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Resolution-PC 2000-3~ • RES~LUTION NO. PC2000-3 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4073 FOR A PERIOD OF ONE YEAR TO EXPIRE JANUARY 3, 2001, AND AMENDING CERTAIN CONDITI~ONS OF APPROVAL OF RESOLUTION NO. PC98-188, ADOPTED THEREWITH WHEREAS, on November 23, 1998, Resolution No. PC98-188 was adopted by the Anaheim City Planning Commission to appr~ove Conditional Use Permit No. 4073 and permit a 1,190 sq.ft. accupressure (massage) facility at 2054 South Euclid Street, Unit H, for a period of one year; and that Condition No. 1 of said resolution spec6fies that the conditional use permit shall expire on November 23, 1999; and WHEREAS, this property is developed with a commercial shopping center, including subject acupressure/massage facility; that the property is zoned CL (Commercial, Limited); and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on November 23, 1999, to retain the existing accupressure (massage) facility within an existing commercial retail center. WHEREAS, the City Plannong Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 3, 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 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 use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. That this conditional use permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. 3. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare, as discussed in paragraphs (7) through (11) of the Staff Report to the Planning Commission dated January 3, 2000. 4 That the reinstated use will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 5. That the size and shape of the site for the reinstated use is adequate to allow the full development of the proposal in a manner nnt detrimental to the particular area nor to the peace, health, safety and general welfare. 6. That the traffic generated by the reinstated use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. CR3855PK.DOC -1- PC2000-3 • ~ 7. That reinstating this conditibnal 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. 8. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received ih opposition. CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the pro,posal to reinstate this conditional use permit, which permitted an acupressure (massage) facility until November 23, 1999, on an "L" shaped 2.43-acre site located north and east of the northeast corner of Orangewood Avenue and Euclid Street, with frontages of 167 feet on the north side of Orangewood Avenue and 221 feet on the east side of Euclid Street, and further described as 2054 South Euclid Street, Unit H; and does hereby determine 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 le~d 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 City Planning Commission does hereby amend Resoultion No. PC98-1,88, adopted in connection with Conditional Use Permit No. 4073, to reinstate this conditional use permit and to amend Condition Nos. 1 and 2 therein to read as follows: That the subject massage facility shall expire one (1) year from the date of this resolution, on January 3, 2~01. 2. That the hours of operationl 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. 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 hereinab~ove 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 RESOLUfiION was adopted at the Planning Commission meeting of January 3, 2000. ,,~,~ ~~~~ ~HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: G~r~ C~l~ SECRETARY, A HEIM CITY PLANNING COMMISSION CR3855PK. DOC -2- PC2000-3 • • STATE OF CALIFORNIA ) COUNTY OF ORANG~ ) 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 3, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBIL7 NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this /~~~day of , 2000. ~~ ~/~U ~ SECRE ARY, AHEIM CITY PLANNING COMMISSION CR3855PK.DOC -3- PC2000-3