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Resolution-PC 98-188RESOLUTION NO. PC98-188 A RESOLUTION OF THE ANAHEIM CITY PU~NNING COMMISSION THAT PETITION FOR CaNDITIO~VAL USE PERMIT NO. 4073 BE GRANTED FOR ONE (1) YEAR WHEREAS, the Anaheim City Planning Commission did reGeive a verified Petition for Conditional Use Permit for certain reaf property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOJTHWEST QUARTER OF THE NORTHHWEST QUARTER OF SECTIO~! 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, S7ATE OF CALIFORNiA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MSICELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF TRACT NO. 3946, AS SHOVJN ON A MAP RECORDED IN BOOK 140 PAGES 33, 34 AND 35, OF MISCELLANEOUS fv1APS, IN TNE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE GENERAL WESTERLY LINE OF SAID TRACT NORTH 00° 56' 30" WEST 350.95 FEET TO THE NORTNWEST CORNER OF LOT 5 OF SAID TRACT; THENCE WES'.'-RLY ALONG THE SOUTHERLY LINE OF LOTS 7 AND 8 OF SAID TRACT AND THE WESTERLY PROLONGATION THEREOF, SAID SOUTHERIY LUVES AND PROLONGATION ALSO BEING THE SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO IRENE M. RICHTER, RECORDED IN BOOK 4431 PAGE 457 OF OFFICIAL RECORDS OF SAID ORAiJGE COUMT". 355.00 FEET TO THE SOUTHbVESTERLY CORNER OF SAID LAND OF IREi ' M. RICHTER; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 50UTH ONE-HALF 220.94 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN LAND DESCRIBED !N THAT CERTAIN LEASE BE'NVEEN GEORGE L. ARGYROS AND OTHERS, AN.~ THE SOCONY MOEiIL OIL COMPANY, INC., RECORDED IN BOOK 8020 PAGE 938 OF SAID OFFICIAL RECORDS; THENCE EASTERLY ALONG TNE NORTFIFRLY LINE 188.00 FEET AND SOUTHERL;' ALONG THE EASTEFcLY LINE 130.00 PEET OF SAID IAST MENTIONED LAND TO THE SOU"fHEFtLY LINE OF THAT CERTAiN IAND DSSCRIBED IN QUITCLAIM DEED TG A:.EX L. FISHMAN, RECOF2C~ED iN BOOK 8020 PAGE 941 OF SAID OFFICIAL RECORDS; THENCE EASTER AL~NG SAID LAST MENTIONED SOUTHERLY LINE 167.00 FEEi' TO THE POIN7 OF BEGINNING. WHEREAS, the Cihr Planning Commission did hold a public haaring at the Civic Center in the City of Anaheim on November 23, 1998 at 1;30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the f,naheim Municipal Code, Chapter 18.03, to hear and coiisider evidence far and against said proposed conditional use permit and ;o investigate and make ;`•,ndinc~s and recommendations in connection therewith; and WHEREAS, sa~d Commission, aftar due inspectian, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reparts offered at said hearing, does ind and determine the following fact.s: 1. That the proposed use is properly one for which a co~ditionai use permit is authorized by Anaheim Municipal Code Section 18.44.050.040 to permit a 1,190 sq.ft. acupressure (massage) facility. CR348IIPY..DOC -1- PC98-i88 2. That the proposed use, operated in compliance with all Code requirements and the conditions herein, will not adversely affect the adjoining land usss and the grawth and development of the area in which it is proposed to be located . 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because no expansion of the ten2nt space or substantial intensification of the use is proposed within this existing commercial shopping center. 4. 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 area. 5. That granting of this conditional use permit, under the condit9ons imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Ar~aheim. 6. Tnat no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to this petition. CALIFORNIA ENVIRONMENTAL QUALI~V ACT FINDING: That the Anaheim Cit~C Planning Commission has reviewed the proposal to permit a 1,190 sq.ft. acupressure (massage) facility on an "L" shaped 2.4-acre property located no~th and east of the northeast corner of Orangewood Avenue and Euclid Street, and having frontages of 167 feet on the north side of Orangewood Avenue and 221 feet on the east side of Euclid Street (2054 South Euclid Street, Unit H); and do2s hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement of the lead agency and that it has considered the Negative Deciaration 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 praject will have a significant effect on the environment. NOW, THEREFOFiE, BE IT RESOLVED that the Anaheim City Planning Commissfon does hEreby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessay prcirequisite to the proposed use of the subject property in order to preserve the safety and generai welfare of the Citizens of the City of Anaheim: 1. That this conditionaf use permit shall expire one (1) year from the date of this resolution, on November 23, 1999. 2. That, as stipulated to by the pelitioner, the hours of operation shall be limited to 10 a.m. to 9 p.m. sevan (7) days a week, with no more than two (2) employees working at any one time. 3. That this business (including the conduct of a!i its employees} shall be operated in full compliance with Ananeim Municipal Code Chapter 4.29 pertaining to Massage Establishments. 4. That the petitioner shall submit a fully dimensioned floor plan and sign plans indicating compliance with all Code requirements pertaining to patron dressing rooms, employee dressing rooms, lockers and signs. These plans shall be submitted for Zoning Division review and approval. 5. That all recorsis of treatment shall be maintained un the premises for one (1) year and shali be made available for inspection by any authorized CiSy o~cial during regular business hours. 6. 7hat 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. 7. That subject property shall be developed substantially in accordance wifh plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the ?Ianning Department marked Exhibit Nos.1 tind 2, and as conditioned herein. -2- PC98- i 88 8. Thaf prior to issuance of a building permit, or prinr tu the commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever- occurs first, Condition Nos. 4 and 7, abovE-menfioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. That approval of this application constitutes approval of the proposed reyuest only to tha extent that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and Federal regulations. App; oval does not include any action or findings as to compiiance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FUP,THER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and ali of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final Judgrnent of any court of competent jurisdiction, then thfs Resolution, and any approvals herein contained, shall be deemed nul nd void. THE FOREGOING RESOLUTIO s dop at th I ing Commission meeting of November 23, 1998. - ~ ,• CHAIRPE N, N HEIM CITY PL./aNNING COMMiSSION ATTEST: ~.~a ..0 ._ . SECRETARY, ANAHEIM CIN PLANNING COMMISSIOfV STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, Secretary of the Anaheim City Plar.ning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plannfng Commission held on November 23, 1998, by the followinc~ vote of the members thereof: AYES: COMMISSIONERS: E30STWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, WILLIAMS NOES: CdMMISSiONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS !~~F;EREOF, I heve hereunto set my hand this aa. day of ~ ~, 1998. 6 s~~~-, ~. SECRETARY, ANAFIEIM CIIY PLANNING GOMMISSION -3- PC98-18'3