RES-2008-135RESOLUTION NO. 2008- 13 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DENYING CONDITIONAL USE
PERMIT NO. 2008 05297.
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Conditional Use Permit No. 2008 -05297 for certain real property situated at 2424 West Ball
Road, Unit J, in the City of Anaheim, County of Orange, State of California, as more particularly
shown in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, said application seeks approval of a conditional use permit to permit and
retain a Massage Establishment in an existing commercial retail center; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2008 -57 denying Conditional Use Permit No. 2008 05297;
and
WHEREAS, within the time prescribed by law, the applicant did appeal said Planning
Commission decision to the Anaheim City Council, asking the City Council to approve said
conditional use permit, and
WHEREAS, thereafter, the City Council did set said application for a de novo
hearing, which public hearing was duly noticed in the manner provided by law; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council does find, after careful consideration of all evidence
and reports submitted to the Anaheim City Planning Commission and the action taken by said
Commission, and all evidence and reports offered at said public hearing before the City Council, that
all of the conditions and criteria set forth in the Anaheim Municipal Code are not present for the
following reasons:
1. That the property is developed with a commercial retail center and is zoned General
Commercial (C -G). The Anaheim General Plan designates this property and the properties to the east
for General Commercial land uses. The properties to the north, across Ball Road, are designated for
Corridor Residential land uses. The property to the west and south is designated for School land use
and is the site of Magnolia High School.
2. That the request to permit and retain a massage business in an existing commercial retail
center is properly one for which a conditional use permit is authorized under Code Section No.
18.08.030.040.0402 (Personnel Services Restricted) of the Anaheim Municipal Code.
3. That the owner of the Massage Establishment was issued a citation by Code Enforcement
for operating without a conditional use permit as required by Section 18.08.030.040.0402 and an
Operator's Permit as required by Section 4.29.030 of the Anaheim Municipal.
4. That the business owner continued to operate the Massage Establishment without the
necessary City approvals following a determination of guilt in connection with the above referenced
charges and was subsequently cited by Code Enforcement on two separate occasions for the same
conduct.
5. Thereafter, the business owner was arrested and has been charged with a violation of
Section 647(b) of the California Penal Code (Disorderly Conduct; prostitution) in connection with
the operation of the Massage Establishment.
6. The permit application has been transferred to a new applicant; the applicant seeks
approval of a conditional use permit to permit and retain a Massage Establishment at the above
referenced location.
7. That the proposed use will adversely affect the adjoining land uses, or the growth and
development of the area in which it is proposed to be located for the following reasons:
a. That the proposed Massage Establishment would not promote positive commercial
development in the immediate area and would not be compatible with the Corridor Residential land
uses designated to the north and School land use established to the west, adjacent to the proposed
business.
b. That there is a risk of illegal activity associated with Massage Establishments
involving prostitution and other unlawful sexual activities.
c. That one of the primary purposes of land use planning is to ensure compatibility
between adjacent land uses.
d. That approval of the conditional use permit at the proposed location would create a
potential for conflict between the proposed Massage Establishment and the adjoining School land
uses and neighboring Corridor land use designation on the north side of Ball Road.
2
e. That the approval of the conditional use permit would be detrimental to the health and
safety of the citizens of the City of Anaheim and would provide a land use that is not compatible
with the surrounding area.
8. Based upon the above findings, the granting of the conditional use permit will be
detrimental to the health and safety of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the action of the City Planning Commission in denying said conditional use permit be,
and the same is hereby, affirmed for the reasons hereinabove specified, and that the request to permit
and retain a Massage Establishment in an existing commercial retail center be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which rehearings must be sought
is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is governed by the provisions of
Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 1 5th day of July 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK OF THE CITY OF ANAHEIM
69654.v 1 /MGordon
CITY OF AHEIM
By:
3
MAYOR OF THE CITY 0 NAHEIM
e 50 100
Feet
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is five feet.
Subject Property
Conditional Use Permit No. 2008 -05297
2424 West Ball Road
10526
Exhibit A