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Resolution-PC 96-54~ ~ A RESOLUTION OF THE ANAIiEIM GTY PiANNING COMMlSSION THAT PErITION FOR CONDITIONAL USE PERlNIT NO. 3345 BE GRANTED WHEREAS, the Anaheim City Planning Cc~mmmission did receNe a verifled Petftlon for CondRional Use Permit for certain real µ~•operty situated Gy the City of Rnaheim~ CourrtY of ~range~ State of Cal~orrde, described as: PARCEL 1: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTEfi OF THE NO~THWEST QUARTER O° SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCNO lAS •90LSAS, IN THE CITI( OF ANAHEIM, CAUNTY OF ORANGE, STATE OF CAGFGiiNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFlCE OF YHE COUNTY RECORDER OF SAID COUMI', DESCRIBED AS FOLLOWS: BEGINNING AT T~1E SOUTHWEST CORPIER OF LOT 1 OF TAACT NO. 3946, AS SHOWtd UN A AI~1P RECORDED IN BOOK 140 PAGES 33, 34 AND 35, QF MISG:il:e±,tl~pUS MAPS, IN THE OFFlCE OF TI~E COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE GENERA!_ WESTERLY LJNE OF SAID TRACT NORTH QO DEG. 5fi' 30' WEST 350.95 FEET TO THE NORTHWEST CnRNER OF LOT 5 OF SIUD TRACT; THENCE WESTERLY ALONG THE SOUTHEFiLY LJNE OF LOTS 7 AND 8 UF SlUD TF#ACT AND THE WESTERLY PROLONGAI'ION THEREOF, SAID EOUTHERLY LINES AND PROLONGATION , ALSO BEING THE SOUTHERLY LJNE OF THAT CERTAIN LAND DESCRIBED It~ L'EED TO IRENE M. RICHTER, RECORDED IN BOOK 4431 PAGE 457 OF OFFICIAL RECORDS OF SND ORANGE COUNTY, 355.00 FE~T TO THE SOUTHWESTERLY CGRNER Or SAID LA~ND OF IRENE M. RICFITER; THENCE SOUTHERLY ALONG THE WESTERLY ~INE OF SAlD SOUTH ONE-WLLF 220.94 FEET TO THE N06iTHWESTERLY CORNER OF THAT CERTAIN LAN[1 DESCRIBED IN THAT CERTAItd LEASE BETWEEN GEORGE L ARGYROS AND OTHERS, AND THE SC~ONY MOBIL OIL COMPANY, INC., RECORDED IN BQOK 8020 PAGE 938 OF SAID OFFIqAL RE~ORDS; THEMCE EASTERLY ALONG THE NORTHERLY LJNE 188.00 FEET AND 80UTHERLY ALONG THE EASTERLY LINE ; J 130.00 FEET QF SWD LAST MENTIANED LAND TQ THE SOUTHERLY UNE OF THAT CERTAIN LAND DESCRIBED !N QUITCLAIM DEED TQ ALIX L FlSHMAN, AECORDED IN BOOK 8020 PAGE 941 OF SAID OFFICIAL RECORDS; TtiEF1CE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE 167.00 FEET TO THE POiNT OF BEGINNING. WHEr~EAS~ the Ctty Planning Commission d(d hold a publ~ hearir~g at the CHic CerKer in the City of Mahetm on June 10, 1996 at 1:3U Q.m., notk:e oF sa(d publtc hearing havfng been duiy ghren as requked by law and in accordance with the provistons d the Anahetm MuntcipaJ Cc~de, Chapter 18.03, to hear and consk3or evkJence for and agatnst said proposed condftional use peRnft ard to imras~iigate and rttake flndings arxf recommendations in cennectfon therewith; and WHEREAS, satd Commission, after due Inspectlon, irnestfgac:ion and study made by itself and tn its behatF, and after due consideratton of all evidence and reports of(ered a! said hearing, does find and detennins iha fdlowing facts: 1. That the proposed use Is proparly one for wh~h a condftional use pemift t~ authorfzed by Anaheim Munlcipal Cude Section 18.44.050.O~W to permmft a 1,190 sq.ft. acupunc',cure/accupressure (massagej fac~iry. CR2674CfM.WP -1- PC96-54 ~ ~ i 2. ~~ pr~pOSed use, as desaibed in the :June 10, 1~6 Staff Report to the Planning corr,miss~on, wr~ noc adverselv mfea U,e aaJok~ing ~and uses ana tne yraanrth and da,re~opmeM ofi the area in which k is pro~osed W be located, cnas n,e ~oposed ec.~xessure/rRass~~ use w~ be ~, unegrai pat(on of u,e e~ci~k~g acupressure tacaity. whicn is an author(zed uso in 4ne cX zone; and tr,ac sne b~,s~ness is compaUWe witr, tr,e surr«mdln~ busk,ess In tl,e c~mmercial sr-oppk~g ceMer; 3. That the siae and shape d tha sfte for the proposed use !s adeqcx~te to allo~ 4he full developmer~t of the propo~..ed use in a manner rwt detrimontal to the pattlcular area nor to the peace, health. s;afety. and generai welfare; 4. That the traffic generated by the proposed use w91 not impose an undue burden upon the streets and highways desi~ned and improved to carrY the traffic in the area~ and 5. Thffi tta ~rentiny Cf the CondUlOnel use Pem~, under the Condftiorts imposed~ wpl not be detrimenta~ to the p~ce~ healch~ safery and ganeral welfare of the citizens of the Gty of Anaheim~ ~6. That the Proposal is herebY aPProved fa a perfod of one year because the petittoner opersted an unperrnitted massage tacAity until the bustness owner was cited by the Pdice Department ar~d Code Er~forcemer~t DMlsion and the busk~ess owner ~led 9uiftY to vidation ~f sak! codes at the North Orange CountY Municic~l Cntdn; and 7. That no one indlcaied their presonc~ at sald puWic hearin~ in oppwitlon; and that no correspondenc;e was recelved in appositlon to the subJect petltt~n. r•~~ ~cnQ~lA Eh"dIRON6~ENTA! QUALlTY ACT FlNDING: The ':~18nn{ng DlreCtor's authorized representaWe has determ(ned tha~ the proposed Proled falls within the deflnition of Categork~ll Exemption~, c'~ass 1, as deftned in the State of Cal~omia Environmental Impact Report (EIR) ~uidelk~es and is, therefore, categorlcally exempt Kom the reyulremeM to prepare an EIR. NOW, THEREFORE, BE IT RESQLVED that the Anaheim City Planntng Commission does hereby grani subject Pet~(or~ for GotxJfttonal Use Perm'.t, upon the fdlowing coriditfons which are hereby found eo be a necessary prereq~isite to the propoced use o€ the subJect propercy in orde~ to preserve the safety and 9en9rsl welfare of the Citlzens d the Gty of Anahe(m: 1. That the busfness owner shall submft a revised flaor dan to the Zon(ng Divis(on for review and ep~~ $~~g c~npl(ance wfth eil requlremerds of Chapter 4.29 pertaining to required (Merior improvemerrts. 2. That this permR shall enptre one (1) year from the da4e of this resdutf~n on June 10, 1997. 3. That a plan sheet for solid waste storage and coUection end a plan for recyding shall be submitted to the Department of Mainienanca far review and approval, if requlred by said depatcmer~t. 4. That an on-site trash truck tum-arotuid area si~all be provided ar~d maintained ta the satisfactfon of the [k~partmeM d Nialrrteraance~ ff rec~uired by said deparlment. ~~aid turn-eround area shall be speciftc;ally slwwn on plan~t submitted to dw Bt~Udtng DNis(on. 5. That hours of Qperatlon for massage/accupressure~ st~aU be I;mfted to the fdl~wing: Monday through Ftiday: 9:00 am. to 7:00 p.rn• Saturday: 10:00 am. to 3:00 p.m• -2- PC96-54 ~ ~ s. "tt~ac all employees performing mas~.ge/accupressure shall possess vatid Gty d Anaheim Massage Permits. These permits shall be posted In the waftln9 area 7. That massage/acupressure CceatmeMs shail be given In separats cubides whlCh do not have locks on the doors. 8. That the ir~ta~lor lobby area of the premises shal! be visible at all tlmes to persons standing on the sklewalk in fror~t of the bupding. 9. That employses pravfd~n9 massage/axupressure theraPY sh~i be required to wear unHorms and phato ~lenUEkat(on cards during busine3s hours. 10. Tt~at a prescription or letter d re#eRal from a Ca~ffornia State Iicensed phYskian shall be on flle for each customer before massage/acxupressure therapy c~n be pertormed. 11. That all records of ueatment shall be matMakied on the premises for ane (1) year arxl shall be avaitable for inspectton at a0 dmes by any a~thorized cfty ~fictal. 12. That the Irterior of the premises shall be equ~PPed w~h Iightln~ of sufficleM pawer to qluminate and make easpy discemible the appearance and c~nciuct of all persons insfde the premises. 13. That all employees shail ablde by Anaheim Municipal Code S~ctlon 4.29.06U 'Massage Estadishme-~t - Operattng Requirements.' 14. That wfthin a period of thfnY (30) days nom the date of this resolution, Condft~on Nos. 1, 3 and 4, above-menUoned~ st~all be compUed wfth. 1s. Tnac apExovel of this aPpl~cacion consvtuces approval of the ProPosed tequesc only to the excerd tnac n,cornplies yvtth the Anaheim Municlpai Zoning Code and any other appilCaWe Ciry. State and Federal reguiations. Approval does not indude any actbn or flndings as to compitance or aPProval o~ the request regard(ng any othe~' applk~ble ordlnance~ regulaUon or requireme~rt. BE IT FURTHER RESOLVED that the Anahefm Cicy Planning Commtssion does hereby flnd and determine that adopUon of this Hesotution is expressly preaicated upon applic~r~t's comptance wnn each and all af the c~ndttlons herefnabove set forth. Should any such c~'r~ditbn~ or any pari thereo#~ be dedared irnelkl or unenforceabie by the flnal Judgmerrt of any court of competent Jurisdfction~ then thfs Resoiu8on, and any approvals hereln contained, shall be deemed null and void. THE FOREGOING RESOL!lTION was ad ed at the\p~annfng Commisslon meeting of June 10, 1996. a!6 ^ CHAIRMAN PRQ 'T~MPO E ANAHEIM CRY PLANNI~.fa ~flhAP~IIS510M ATCEST: SECRETARY, E!M CITY PLANNING COMMISSION ,~ PC36-54~ ~ ~ STATE OF CJWFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~, I~Fargaritaa Solor{o~ SecretarY of the Anat~eim CitY Plannfn9 Comm(ssion~ do hereby certtfY u,ac ths roreganp TesauUon was passea and edopcga at a meeting of che Ananelm cny Planning Commissio~ held o~ June 10, 1996, by the fdiowtn~ vate of the members thereof: AYES: COMMISSIONERS: BOSTWICK ~~~1N~ l~RISTOL, HENNINGE~i, luIESSE, PERAZA NOES: COMMISSIONERS: PiOME ABSEM: COMMISSIONERS: AAAI'ER ~ IN WRNESS WHEREOF, I have hereWnt~ set my hand thfs ~ daY of _~~, 1996. ~~ . . SECREZARY, ' EIM GTY PLANNING CJMMISSION ~ PC96-54