Resolution-PC 2006-102. •
RESOLUTION NO. PC2006-102
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
' REINSTATING AND APPROVING CONDITIONAL USE PERMIT
NO. 4175 AND AMENDING THE CONDITIONS OF APPROVAC OF
' RESOLUTION NO. PC20Q0-11, ADOPTED W CONJUNCI'ION
THEREWITH . '
(825NORTH EUCLID STREET SUITE D, KIM'S ACUPRESSURE)
' WHEREAS, on January 31, 2000, the Anaheim Planning Commission, by its Resolution No.
PC2000-11, approved Conditional Use Permit Na 4175 to permit an acupressure (massage) facility within an
existing commercial retail center, and that Condition No.1 specified that the conditionat use permit shall expire
one (1) year from the date of the resolution, on January 31, 2001; _
WHEREAS; on February 26, 2001, the Anaheim Planning Commission, by its Resolution Na
PC2001-28, did amend the conditions'of approval of Resolution No. PC2000-11 , and did reinstate Conditional
Use Permit No. 4175 to retain an existing acupressure (message) facility within an existing commercial retail
center for a period of five (5) years to expire on February 26, 2006;
WHEREAS,'the property is currently developed with a single story commercial building, the
underlying zoning is C=G (General Commercial), and the Anaheim General Plan designates #his property for
Residential Corridor`land uses; and '
WHEREAS, the applicant has requested reinstatement of this conditionaf use permit to retaina
previously-approved acupressure (massage) facility within an existing commercial retait cenfer pursuant to
Section 18.60 of fhe Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on November 13, 2006, at 2:30 p.m., notice of.said publichearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter'18.60'Procedures", to
hear and consider evidence for and against said proposed amendment and to investigate and make findings
and recommendations in connection therewith; and
PARCEL 1: THAT PORTION OF LOT 67 OF TRACT NO. 2517, IN ' THE CITY OF :
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORpED W
BOOK.133, PAGE(S) 40, 41, AND 42, INCLUSIVE, MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID'COUNTY, DE5CRIBED AS FOLL0INS: 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 THE 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, 1N THE CIT3' OF
ANAHEIM, AS PER MAP RECORDED 1N SOOK 51, PAGE 10 OF MISCELLANEOUS MAPS. 4N
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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 applicant's proposal to reinstate a previousty-approved acupressure (massage) facility
is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Personal Services-Restricted) &
18.60.180 (Reinstatement of a time-limited permit).
CR\PC2006-102 -1- PC2006-102
' (Tracking Na CUP2006-05133)
• •
2. That th,e proposed reinstatement and deletion of time limitation for the acupressure (massage)
facility would not adversely affect the adjoining land uses and the growth and development of the area in which
it is currently located becausethe facilityalready exists and is being operated in conformancewith a0 conditions
of approval. ' , .
3. , Thaf the size and shape of the site for the proposal is adequate to allow full development of the
use in a manner not detrimental to the particular area.
4. That the proposed deletion of the time limitation is appropriate because it is not anticipated that ,
' the acupressure (massage) facility would relocate in the near future or change its operation, and the periodic
review of this use is no longer necessary'since the facility has been properly maintained over an extended
: period of time:
5. That granting this reinstatement; under the conditions imposed, will not be detrimental to the
health and safety of the citizens of the City of Anaheim.
6: That the facts necessary to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed `that the site is in compliance with all conditions of approval and that there have been no
vice related calls'for service within the last year.
7. 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 health'and safety.
8. ' That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning -
Commission has reviewed the proposal; 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 documentatior~ in connection with this request to reinstate a acupressure (massage) facility
without a time limit 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 significanf effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim CityPlanning Commission, for the
reasons hereinabove stated, does hereby reinstate Conditional Use Permit No: 4175 to retain an existing
acupressure (message) facility within an existing commercial retail center.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend >
the conditions of approval of Resolution No. PC2000-11; relating to Conditional Use Permit No. 4175, as '
follows
1. That, as stipulated by the applicant, 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. :
2. 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.
3. 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.
4. 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.
5. 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.
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6. That the property owner shall pay the cost of Community Preservation Division and/or Police
Department inspections on an annual basis for the duration of this permit, or as deemed necessary for the Gity's
Community Preservation Division and/or Police Department to gain and/or maintain compliance with State and
local statues, ordinances, laws or regulations.
7. That subject property shall be maintained substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein,
8. That approval of this application constitutes approval of the proposed request only to the extent
#hat 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 pr requirement.
BE IT FURTHERRESOLVED that the Anaheim Planning Commissiorr 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 ahy 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.
BE IT FURTHERRESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure
to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of
this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 13, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures an a eplaced b City Council
Resolution in the event of an appeaL
CHAIR , ANAHEIM PLANNING COMMISSION
ATTEST:
r
/l
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY QF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commissio~ held on
November 13, 2006, by the following vote of the members thereof:
AYES: CQMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES, VELASQUEZ
IN WITNESS WHEREOF, I have hereunto set my hand this ~ Z~ day of e ~~
2006.
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SENIOR SECRETARY, ANAMEIM'PCANNING COMMISSION
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