Resolution-PC 2001-28~
RESOLUTION NO. PC2001-28
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4175
FOR FIVE (5) YEARS TO EXPIRE FEBRUARY 26, 2006
(CUP Tracking No. 2001-04307)
WHEREAS, on January 21, 2000, the Planning Commission adopted Resolution No.
PC2000-11 to grant Conditional Use Permit No. 4175 to permit a 2,240 sq.ft. accupressure (massage)
facility at 825 North Euclid Street, Unit D(Kim's Acupressure); and that Condition No. 1 of said resolution
specified that the use was approved for a period of one year to expire January 31, 2001; and
WHEREAS, this property is developed with a commercial shopping center in the CL
(Commercial, Limited) zone; and that the Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this use permit to retain the
existing accupressure (massage) facility in an existing commercial retail center under authority of Code
Section 18.03.093; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 26, 2001, at 1:30 p.m., notice of said public hearing having been duly
given as re4uired by law and in accordance with the provisions of the Anaheim Municipal Code, Ghapter
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 that this hearing was continued from
the meeting of January 17, 2001; 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 the business has complied with the original conditions of approval and the property is
being satisfactorily maintained and, therefore, a reinstatement period longer than one year is justified.
3. That all physical aspects of the property remain the same as when this use permit was
originally approved; that surrounding land uses in the immediate vicinity have not changed; that the
petitioner has complied with the conditions of approval; that this massage use in a commercial retail
center has demonstrated compatibility with the surrounding area and existing land uses; that there have
been no Code violations or complaints associated with this business operation; and, therefore, this
facility has not adversely affected adjoining land uses or the growth and development of the area.
4. That the petitioner has shown compliance with the conditions of approval as documented
by the Anaheim Police Department, the Code Enforcement Division and the Zoning Division.
5. That this use is being exercised in a manner which is not detrimental to the surrounding
areas or land uses, nor to the public peace, health, safety and general welfare.
6. That reinstatement of this use permit and modification of the time limitation is necessary to
permit reasonable operation of the business at this property under the use permit as originally granted.
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7. That the traffic generated by the use, as reinstated, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
8. That reinstating 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.
9. That the size and shape of the subject tenant space within the shopping center is adequate
to allow full development of this 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 intensification of the use is proposed.
10. 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 to reinstate an existing accupressure (massage) facility
in an existing commercial retail center and does hereby find that the Negative Declaration previously
approved in connection with Conditional Use Permit No. 4175 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 R€SO~VED #hat the Anaheim City Planning Com~ission does
hereby reinstate Conditional Use Permit No. 4175 to retain an existing accupressure (massage) facility
within an existing commercial retail center for a period of five (5) years to expire on February 26, 2006;
AND BE IT FURTHER RESOLVED that the Pfanning Commission does hereby amend, in
their entirety, the conditions of approval of Resolution No. PC 2000-11, adopted in connection with
Conditional Use Permit No. 4175, to read as follows:
That the subject accupressure (massage) facility shall expire five (5) years from the date of this
resolution, on February 26, 2006.
That, as stipulated 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 a minimum of one (1) year
and shall be made available for inspection by any authorized City 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 if a security system is installed, a security alarm system and alarm permit application shall be
obtained from the Community Services Division of the Anaheim Police Department.
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.
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8. That approvai 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
February 26, 2001. ~ /J ~
CHAIRPERS0IV, ~,d/~Yi-IEIM~CITY PLANNING COMMISSI
ATTEST:
d ~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
f, Osbelia Edmundson, Secretary of the Anaheim City Planning Commission, do hereby
c€r~ify ~ha~ th~ foFegoi~g Fesol~~ion was pass€d and adopted at a meeting of the Anaheim City Planning
Commission held on February 26, 2001, by the 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 ~~ day of
'~~.. , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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