Resolution-PC 2008-20•
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RESOLUTION NO. PC2008-20
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2007-05288
(5769 EAST SANTA ANA CANYON ROAD, UNITS D, E AND F)
WHEREAS, the Anaheim 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 l:
THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS
SHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A
POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIBED INDEED RECORDED MARCH 7, 1940
IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE, SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49'
25" WEST 3.00 FEET, AND SOUTH 740 10' 35" WEST 29839 FEET TO THE
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED INDEED TO W. F.
GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF
SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHWESTERLY LINE, SOUTH 74° 10' 35" WEST
715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND WESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC
DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT
4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS
SOUTH 06° 28' 11"EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16'
25" WEST 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY
27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17'
EAST 132.19 FEET, NORTH 60° 52' O1"EAST 189,71 FEET, AND NORTH 56° 00' S3"
EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE
ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET,
SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET
TO THE NORTHWESTERLY CORNER OF SAID LAND OF W. F, GLEASON;
THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND,
SOUTH 03° 22' 25" EAST 464.60 FEET' TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM THE EASTERLY PORTION OF SAID LAND, ONE-SIXTH OF
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ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDER AND IN
SAID LAND, BUT WITHOUT EXCEPTING OR RESERVING ANY RIGHT TO USE
THE SURFACE OF SAID LAND FOR ANY PURPOSE WHATSOEVER, AS
RESERVED BY JO ANN G. TOMLINSON IN DEED RECORDED FEBRUARY 21,
1964 IN BOOK 6933, PAGE 741 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THE WESTERLY PORTION OF SAID LAND, AN
UNDIVIDED ONE-EIGHTH INTEREST IN ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES UNDER AND IN SAID LAND, BUT WITHOUT
EXCEPTING OR RESERVING ANY RIGHT TO THE USE OF THE SURFACE OF
SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY JO ANN G.
TOMLINSON IN DEED RECORDED FEBRUARY 21, 1964 IN BOOK 6933, PAGE 739
OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL REMAINING OIL, GAS, MINERALS AND
HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE
SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON ANY
PORTION OF THE SURFACE ABOVE A DEPTH OF 500 FEET FOR ANY PURPOSE
WHATSOEVER, AS RESERVED BY FREDERICK K. GLEASON AND OTHERS, IN
DEED RECORDED DECEMBER 14, 1973 IN BOOK 11025, PAGE 620 OF OFFICIAL
RECORDS.
PARCEL 1 A:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP
RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE
NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 71.60 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE
WESTBOUND LANE THEREOF, AS SHOWN ON SAID TRACT NO. 7470; THENCE
ALONG SAID NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, SOUTH
74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND
SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 15° 49' 25" EAST 42,60 FEET; THENCE SOUTH 74° 10' 35" WEST
660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADNS OF 1968.00 FEET; THENCE ALONG
SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71
FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID
WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14",
AN ARC LENGTH OF 133.56 FEET; THENCE ALONG A TANGENT LINE, NORTH
740 10' 35" EAST ?44.13 FEET TO THE TRUE POINT OF BEGINNING.
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PARCEL 2:
THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP
FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA
ROAD, AS SHOWN ON PLANS ENTITLED "PLAN AND PROFILE OF PLACENTIA-
YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
COUNTY, DISTANT THEREON NORTH 0° 28' 36" EAST 384,41 FEET FROM ITS
NTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00
FEET WIDE, AS SHOWN ON A MAP ON FILE IN SAID OFFICE OF THE COUNTY
SURVEYOR;
THENCE SOUTH 83° 46' S7" EAST 230,68 FEET TO THE WEST LINE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF
OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST
160.31 FEET; THENCE North 71 ° 12' 00" EAST 116.09 FEET TO THE SOUTHERLY
CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL
C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL
RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY LINE OF SAID
LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A POINT IN THE NORTHERLY
LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-
OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON MAP FILED IN BOOK 4,
PAGES 44 TO 50
INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON
A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818,20 FEET;
THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY
ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE
OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE
SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF
THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF
ANAHEIM (REL-820)
BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED
COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF
SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY 23, 1973
IN BOOK 9, PAGE 9 OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE
ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST
257.80 FEET; THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT
OF BEGINNING.
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EXCEPT ALL OIL, MINERALS, NATURAL GAS, AND OTHER HYDROCARBONS
BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE
HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO,
TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED AND
RESERVED INDEED TO THE STATE OF CALIFORNIA (STATE PARCEL C2564)
RECORDED IN BOOK 8625, PAGE 802 OF OFFICIAL RECORDS.
PARCEL 2A:
ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA
ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA
ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN
BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY,
LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE
SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED
IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE
EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY. APN: 358-191-12
WHEREAS, Conditional Use Permit No. 2007-05288 is proposed to permit a
therapeutic massage clinic in an existing commercial retail center.
WHEREAS, this property is developed with a commercial retail center located in
the General Commercial zone and the Anaheim General Plan designates the property for
Neighborhood Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 2008, 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, 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 request to permit a therapeutic massage clinic in an
existing commercial retail center is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Personnel Services-Restricted).
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2. That the massage clinic use 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 it is in
an existing commercial retail center.
3. That 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 the use is consistent with the types of uses found in the existing
commercial retail center.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the parking demand for this use is the same as a general retail use permitted in the
commercial retail center; and
5. That granting of the conditional use permit under the conditions imposed,
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area.
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 FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, 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 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 health and safety of the Citizens of the City of Anaheim:
Responsible
COA Conditions of Approval for
Monitorin
TIMING: PRIOR TO PRIOR TO COMMENCEMENT OF OPERATION OF THE
BUSINESS
COA1 Complete aBurglary/Robbery Alarm Permit application, Form Police
APD 516, and return it to the Police Department prior to initial
alarm activation.
COA2 Business shall be equipped with an alarm system (silent or Police
audible).
COA3 File Emergency Listing Card, Form APD-281, with the Police Police
Department, available at the Police Department front counter.
COA4 Rear entrance doors shall be numbered with the same address Police
numbers or suite numbers of the business. Minimum 4" is
recommended.
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Responsible
COA Conditions of Approval for
Monitorin
TIMING: ONGOING DURING OPERATION
COAS Based upon the submitted letter of operation, the hours of Planning
operation shall be limited to the following:
1. Monday-Friday from 8 a.m. to 10 p.m.;
2. Saturday from 8 p.m. to 8 p.m.;
3. Sunday from 10 a.m. to 6 p.m.
COA6 This business shall operate in full compliance with Anaheim Code
Municipal Code Chapter 4.29 pertaining to Massage Enforcement
Establishments.
COAT An employee that is CPR and First Aide trained shall be on Police
premises at all times.
TIMING: GENERAL CONDITIONS
COA8 That the property shall be permanently maintained in an orderly Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
COA9 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by project applicant and which plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2 of
Conditional Use Permit No. 2007-05288, and as conditioned
herein.
COA10 That timing for compliance with conditions of approval maybe Planning
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.
COAL l That extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section 18.60.170
of the Anaheim Municipal.
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COA
Conditions of Approval Responsible
for
Monitorin
COA12 That approval of this application constitutes approval of the Planning
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 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 delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 4, 2008. 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 procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN NAHEIM P A ING COMMISSION
ATTEST:
SENIOI~'SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on February 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
ROMERO,VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of
February, 2008.
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ECRETARY, ANAHEIM PLANNING COMMISSION
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