Resolution-PC 2001-12~ ~
RESOLUTION NO. PC2001-12
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4073
FOR FIVE (5) YEARS TO EXPIRE ON JANUARY 3, 2006
(CUP Track No. 2001-0429~
WHEREAS, on November 23, 1998 the Planning Commission adopted Resolution No.
PC98-188 to grant Conditional Use Permit No. 4073 and permit an acupressure (massage) facility at
2054 South Euclid Street; and that Condition No. 1 of said resolution permitted the use for a period of
one year until November 23, 1999; and
WHEREAS, on January 3, 2000 the Planning Commission adopted Resolution No.
PC2000-3 to reinstate the use until January 3, 2004; and
WHEREAS, this property is developed with a commercial shopping center in the CL
(Commercial, Limited) zone; 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 use permit to retain the
existing acupressure (massage) facility in the commercial retail center and deletion of the one-year time
limitation (which expired on January 3, 2001).
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 17, 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 amendment 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 use proposed to be reinstated is properly one for which a conditional use permit is
authorized by the Zoning Code.
2. That this use permit is being exercised in substantially the same manner and in
conformance with all conditions and stipulations originally approved by the Planning Commission as
required by Subsection 18.03.093.040 of the Zoning Code.
3. That the petitioner has shown compliance with the conditions of approval and that this
massage business in a commercial retail center has demonstrated compatibility with the surrounding area
and land uses; and that there have been no Code violations or complaints associated with its operation
and the facility has not adversely affected the adjoining land uses, the growth and development of the
area, or the citizens of the City of Anaheim.
4. That the size and shape of the tenant space within the shopping center is adequate to allow
full development of the massage facility, as described in the letter of operation, 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.
CR4998PK.doc -1- PC2001-12
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5. That without the modification of the time limitation, this business would not be permitted at
this location because an accupressure (massage) facility requires approval of a conditional use permit.
6. 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: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find 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 lead 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 reinstate Conditional Use Permit No. 4073 to retain the acupressure (massage) facility for a period
of five (5) years to expire on January 3, 2006;
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC98-188 adopted in connection with
Conditional Use Permit No. 3688, as amended, to read as follows:
That the subject massage facility shall expire in five (5) years, on January 3, 2006.
2. That the hours of operation 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.
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 o~cial 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 subject property shall be maintained 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. 1 and 2, and as conditioned herein.
7. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 17, 2001. ,~ ,~
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CHAIRPERSON, N HE
LANNING COMMISSION
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ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, 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 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 3 day of
, 2001.
VL~Y.kQ.-~ C~-^~r4d.~ti~`~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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