PC 79-69RESOlUTION N0. PC79-6o
A RESOLUT ION OF Tt1E ANAHE IN C ITY PLAN171 tIG COHH I SS ION
THAT PETITION FOR CONOITIONAL USE PERMIT N0. 19C•4 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permtt from ROBERT AND HELEN E. DULTZ, 3026 West Ba11
Road, Anaheim, California, 9280~~, owners. and SOUTHLAND BUSINESS SALES, 2103 East
Ball Road, Anaheim, Lalifornla 92806~ and KATSUO TSUDA, 11222 .°.ancho Santiago
Boulevard, Orange, Californla 42667, agents, of certain real property situated In the
City of Anaheim, County of Oran~~e, State of California, described as:
PARLEL A: PARCEL 3 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 71
PAGES 23 TO 24 FILED AUGUST 6, 1975, BEIHG A PORTION OF THE NORT'H
1/2 OF THE NORTIIEAST 1/4 OF THE NOR7HEA5T 1/4 SECT10~~ 23 TOWNSHIP
4 SOUTH RANGE 11 11E5T I1! THE RANLNO LOS LOYOTES, IN THE C~TY OF
A~IAHEIM, COUNTY OF ORAt~GE, STATE OF CALIFORIIIA.
W}IEREAS, the City Planni~g Coim~ission did hold a public hearing at [he City
Hall in the City of Anaheim on Aprii 9. 1?79, ~t ~~3~ P.m•, notice of sa3d public
heartng having been duly given as required by laa and in accordance with the
provisions of the Anaheim Municipai Code, Chapter 18.~3, to hear and consider
evidence for and against said proposed conditional use and to investigate and make
findings and recommendations in connection therer:tch; and
IJHEREAS, said Commission, after due inspec[ion. 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 determfne the following facts:
1. That the proposed use is properly one For rfhich a condi[ional use
permit is authorized by Anaheim Municipal Code Section 18.44.050.040 to wit: to
permit a Shiatsu (Japanese Physlcal-Therapy) spa.
2. That che proposed use, consisiing solcly of shiatsu, is hereby granted
for a period of one year, aC which time ex[ensions may bc granted by the Planning
Commission if it is determined that the use has not haA a detrimental affect on tha
surroundtng area and that the operation has been in accordance with the conditlons
stipulated to by the pe[itioner at the public hearing.
3, That the preposed use is hereby granted subject .o the fo?lowing
condittons stipulated to by the petitio~er at the pubiic hearing:
a. That the hours of operation shall be 10:00 a.m. to 9:OQ p.m. daily.
b. That there shall be no age restriction for the patrons of the facility.
c, That the treatment area shall be open with no walls or partittons
forming individual cubicles other than [hose shown on the approved
exhlbits.
PC79-69
d, Thai there shail be no verbal or written advertising or sig~tng which
identifies the use as "massage" (other than Shtacsu), "rap" sessions,
"modeling" or slmilar activtties; nor shall the word "studio" be used
In connection with any advertising or signtng.
~. That the proposed usc will not adversely affect the adjoining land uses
a~d the growth and development of [he area In whtch it is proposed to be located.
i. That the size and shape of the site proposed for [he usc is adequate to
allow the full development of the proposed usc In a manner not de[rimental to the
particular area nor to the peace, healch, safety, and generai welfare of the Citizens
of the City of Anahe(m.
6, That the granting of the Condl[lonal Use Permit under the condlitons
imposed, if any, will not be detrfinental [o [he peace, health~ safety and general
welfare of the Cittzens of the City of Anaheim.
7. That no one Indicated their presence at said public hearing In
oppositfon; and that no correspondence was received fn opposition to the subject
petitlon.
EtIVIRO*IMENiAL IMPACT FINDING~ That the Anaheim City Planning CommlSSion has
reviewe~f the proposa to pcrm i a°,hiatsu (Japanese Physical-Therapy) spa on a
rectangularly-shaped parcel of land consisting of approximately 1,0 acre, having a
frontage of approximately 132 feet on the south sfde of Ball Road. having a maximum
depth of approximatcly 277 feet and bcin9 located approximately 262 fee[ west of [he
c,_nterline of Beach Boulevard; and does hereby approve [he Negati~e Deciaration from
the requirement to prepare an envfronmtntal impact report on [he basis that there
wou1J be no slgnificant indtvidual or cumulatlve adverse environmental impac[ due [o
the approval of this Negative Declaration since th~ Anahetm General P1an destgnates
the subject propr_rty for commerc(ai land uses commensurate with the proposal; that no
sensi[ive environmental impacts are involved in the proposal; [hat the Iniilal Study
submittPd hy t~e peLftlorter Indlcs,es no significant individuai or cumufat(ve
adverse environmental Impacts; and [hat the flegative Declaratlon substantiating the
foregoing findings is on file in the Ctty of Anaheim Plannin9 Department.
NOU~ THEREFOP.E, BE IT RESOLVED tha[ the Anaheim City Planning Cortmisston
does hereby qrant subject Petition for Londitfonal Usc Permtt, upon the following
conditions whtch are hereby found to be a necessary prerequlstCe to the proposed use
of the subjec[ proper[y tn order [o preserve the safety and general welfare of the
Citizens of the City of Anahetm:
i. That che proposed shtatsu spa shall comply w!th all signing
requiremen[s of the CL (Cor.imercial, Limited) Zone.
2. That subject propercy shall be developed ~ubstan[tally in ~ccordance
with plans and specifications on file wlth Lhe City of Anahetm marked Exhiblt Nos. 1
through 3; provided~ howcver. that there shall be no additional rralis or partitions
constructed to form individual cubicles.
3. That [he hours of operation shall be from 10:00 o'clock a.m, to 9:00
o'clock p,m,
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4. That the~e shall bc no agc restrictlon for the patrons of the facility.
5. That there shall be no verbal or written adver[isfng or sTgning which
identifies thc use as "massage" (other than shiatsu)~ "rap" sesslons, "modeling" or
ather similar actlvities; nor shall the word "studlo" be used in connection with any
advertising or si9ning.
BE IT FURTHER RESOLVED that the Anahetm Ctcy Planning Commission does hereby
find and determine that adoption of thls Resolution is erpressly predicafed upon
applicant's compliance with each and ail of the conditions hereinabove set forth.
Should any such condition~ or any part thereof, be declared invaltd or unenforceable
by the f(nal Judgment of any court of competent Jurisdictlon, then this Resolution,
and any approvals hereln contained, shal) be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by ne this 9th day of April,
1979.
HA , 1~ I Y PL NNING CONMISSION
ATTEST:
SECltETAR~, ANAHEIM CIT LAY P MNI~IG COHMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AIJAHEIH )
I, Edith l. Harr(s, Secretary of the Anahelm City Planning Comnission, do
hereby certify that the fore9otng resolution was passed and adopted at a meetin9 of
the Anaheim City Planning Commission heid on Aprll ?, 1979. by the following vote of
the members thereof:
RYES: CQ"LtiS5l0?:EP.S: IItJSHO°E. DAY1D, FlEP,°ST, JO!lt2S0':, Y.ttlG
NOES: COM!115510NER5: NONE
ABSENT: COHIiI5S10NER5: BARNES, TOLAR
IN 4fITNE55 WFiEREOF, 1 have hereunto set my hand thls 9th day of April, 1979•
~ ~.~. at.°~ '
SECRETARY~ ANAHEIM CITY PLANNING COHMISSION
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