit to retain a 1,190 sq. ft.
acupressure (massage) facility and amend hours of operation at 2054 South Euclid Street, Unit M; and does
hereby find that the Negative Declaration previously-approved in connection with Conditional Use Permit No.
4073 is adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered
the previously approved 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 evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve reinstatement of this permit and amendment to a condition of approval pertaining to hours of
operation and further, incorporates the conditions of approval contained in Resolution No. PC2001-12 into a
new resolution with the following conditions of approvaL•
-2- PC2006-7
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1. That this conditional use permit shall expire on January 3, 2011.
2. That, as stipulated to by the petitioner; the hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.
seven (7) days'a week, with no more than two'{2) employees working at any one time.
3. 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.
4. That all records of treatment shall be maintained on 4he premises for one (1) year and shall be made
available for inspection by any authorized City official during regular business hours.
5. 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.
6. That subject property shalf 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.
7. 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 Cify, 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 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.
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 or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appeal rocedur s and may be replaced
by a Gity Council Resolution in the event of an appeaL
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AIR , ANA EIM PLANNING COMMISSI
ATTEST:
.~ja~"""'v-t~ ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
(:UUN I Y Vt VKHNC~t ) SS.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning ,Commission, do hereby certify
thaf the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 9, 2006, by the foliowing vote of the members thereof: .
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ'
NOES: COMMISSIONERS: NONE .
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto sef my hand this ~2 L~~' day of
a~r , 2006.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION