Resolution-PC 2001-102~
RESOLUTION NO. PC2001-102
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2000-94, AS AMENDED,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2000-04242,
TO REINSTATE AND APPROVE THE MASSAGE FACILITY
FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE JULY 30, 2006
WHEREAS, on August 14, 2000, The Planning Commission adopted Resolution No.
PC2000-94 granting Conditional Use Permit No. 2000-04242, to establish conformity with existing Zoning
Code land use requirements for an existing nonconforming commercial retail center and liquor store on
property located at 404 to 452 North Lakeview Avenue, and to permit a massage facility at 430 North
Lakeview Avenue in the same center; and
WHEREAS, Condition No. 1 of said resolution specifies: "That this conditional use permit
as it pertains to the proposed massage facility shall expire one (1) year from the date of this resolution, on
August 14, 2001."
WHEREAS, on November 6, 2000, the Planning Commission adopted
Resolution No. PC2000-119, to amend the aforementioned Resolution No. PC2000-94, nunc
pro tunc, to correct Condition No. 20 regarding termination of previously-approved conditional
use permits which were no longer being utilized; and
WHERERS, this property is developed wi~h a commeFCial Fe~ail-center including a
massage facility (Body Centre) in the CL(SC) (Commercial, Limited - Scenic Corridor Overlay) zone; and
that the Land Use Element of the Anaheim General Plan designates the property for General Commercial
land uses: and
WHEREAS, property owner has submitted a request for modification of Condition No. 1
of Resolution No. PC2000-94, as amended, pertaining to the 1-year time limitation for the massage
facility to reinstate said business and to delete the time limitation; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 30, 2001 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 reinstatement of the massage facility (which will expire August 14, 2001) by the
m~~lifi~~ti~r~ Qr r~alatinn ~f thP r.nnciitinn c~f ar~p~~yal QPr~~i~jn~ t~ ~h~ ~n~ v~~r a#im~ limit~#iQn #Q r~~~in
the existing massage facility in an existing commercial retail center is permitted under authority of Code
Section No. 18.03.093.
2. That the use, as reinstated and amended, is properly one for which a conditional use permit
is authorized by the Zoning Code.
3. That the conditionally permitted use has been exercised in substantially the same manner as
originally approved by the Commission.
4. That the massage facility is being exercised in a manner not detrimental to the particular area
and surrounding land uses, nor to the public peace, health and safety and general welfare.
Tracking CUP 2001-04395
CR5144PK.doc -1- PC2001-102
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5. That the massage facility, as proposed to be reinstated, will not adversely affect the adjoining
land use and the growth and development of the area in which it is located; and that the Code
Enforcement Division has indicated that no Code violations or complaints have been received regarding
this massage business and that it has been operating in compliance with the conditions of approval as
originally adopted.
6. That the size and shape of the site for the use, as proposed to be reinstated, 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.
7. That the traffic generated by the use, as proposed to be reinstated, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
8. That the reinstating the massage facility, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC94-2000 adopted in connection with Conditional Use Permit No.
2000-04242, as amended by Reso~ution No. PC2000-119, to reinstate and approve the massage facility
portion of said conditional use permit for another five (5) years to expire on July 30, 2006; and
BE IT FURTHER RESOLVED that existing commercial retail center and liquor store at
404 to 452 North Lakeview Avenue, which were established as conforming uses by the original approval
of this conditional use permit, are not subject to the 5-year time limitation;
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their
entirety, the conditions of approval of Resolution No. PC2000-94, as amended, to read as follows:
Massaqe Facilitv
That the massage facility portion of this conditional use permit shall expire five (5) years from the
date of this resolution, on July 30, 2006.
2. That, as stipulated to by the petitioner, the hours of operation shall be limited to:
Monday through Friday: 8 a.m. #Q ~ p.m.
Saturday: 8 a.m. to 7 p.m.
Sunday: 8 a.m. to 7 p.m.
3. That any activity described under Code Section 18.89 for Sex-Oriented-Business shall not be
permitted on the premises.
4. 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.
5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made
availabte for inspection by any authorized City official during regular business hours.
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6. 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.
That should a security system be installed, a security alarm system and alarm permit application
shall be obtained from the Anaheim Police Department, Community Services Division.
8. That portable A-frame signs are not permitted by the Municipal Code and shall not be permitted as
an advertising device for this business.
LiQUOr Store with sales of alcoholic bevera4es for off-premises consumption
9. That no window signs shall be permitted at any time, in order to maintain unobstructed visibility of
the store interior from the outside.
10. That no video, electronic or other amusement devices or games shall be permitted anywhere on
subject property.
11. That no advertising of alcoholic beverages shall be located, placed or attached to any location
outside the building; and that no audio advertising, either interior or exterior shall be permitted.
12. That no alcoholic beverages shall be consumed on the premises.
13. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of
a~y p~b4ie en~ra~ee to the buildiFlg.
14. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic
beverages. .
15. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers
shall not be sold in packages containing less than a four (4) pack.
16. That no fast-food service shall be permitted in the liquor store.
Commercial Retail Center
17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
use.
18. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
19. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event
that i# is remov~d; dam~g~d; c~i~eased andbr dieS.
20. That roof-mounted balloons or other inflated devices shall not be permitted.
21. That all trash generated from this commercial retail center shall be properly contained in trash bins
contained within approved trash enclosures. The number of bins shall be adequate and the trash
pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of
refuse from the property. The Code Enforcement Division of the Planning Department shall
determine the need for additional bins or additional pick-up. All costs for increasing the number of
bins or frequency of pick-up shall be paid for by the business owner.
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22. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties, and that said lighting information
shall be specified on plans submitted for approval by the Community Services Division of the Police
Department and the Zoning Division of the Planning Department.
23. That no vending machines which are visible to the public right-of-way shall be permitted on the
property.
24. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in
order to increase visibility of the commercial retail center.
25. That any existing or proposed roof-mounted equipment shall be subject to the requirements of
Anaheim Municipal Code Section Nos. 18.44.030.120 and 18.84.062.032 pertaining to the CL(SC)
(Commercial, Limited - Scenic Corridor Overlay)Zone. If proposed, such information shall be
specifically shown on plans submitted for Zoning and Building Division approval.
26. That the number of tenant spaces shall be limited to fourteen (14) units, as specified on the exhibits
submitted by the petitioner and approved by the Planning Commission.
27. That signage for subject facility shall be limited to all legal existing signage as of the date of this
resolution. Any additional signs shall be subject to approval by the Planning Commission as a
"Reports and Recommendations" item.
28. That the property owner shall be responsible for maintaining the premises free of litter at all times.
29. That all public telephones (existing or proposed) shall be located inside a building.
30. That no outdoor storage, display or sale of inerchandise or fixtures shall be permitted.
31. That the subject property shall 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. 'I and 2, and as conditioned herein.
32. 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.
July 30, 2001.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~J' ~/~.w-.~.~~t.o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 July 30, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
N WITNESS WHEREOF, I have hereunto set my hand this ~ da of
Y
, 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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