Resolution-PC 2008-57RESOLUTION NO. PC2008-57
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT NO. 2008-05297
(2424 WEST BALL ROAD, L1NIT J)
WHEREAS, the .4naheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of Califomia, shown on E~ibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, Conditional Use Permit No. 200$-05397 is proposed to pemut and
retain a massage business in an er.isting commercial retail center.
WHEREAS, this property is developed with a commercial retail center located in
the General Commercial zone and the Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheun on May 12, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipa] Code, Chapter 18.60, to heaz and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in corurection
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:
L That the request to pemut and retain a massage business in an existing
commercial retail center is properly one for which a conditional use pemut is authorized under
Code Secrion No. 18.08.030.040.0402 (Personnel Services-Restricted) of the Anaheim
Municipal Code.
2. That themassage establishment has been operating for approximately nine
months without a conditional use pemut as required by Section 18.08.030.040.0402 (Personnel
Services-Restricted) of the Anaheim Municipal Code and has received three Code Enforcement
citations relating to the operation of the business.
3. The massage establislunent was being operated and conducted without the
required permits in violation of the provisions of Chapter 4?9 of the Anaheim Municipal Code.
4. A citation has been issued in connection with tlie operation of the massage
establislunent for a violation § 647(b) of the California Peval Code.
5. That the continued operation of the massage establishment will adversely
affect the adjoining land uses or the erowth and development of the area in which it is proposed
to be located.
6. That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular azea or to the
health and safety because the use is consistent with the types of uses found in the exisfing
commercial retail center.
7. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the azea
because the parking demand for this use is the same as a general retail use permitted in the
cpmmercial retail center.
8. That the granting of the conditional use permit will be detrimental to the
health and safety of the citizens of the City of Anaheim.
9. That 1 person indicated their presence at said public hearing in opposition
and also provided 1 letter of correspondence in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1(Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepaze addirional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby deny subject Petition for Conditional Use Permit on
the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May L, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
.~
CHAI , ANAHEIM ANNING COMMISSION
ATTEST:
OFFICE SPECIt~ILIST, ANAI-IEIM PLANNING DBPARTMENT
STATE OF CALIFORNIA )
COLINTY OP ORANGE ) ss.
CITY OF ANAHEIM )
I, Julie Hourani, Office Specialist, do hereby certify that the foregoing resolution
was passed and adopted at a meeting of the Anaheim Planning Commission held on May 12,
2008, by the following vote of the members thereo£
AYES: COMMISSIONERS: AGARWAL, FAESSEL, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: BUFFA, EASTMAN
ABSENT: COMMISSIONERS: ICARAICI
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ay of
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OFFICE SPECIA~,I3T, AT7AHEIM PLANNING DEPARTMENT
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May 12, 2008
Subject Property
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I Conditional Use Permit No. 2008-05297
' 2424 West Ball Road
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10526