Resolution-PC 2000-11~ i
RESOLUTION NO. PC2000-11
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4175 BE GRANTED
FOR ONE (1) YEAR TO EXPIRE ON JANUARY 31, 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 1:
THAT POTION OF LOT 67 OF TRACT NO. 2517, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 133, PAGE(S) 40, 41, AND 42, INCLUSIVE, MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS: PARCEL 1 AS SHOWN ON A MAP FILED IN
BOOK 8, PAGE 25 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2:
THE EAST 279.33 FEET OF TWE SOUTH TWO ACRES OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANGE LOS COYOTES, IN THE CITY OF ANAHEIM, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS 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 January 31, 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 recomm~ndations in connection therewith; and
WHEREAS, said Commisspon, 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 Section 18.44.050.040 to permit a 2,240 square foot acupressure (massage)
facility within an existing commercial retail center.
2. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use, as approved, 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.
4. That the tra~c generated by the proposal, as approved, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area.
5. That 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.
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6. That the proposed massage facility, operating in compliance with all Code requirements
and as approved, will not adversely affect the adjoining land uses, the growth and development of the
area, nor the citizens of the City of Anaheim.
7. That the size and shape of ~he subject tenant space in this commercial center is
adequate to allow full development of the proposed massage facility, as described in the letter of
operation and as approved, in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare because no expansion of the tenant space or substantial intensification of use
is proposed.
8. That the traffic generated by the proposed use will not be more than any other retail or
service use permitted by right in the underlying CL "Commercial, Limited" Zone; and that the proposed
massage facility will not impose an undue burden upon the streets and highways designed and improved
to carry traffic in the area.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received ioi opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 2,240 square foot acupressure (massage)
facility within an existing commercial retail center on a irregularly-shaped 0.94-acre property having a
frontage of 172 feet on the west side of Euclid Street, a maximum depth of 277 feet and being located
130 feet north of the centerline of Glenoaks Avenue, and further described as 825 North Euclid Street.
Unit D(proposed Kim's Acupressure); and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
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 pn the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Cond~tional Use Permit for a period of one (1) year to expire on
January 31, 2001, 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:
That this permit shall expire one (1) year from the date of this resolution, on January 31, 2001.
2. That, as stipulated to by the petitioner, the hours of operation shall be limited to 9 a.m. to 10 p.m.,
Monday through Saturday, with no more than four (4) 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 the premises for one (1) year and shall be
made available for inspection by any authorized City of Anaheim 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 should a security system be installed, a security alarm system and alarm permit application
shall be obtained from the Community Services Division of the Anaheim Police Department.
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7. 7hat subject property shall be developed substantialiy 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 identified as Exhibit Nos. 1 and 2, and as conditioned herein.
8. That prior to issuance of a building permit, or prior to the commencement of the activity authorized
by this resolution, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition No. 7, above-mentioned, shall be complied with. Extensions for further time
to complete said conditions may be gtanted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
9. 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 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 RESOLUTION was adopted at the Planning Commission meeting of
January 31, 2000.
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CHAIR ERSON, ANAHEIM TY PLANNING COMMISSION
ATTEST:
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SEC TAR , AHEIM CITY PLANNING COMMISSION
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 and adopted at a meeting of the Anaheim City Planning
Commission held on January 31, 2000, by Y~he following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
,,`- . IN WITNESS WHEREOF, I have hereunto set my hand this ~`-0"~ day of
C~w , 2000.
Q~lLls~ ~o~
S CRE A Y, ANAHEIM CITY PLANNING COMMISSION
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