PC 2016/11/07
City of Anaheim
Planning Commission
Agenda
Monday, November 7, 2016
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairperson: Mitchell Caldwell
Chairperson Pro-Tempore: Paul Bostwick
Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger,
Michelle Lieberman, John Seymour
Call To Order - 5:00 p.m.
Pledge Of Allegiance
Public Comments
Public Hearing Items
Commission Updates
Discussion
Adjournment
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agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff
report is also available on the City of Anaheim website www.anaheim.net/planning on
Thursday, November 3, 2016, after 5:00 p.m. Any writings or documents provided to a
majority of the Planning Commission regarding any item on this agenda (other than
writings legally exempt from public disclosure) will be made available for public inspection
in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard,
Anaheim, California, during regular business hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
11-07-2016
Page 2 of 4
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified by
the City Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
11-07-2016
Page 3 of 4
Public Hearing Items
ITEM NO. 2
RECLASSIFICATION NO. 2015-00285
CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
(DEV2015-00127)
Location: 2301, 2323 & 2331 West Lincoln Avenue
Request: The following land use entitlements are requested
to permit the development of a 48-unit, three story attached
and detached single family residential project: (i) reclassify
the subject properties from the C-G (General Commercial)
Zone to the RM-3 (Multiple Family Residential) Zone; (ii) a
conditional use permit to allow an attached single-family
residential development with modified development
standards; and (iii) a tentative tract map to create a 48-unit
residential subdivision.
Environmental Determination: The Planning Commission will
consider whether to find the project to be Categorically
Exempt from the provisions of the California Environmental
Quality Act and Guidelines as a Class 32 (In-Fill
Development Projects) Categorical Exemption.
The item was continued from the October 3, 2016 and
October 17, 2016 Planning Commission meetings.
Resolution No. ______
Resolution No. ______
Resolution No. ______
Project Planner:
Amy Vazquez
avazquez@anaheim.net
ITEM NO. 3
ZONING CODE AMENDMENT NO. 2016-00135
(DEV2016-00105)
Location: Citywide
Request: A City-initiated amendment to Title 3 (Business
Licenses) and Title 18 (Zoning) of the Anaheim Municipal
Code modifying various Code provisions related to the
licensing, siting and operation of Massage Establishments.
Environmental Determination: The proposed action is not
subject to the California Environmental Quality Act ("CEQA")
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the
State of California Guidelines for Implementation of the
California Environmental Quality Act.
Motion
Project Planner:
Jonathan Borrego
jborrego@anaheim.net
Adjourn to Monday, November 14, 2016 at 5:00 p.m.
11-07-2016
Page 4 of 4
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
1:00 p.m. November 3, 2016 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 7, 2016
SUBJECT: RECLASSIFICATION NO. 2015-00285
CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
LOCATION: 2301, 2323 and 2331 West Lincoln Avenue
APPLICANT/PROPERTY OWNER: The applicant is Darryl Moore representing
Aegis Builders and the property owner is Kenneth Catanzarite.
REQUEST: The applicant is requesting approval of the following land use
entitlements:
1) A Reclassification, or rezoning, of the property from the “C-G”
General Commercial zone to the “RM-3” Multiple Family Residential
zone;
2) A Conditional Use Permit to allow a 48-unit attached and detached
single-family residential development with modified development
standards;
3) A Tentative Tract Map to create a 48-unit residential subdivision.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolutions, determining that this request is categorically exempt under
the California Environmental Quality Act (Class 32, In-Fill Development Projects),
and approving Reclassification No. 2015-00285, Conditional Use Permit No. 2015-
05844, and Tentative Tract Map No. 17975.
BACKGROUND: This 2.8-acre site is located in the C-G zone and is developed
with an office complex. The site is designated for Low-Medium Density Residential
land uses by the General Plan. Surrounding uses include an elementary school to the
north, a church to the east, an office building (with a church) to the west and an
attached and detached single-family residential development to the south across
Lincoln Avenue. This project was initially continued from the October 3, 2016
Planning Commission meeting in order to re-notice the item based on a change to the
prpject description. The Planning Commission subsequently considered the request
at its October 17, 2016 meeting and continued the item to today’s meeting in order to
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 2 of 8
provide the applicant with an opportunity to redesign certain elements of the project in response
to feedback received from the Commission. Specifically, some Commissioners indicated that
they would prefer the project be designed with more pedestrian connectivity to Lincoln Avenue
and without a six-foot high block wall within the front setback.
Since the Planning Commission meeting on October 17, 2016, the site plan and renderings have
been revised to reflect removal of the six-foot high block wall within the front setback area
adjacent to Lincoln Avenue. The applicant is proposing a 6-foot high wrought iron fence that
would provide security, but the fencing would be located behind the 15-foot front setback
between the buildings adjacent to Lincoln Avenue. The fence would also include pedestrian
gates with enhanced pilasters that would provide street access to and from the project site. No
other changes are proposed to the site plan, floor plan, or building elevations.
PROPOSAL: The applicant proposes to demolish the existing office buildings and construct 22
attached condominiums and 26 detached single-family residences using the RM-3 (Multiple-
Family Residential) zone development standards. The residential buildings would be 3-stories
(40 feet) in height with private roof-top decks. The units would all include three bedrooms and
range in size from 1,862 to 2,034 square feet. As depicted in the rendering below, the homes are
designed with a contemporary architectural style. The buildings would be enhanced with stone
and wood accents, smooth plaster and metal railings.
Access to the development would be provided by a gated driveway along Lincoln Avenue, which
runs parallel to the site’s southern boundary. The driveway would be divided by a landscaped
island with a guest call box, creating separate lanes for ingress and egress. A 20 to 28-foot wide
private drive would loop through the project providing vehicular access to the private garages
and surface parking for residents and guests. There are also two additional driveways that would
provide egress only to Lincoln Avenue. The private drive would include a 20-foot wide
easement to allow for emergency fire truck and sanitation vehicle access. A total of 144 parking
spaces (three spaces per unit) are required for this project and 144 spaces are proposed. The
parking spaces would consist of 96 garage spaces and 48 surface spaces for both residents and
guests. Pedestrian access paths are provided throughout the project providing connectivity
between the units and outdoor parking areas.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 3 of 8
Revised Street Scene Rendering
Rendering of Interior Pedestrian Access
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 4 of 8
A revised landscape plan has been submitted reflecting several trees, shrubs and groundcover
that would serve as a buffer between Lincoln Avenue and the project and would compliment the
enhanced elevations facing the street.
The project would also include 4,248 square feet of common recreational leisure area. A small
park with play equipment, benches and a shade structure would be located at the northern
property line. In addition, 23,602 square feet of code compliant private recreational leisure area
would be provided by roof-top decks for all of the units. The Code requires a combined total of
16,800 square feet of common and private recreational-leisure area and 27,850 square feet is
being provided. A detailed development summary is included as Attachment No. 1 to this report.
Recreation Area
FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each
requested action:
Reclassification: This property is located in the C-G zone. A reclassification, or rezoning, to
the RM-3 zone is being requested in order to develop attached and detached, single-family
homes. The intent of the RM-3 Zone is to promote the development of single-family attached
and detached development in an attractive environment. The density of the proposed project is
consistent with and would implement the property’s Low-Medium Density Residential General
Plan land use designation. The density of the proposed project is 16.8 units to the acre and the
Low-Medium Density Residential land use designation allows up to 18 units per acre. As
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 5 of 8
described below, the proposed reclassification supports several General Plan policies intended to
provide a variety of quality housing opportunities to address the City’s diverse housing needs;
therefore, staff recommends approval of the reclassification request.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of
unique neighborhoods.
o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the
City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and
stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a
residential planned unit development for single-family attached and detached dwellings in the
RM-3 zone. In this zone, development standards, including setback and building separation
requirements, may be modified as part of a conditional use permit when it is determined that the
modifications serve to achieve a high quality project design, privacy, livability, and compatibility
with surrounding uses. Before the Planning Commission may approve the conditional use permit
for a planned unit development, it must make a finding of fact that the evidence presented shows
that all of the following conditions exist:
1) The uses within the project are compatible;
2) New buildings or structures related to the project are compatible with the scale, mass,
bulk, and orientation of existing buildings in the surrounding area, provided the existing
buildings conform with the provisions of this title;
3) Vehicular and pedestrian access are adequate;
4) The project is consistent with applicable design guidelines adopted by the City;
5) The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area;
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 6 of 8
6) 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;
7) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
The project complies with all development standards of the RM-3 Zone with the exception of
certain setback requirements. The applicant is requesting to modify the street setbacks adjacent
to Lincoln Avenue, interior setbacks, and minimum setbacks between buildings. Setbacks for
projects in the RM-3 Zone may be modified in connection with a conditional use permit when it
is determined that the modifications promote increased pedestrian activity, provide for a unified
street frontage, ensure privacy and light for residential uses, provide for public spaces, and
promote compatibility with existing development. The project would be developed with the
following setback ranges:
Setback Area Required Setbacks Proposed Structural
Setbacks
Adjacent Land Use
Lincoln Avenue
20 feet
15 feet
Residential (across
Lincoln Avenue)
Interior property
line to the north
20 feet
10 feet
Elementary School
Interior property
line to the west
20 feet
10 feet
Office Building
Interior property
line to the east
20 feet
10 feet
Church
Between
buildings
40 feet
8-26 feet
N/A
This project includes proposed modifications to the following development standards:
Street Setbacks Adjacent to Lincoln Avenue: The applicant is requesting a 15 foot wide
structural setback where a 20-foot wide setback would typically be required adjacent to
Lincoln Avenue. The intent of the required 20-foot wide setback on Lincoln Avenue is to
ensure that adequate separation and landscaping is provided adjacent to the street. Staff
believes that the request for a modification to the front setback requirement is appropriate
since the building elevations adjacent to Lincoln Avenue would maintain a minimum setback
of 15 feet, include attractive and enhanced architectural elements and the setback area would
be densely landscaped.
Interior Setbacks: The applicant is requesting 10-foot wide building setbacks where a 20-foot
wide setback would typically be required adjacent to the northern, eastern and western
property lines. The intent of the 20-foot setback along the interior property lines is to ensure
that adequate separation and landscaping is provided between adjacent uses. In order to
minimize visual impacts of this project upon the adjacent properties, the applicant is
proposing common open space areas, pedestrian pathways and enhanced landscaping along
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 7 of 8
the property lines consisting of densely planted trees. Staff believes that the request for a
modification to the interior setback requirement is justified since the reduced setback areas
would be located adjacent to existing commercial, office and school land uses. For these
reasons, staff recommends approval of the interior setback modification request.
Building to Building Setbacks: The Zoning Code requires a 40-foot separation between
three-story buildings with parallel walls that are designated as “primary” walls.
Primary walls are building walls that contain an entrance and/or windows opening into
living areas. The setbacks required between the buildings are intended to ensure
privacy and light for residential uses, provide for public spaces, and promote
compatibility with existing development. The project would have 21-26 foot wide
paseos between the buildings and 8-foot wide side yards between the detached single
family homes. Walkways and planters would be located in the paseo areas to reduce
the massing of the buildings and provide pedestrian circulation within the project. Staff
believes that the modified separations between buildings are justified because the
modifications would allow for the efficient layout of buildings on the property and
provide greater usable common recreation-leisure areas in the project than could be
provided if the separations between buildings were increased. The elevations facing the
courtyards are enhanced with patios and balconies and are highly articulated with
quality design features. For these reasons, staff recommends approval of the building-
to-building setback modification request.
Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it
must make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the proposed subdivision of the Property, including its design and improvements, is
consistent with the General Plan of the City of Anaheim, and more particularly with the
"Low-Medium Density Residential" land use designation.
2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract
Map No. 17975, including their design and improvements, is consistent with the zoning
and development standards of the proposed "RM-3" Multiple-Family Residential Zone
being proposed in conjunction with Reclassification No. 2015-00285.
3) That the site is physically suitable for the type and density of the proposed project.
4) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, is not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has
been identified.
5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975
or the type of improvements is not likely to cause serious public health problems.
6) That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, or the type of improvements will not conflict with easements acquired by the
public, at large, for access through or use of property within the proposed subdivision.
RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND
TENTATIVE TRACT MAP NO. 17975
November 7, 2016
Page 8 of 8
A tentative tract map is required to create 48-lot, residential subdivision. All common areas,
including driveways, recreational areas, paseos and sidewalks would be owned and maintained
by the homeowner’s association.
The proposed density of 16.8 dwelling units per acre is permitted under the Low-Medium
Density Residential land use designation which allows up to 18 dwelling units per acre. The
tract map complies with all applicable regulations and is consistent with the density allowed
under the Low-Medium Density Residential General Plan designation. In addition, the project
is not likely to cause substantial environmental damage and will not conflict with easements
acquired by the public. Therefore, staff recommends approval of the tentative tract map
request.
Environmental Impact Analysis: The project’s potential environmental impacts have been
evaluated and staff recommends that the Planning Commission determine that the development
qualifies for a Class 32 “Infill Development Projects” exemption allowed under California
Environmental Quality Act. In order to support this determination, staff prepared an
environmental checklist and determined that the project would not result in any significant
effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff
determined that the subject property is less than five acres in size and surrounded by urban
uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately
served by all required utilities and public services. Based on these findings, the project does
not meet the minimum thresholds that would suggest the potential for the project to cause a
significant effect on the environment.
CONCLUSION: Staff has carefully considered and reviewed this proposal and believes that
the site plan revisions have addressed the concerns expressed by the Planning Commission at
the October 17, 2016 meeting. The project is designed in a manner that will provide a quality
living environment for its future residents and is compatible with the surrounding land uses. In
addition, the proposed project meets the goal to continue to provide a variety of quality
housing opportunities to address the City’s diverse housing needs. Staff recommends approval
of the proposed request.
Prepared by, Submitted by,
Amy Vazquez Jonathan E. Borrego
Contract Planner, Lilley Planning Group Planning Services Manager
Attachments:
1. Development Summary
2. Draft Reclassification Resolution
3. Draft Conditional Use Permit Resolution
4. Draft Tentative Tract Map Resolution
5. Applicant’s Letter of Request
6. Complete Plan Set (Revised)
7. Renderings (Revised)
8. Class 32 Environmental Checklist
C-GOFFICES
RS-2S.F.R.
C-G (BCC)MEDICALOFFICE
RM-2 (BCC)TOWNHOMES76 DU
RM-4FOURPLEX
TSUBSTATION
RS-2SINGLEFAMILYRESIDENCE
RM-4APTS5 DU
TLOWE ELEMENTARY SCHOOL
C-GMEDICALOFFICE
RM-4APTS5 DU
RM-4CASA BELINDAAPARTMENTS91 DU
RM-4FOURPLEX
C-GRELIGIOUSUSE
C-G (BCC)RELIGIOUSUSE
TVICTORIA TOWNHOUSEAPARTMENTS264 DU
RS-2SINGLEFAMILYRESIDENCE
RS-2S.F.R.
TS.F.R.
C-GRETAIL
C-GRETAIL
PRDAD MILLERGOLF COURSE
W LINCOLN AVE W LINCOLN AVE
N M O N T E R E Y S T
W POLK AVE
N V E N T U R A S T
N B E L I N D A C I R
S H I D D E N P A T H
W CANOPY LN
S H E A R T W O O D W A Y
W. BROADWAY
W. LINCOLN AVE
W. CRESCENT AVE
S . D A L E A V E
N . D A L E A V E
N . M A G N O L I A A V E
S . M A G N O L I A A V E
N . B R O O K H U R S T S T
S . B R O O K H U R S T S T
W. LINCOLN AVE
2301, 2323 and 2331 West Lincoln Avenue
DEV No. 2015-00127
Subject Property
APN: 071-110-40071-110-41071-110-28
°0 50 100
Feet
Aerial Photo:June 2015
W LINCOLN AVE W LINCOLN AVE
N M O N T E R E Y S T
W POLK AVE
N V E N T U R A S T
N B E L I N D A C I R
S H I D D E N P A T H
W CANOPY LN
S H E A R T W O O D W A Y
W. BROADWAY
W. LINCOLN AVE
W. CRESCENT AVE
S . D A L E A V E
N . D A L E A V E
N . M A G N O L I A A V E
S . M A G N O L I A A V E
N . B R O O K H U R S T S T
S . B R O O K H U R S T S T
W. LINCOLN AVE
2301, 2323 and 2331 West Lincoln Avenue
DEV No. 2015-00127
Subject Property
APN: 071-110-40071-110-41071-110-28
°0 50 100
Feet
Aerial Photo:June 2015
DEVELOPMENT SUMMARY
Development Standard Proposed Project RM-3 Zone Standards
Site Area 2.8 N/A
Density 16.8 du/ac 18 du/ac max.
Floor Area 1,862 to 2,034 square feet 1,000 sq. ft. min.
Street Setback 5-15 feet 20 feet*
Interior Property Lines Setback 10 feet 20 feet*
Setbacks Between Buildings 8-26 feet 40 feet*
Building Height 40 feet 40 feet
Parking 144 spaces 144 spaces
Recreation-Leisure Area 27,850 square feet
(Common- 4,248 sq. ft.)
(Private- 23,602 sq. ft.) 16,800 square feet*
*May be modified by CUP
ATTACHMENT NO. 1
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2015-00285
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to rezone or reclassify that certain real property
located at 2301, 2323, and 2331 West Lincoln Avenue in the City of Anaheim, County of
Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property") from the the “C-G” General Commercial
Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2015-00285" for the purpose of allowing the applicant to construct a 48-
unit detached and attached, single-family residential project (herein referred to as the “Project”)
; and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the “C-G”
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” uses; and
WHEREAS, Reclassification No. 2015-00285 is proposed in conjunction with
Conditional Use Permit No. 2015-05844 and Tentative Tract Map No. 17975, now pending,
which, together with the Project, shall be referred to herein collectively as the "Proposed Project"
WHEREAS, Reclassification No. 2015-00285 proposes to apply the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone to the Property; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, this Planning Commission finds and determines that the Proposed Project is
within that class of projects which consist of in-fill development meeting the conditions
described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is
consistent with the applicable General Plan designation and all applicable General Plan policies
and is consistent with the applicable zoning designation and regulations, (b) is no more than five
acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered,
rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air
quality, or water quality, and (e) the Property can be adequately served by all required utilities
and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
- 2 - PC2016-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 7, 2016 at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of Chapter
18.60 of the Anaheim Municipal Code (the "Code"), to hear and consider evidence and
testimony for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, the Planning Commission, after due consideration, 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. Reclassification of the Property from the "C-G" General Commerical Zone to
the "RM-3" Single-Family Residential Zone is consistent with the Property's Low-Medium
Density Residential land use designation in the Land Use Element of the General Plan.
2. The proposed reclassification of the Property is necessary and/or desirable
for the orderly and proper development of the community and is compatible with the residential
uses located to the south of the Property across Lincoln Avenue.
3. The proposed reclassification of the Property does properly relate to the zone
and permitted uses established in close proximity to the Property and to the zones and their
permitted uses generally established throughout the community.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and
determinations, this Planning Commission does hereby approve Reclassification No. 2015-00285
to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and
reclassify the Property into the "RM-3" Multiple-Family Residential Zone and recommends that
the City Council adopt an ordinance reclassifying the Property in accordance with
Reclassification No. 2015-00285.
BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of,
or a commitment by the City to rezone, the Property; any such rezoning shall require an
ordinance of the City Council, which shall be a legislative act, which may be approved or denied
by the City Council at its sole discretion.
- 3 - PC2016-***
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of November 7, 2016.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 7, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2016-***
[DRAFT] ATTACHMENT NO. 3
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVE CONDITIONAL USE
PERMIT NO. 2015-05844 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2015-05844 to
permit the construction of a 48-unit attached and detached, single-family residential project (the
"Project") with modified development standards, i.e., a reduction in setback requirements and
distance between buildings of the "RM-3" Multiple-Family Residential Zone, for that certain real
property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim, County
of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, Conditional Use Permit No. 2015-05832 is proposed in conjunction with a
request (i) to rezone or reclassify the Property from the "C-G" General Commercial Zone to the
"RM-3" Multiple-Family Residential Zone, which reclassification is designated as
"Reclassification No. 2015-00285"; and (ii) for approval of a tentative tract map to permit a 48-
lot single-family, attached and detached residential subdivision of the Property, which is
designated as "Tentative Tract Map No. 17975"; and
WHEREAS, Reclassification No. 2015-00285, Conditional Use Permit No. 2015-05844
and Tentative Tract Map No. 17975, and the Project shall be referred to herein collectively as the
“Proposed Project”; and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G"
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” land uses; and
WHEREAS, all development within the "RM-3" Multiple-Family Residential Zone that
includes single-family attached and detached dwellings is subject to approval by the Planning
Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit
Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18
(Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030
(Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit
Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural
Setbacks), and the setbacks between buildings, as set forth in Subsection .050 (Findings) of
Section 18.06.090 (Residential Planned Unit Development), may be modified in order to achieve
a good project design, privacy, livability, and compatibility with surrounding uses. If approved,
Conditional Use Permit No. 2015-05844 will permit the reduction in the street setbacks, interior
setbacks and setbacks between buildings requirements of the "RM-3" Multiple-Family
Residential Zone for the Property; and
- 2 - PC2016-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 3, 2016 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith, and the Planning
Commission subsequently continued the item to the November 7, 2016 hearing; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this Planning Commission, after due
consideration, inspection, investigation and study made by itself and in its behalf, and after due
consideration of all evidence and reports offered at said hearing, including the plans submitted
by the applicant, does hereby find and determine the following facts with respect to Conditional
Use Permit No. 2015-05844:
1. The uses within the Project are compatible with the surrounding land uses;
2. New buildings or structures related to the Project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said
existing buildings conform with the provisions of the Zoning Code;
3. Vehicular and pedestrian access are adequate;
4. The Project is consistent with any adopted design guidelines applicable to the
Property;
5. The size and shape of the site proposed for the Project is adequate to allow the
full development of the proposed use in a manner not detrimental to the particular area;
6. The traffic generated by the Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
7. The impact upon the surrounding area has been mitigated to the maximum
extent practicable;
- 3 - PC2016-***
8. The Project complies with the General Plan land use designation of Low-
Medium Density Residential and will comply with the zoning for the Property, upon
approval of an amendment to the Zoning Map of the Anaheim Municipal Code to rezone
and reclassify the Property into the "RM-3" Multiple-Family Residential Zone by the
adoption by the City Council of an ordinance reclassifying the Property in accordance
with Reclassification No. 2015-00285, now pending.
9. The proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, will, upon approval
thereof, comply with the Subdivision Map Act; and
10. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve and adopt Conditional Use
Permit No. 2015-05844, contingent upon and subject to: (1) the adoption by the City Council of
an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property
to the "RM-3" Multiple-Family Residential Zone under Reclassification No. 2015-00285, and (2)
the adoption by this Planning Commission of a resolution approving Tentative Tract Map No.
17975, all of which entitlements are now pending; and (4) the conditions of approval set forth in
Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to
be a necessary prerequisite to the proposed use of the Property in order to preserve the health,
safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission 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 any 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.
- 4 - PC2016-***
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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 or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 7, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 7, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2015-05844
(DEV2015-00127)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1 The project’s Final Grading Plans, Drainage Report and Soils Report shall be
submitted for review and approval to City of Anaheim Public Works
Development Services Division.
Public Works,
Development Services
2 The final Water Quality Management Plan (WQMP) shall be submitted for
review and approval to Public Works Development Services Division and
comply with the most current requirements of the Orange County Drainage
Area Management Plan (DAMP).
Public Works,
Development Services
3 The property owner shall submit project improvement plans that incorporate
the required drainage improvements and the mechanisms proposed in the
approved Final Drainage Report. No offsite run-off shall be blocked during
and after grading operations or perimeter wall construction. Finish floor
elevations shall be 1-ft. minimum above water surface elevations of 100-year
event.
Public Works,
Development Services
4 The applicant shall demonstrate that coverage has been obtained under
California’s General Permit for Stormwater Discharges Associated with
Construction Activity by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste Discharge Identification
(WDID) Number. The applicant shall prepare and implement a Stormwater
Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be
kept at the project site and be available for City review upon request.
Public Works,
Development Services
5 Prior to issuance of the grading permit and right-of-way construction permit for
the storm drain and sewer, whichever occurs first, a Save Harmless agreement
in-lieu of an Encroachment Agreement is required to be executed, approved by
the City and recorded by the applicant on the property for any storm drains
connecting to a City storm drain.
Public Works,
Development Services
6 That the developer shall submit a set of improvement plans for Public
Utilities Department review and approval in determining the conditions
necessary for providing water service to the project.
Public Utilities, Water
Engineering
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
7 All fire services 2-inch and smaller shall be metered with a UL listed meter,
Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities,
Water Engineering
8 A minimum of two connections to public water mains and water looping
inside the project are required.
Public Utilities,
Water Engineering
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 The following minimum horizontal clearances shall be maintained
between proposed water main and other facilities:
- 10-feet minimum separation (outside wall-to-outside wall)
from sanitary sewer mains and laterals, and any buildings,
footings, and walls
- 5-feet minimum separation from all other utilities,
including storm drains, gas, and electric
- 6-feet minimum separation from curb face
Public Utilities,
Water Engineering
10 No public water main or public water facilities shall be installed in private
alleys or paseo areas.
Public Utilities,
Water Engineering
11 No public water mains or laterals shall be allowed under parking stalls or
parking lots.
Public Utilities,
Water Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
12 All backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from all public streets and alleys.
Any backflow assemblies currently installed in a vault will have to be
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross
Connection Control Inspector.
Public Utilities,
Water Engineering
13 That all existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire line
that does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
Public Utilities Water
Engineering
14 All requests for new water services, backflow equipment, or fire lines, as
well as any modifications, relocations, or abandonments of existing water
services, backflow equipment, and fire lines, shall be coordinated and
permitted through the Water Engineering Division of the Anaheim Public
Utilities Department.
Public Utilities,
Water Engineering
15 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
easement for all large domestic above-ground water meters and fire hydrants,
including a five (5)-foot wide easement around the fire hydrant and/or water
meter pad. (ii) a twenty (20) foot wide easement for all water service mains
and service laterals all to the satisfaction of the Water Engineering Division.
The easements shall be granted on the Water Engineering Division of the
Public Utilities Department’s standard water easement deed. The easement
Public Utilities,
Water Engineering
- 8 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
deeds shall include language that requires the Owner to be responsible for
restoring any special surface improvements, other than asphalt paving,
including but not limited to colored concrete, bricks, pavers, stamped
concrete, decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water facilities.
Provisions for the repair, replacement and maintenance of all surface
improvements other than asphalt paving shall be the responsibility of the
Owner and included and recorded in the Master CC & R’s for the project.
16 That the developer/owner shall submit a water system master plan, including
a hydraulic distribution network analysis, for Public Utilities Water
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project’s water
demands and fire protection requirements.
Public Utilities,
Water Engineering
17 That the developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off-site water system
improvements required to serve the project shall be done in accordance with
Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations.
Public Utilities,
Water Engineering
18 That water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved by
the City Engineer and form approved by City Attorney shall be posted with
the City of Anaheim.
Public Utilities,
Water Engineering
19 That individual water service and/or fire line connections will be required for
each parcel or residential, commercial, industrial unit per Rule 18 of the City
of Anaheim’s Water Rates, Rules and Regulations.
Public Utilities,
Water Engineering
20 The property owner/developer shall coordinate with Electrical Engineering
to establish electrical service requirements and submit electric system plans,
electrical panel drawings, site plans, elevation plans, and related technical
drawings and specifications.
Public Utilities,
Electrical Engineering
21 The legal owner shall provide to the City of Anaheim a Public Utilities
easement with dimensions as shown on the approved utility service plan.
Public Utilities,
Electrical Engineering
22 The legal owner shall submit payment to the City of Anaheim for service
connection fees.
Public Utilities,
Electrical Engineering
23 The property owner/developer shall underground any existing and new
power poles and lines.
Public Utilities,
Electrical Engineering
24 Prior to issuance of the first building permit, excluding model homes, the
final map shall be submitted to and approved by the City of Anaheim
Department of Public Works and the Orange County Surveyor for technical
Public Works,
Development Services
- 9 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
review and that all the applicable conditions of approval have been complied
with and then shall be filed in the office of the Orange County Recorder.
25 A cash-in-lieu payment based on the project engineer’s cost estimate, in an
amount determined by the City Engineer to be sufficient to pay for future
street widening along Lincoln Avenue, shall be paid to the City of Anaheim.
Public Works,
Development Services
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
26 Address numbers shall be positioned so as to be readily readable from the
street. Numbers shall be visible during hours of darkness.
Police Department
27 “No Trespassing 602(k) P.C.” posted at the entrances of parking
lots/structures and located in other appropriate places (i.e., Resident
gathering points and access points, bicycle parking, etc.) Signs must be at
least 12” wide x 24” high in overall size, with white background and black
2” lettering.
Police Department
28 All entrances to parking areas should be posted with appropriate signs per
22658(a) C.V.C. to assist in removal of vehicles at the property
owner’s/manager’s request.
Police Department
29 Monument signs and addresses shall be well lighted during hours of
darkness. Police Department
30 Fire lanes shall be posted with “No Parking Any Time.” Said information
shall be specifically shown on plans submitted for reiterate building permits.
Public Works,
Traffic Engineering
31 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled on
building plans.
Public Works,
Traffic Engineering
32 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor
Master Plan or as approved by the City Engineer. Public Works,
Development Services
33 All required on-site Water Quality Management Plan, sewer, storm drain,
and public right of way improvements shall be completed, operational, and
are subject to review and approval by the Construction Services Inspector.
Public Works,
Development Services
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
34 Any Graffiti painted or marked upon the premises or on any adjacent area
under the control of the licensee shall be removed or painted over within 24
hours of being applied.
Police Department
35 Trash storage areas shall be provided and maintained in a location acceptable to
the Public Works Department, Streets and Sanitation Division and in
accordance with approved plans on file with said Department. Said storage
areas shall be designed, located and screened so as not to be readily identifiable
from adjacent streets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as
Public Works
Department, Streets and
Sanitation Division
- 10 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
minimum 1-gallon size clinging vines planted on maximum 3-foot centers or
tall shrubbery. Said information shall be specifically shown on the plans
submitted for building permits.
36 The Owner shall be responsible for restoring any special surface
improvements, other than asphalt paving, within any right-of-way, public
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master C,C&R’s for the project and the City easement deeds.
Public Utilities,
Water Engineering
GENERAL
37 The subject Property shall be developed 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, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
38 Conditions of approval related to each of the timing milestones above shall be
prominently displayed on plans submitted for permits. For example,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for building
plan check. This requirement applies to grading permits, final maps, street
improvement plans, water and electrical plans, landscape irrigation plans,
security plans, parks and trail plans, and fire and life safety plans, etc.
Planning and Building
Department,
Planning Services
Division
39 The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of the approval
of this application.
Planning and Building
Department,
Planning Services
Division
40 The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to individually
and collectively as “Indemnitees”) from any and all claims, actions or
proceedings brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to the
decision, or to determine the reasonableness, legality or validity of any
condition attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded against or
incurred by Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
Planning and Building
Department,
Planning Services
Division
[DRAFT] ATTACHMENT NO. 4
- 1 - PC2016-***
RESOLUTION NO. PC2016-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVE TENTATIVE TRACT MAP NO. 17975
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00127)
(2301, 2323 AND 2331 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the “Planning
Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17975
to construct 48 single-family, attached and detached residential units (the "Project") on certain
real property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G"
General Commercial Zone. The Property is designated on the Land Use Element of the General
Plan for "Low-Medium Density Residential” land uses; and
WHEREAS, Tentative Tract Map No. 17975 is proposed in conjunction with
Reclassification No. 2015-00285 and Conditional Use Permit No. 2015-05844, now pending,
which, together with the Project, shall be referred to herein collectively as the “Proposed
Project”; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on November 7, 2016 at 5:00 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of in-fill development meeting the
conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant
effect on the environment and is, therefore, categorically exempt from the provisions of CEQA;
and
- 2 - PC2016-***
WHEREAS, this Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing pertaining to the request to approve Tentative Tract Map No. 17975, does
find and determine the following facts:
1. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the General
Plan land use designation of Low-Medium Density Residential.
2. That the proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17975, including its design and improvements, is consistent with the zoning and
development standards of the "RM-3" Multiple-Family Residential Zone proposed as
Reclassification No. 2015-00285, now pending.
3. That the site is physically suitable for the type and density of the Proposed Project.
4. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, and with the conditions imposed, is not likely to cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive
environmental habitat has been identified.
5. That the design of the subdivision, as shown on proposed Tentative Tract Map No.
17975, and with the conditions imposed, or the type of improvements is not likely to cause
serious public health problems.
6. That the design of the subdivision or the type of improvements, as shown on
proposed Tentative Tract Map No. 17975 and with the conditions imposed, will not conflict with
easements acquired by the public, at large, for access through or use of property within the
proposed subdivision.
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby approve Tentative Tract Map No. 17975,
contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing
an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple-
Family Residential Zone under Reclassification No. 2015-00285, (2) a resolution approving
Conditional Use Permit No. 2015-05844, and (3) the conditions of approval set forth in Exhibit
B attached hereto and incorporated herein by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the Property in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete said conditions of approval may be granted in accordance with Section 18.60.170 of
- 3 - PC2016-***
the Code. Timing for compliance with conditions of approval may be amended by the Planning
Director upon a showing of good cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition (s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that this Planning Commission 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 any 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 FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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 or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 7, 2016. Said Resolution is subject to the appeal provisions set forth in Section
17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on November 7, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November,
2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2016-***
- 6 - PC2016-***
EXHIBIT “B”
TENTATIVE TRACT MAP NO. 17975
(DEV2015-00127)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF THE FINAL MAP
1 The owner shall apply for and obtain vacation of the existing easements on
site that are in conflict with the proposed permanent structures.
Public Works
Department,
Development Services
Division
2 All parcels shall be assigned street addresses by the Building Division. Public Works
Department,
Development Services
Division
3 The Lettered Lot shall be privately owned and maintained by the
Homeowners Association. The Final Map shall include language to provide
ownership and purposes of the Lettered Lot.
Public Works
Department,
Development Services
Division
4 All existing vertical structures shall be demolished. The developer shall
obtain a demolition permit from the Building Division.
Public Works
Department,
Development Services
Division
5 Tract Map No. 17975 shall be approved in substantial conformance with
Planning Commission resolution for this project.
Public Works
Department,
Development Services
Division
6 A maintenance covenant shall be submitted to the Development Services
Division and approved by the City Attorney's office. The covenant shall
include provisions for maintenance of private facilities such as private sewer,
private drives, paseos, and private storm drain improvements; compliance
with approved Water Quality Management Plan; and a maintenance
exhibit. Maintenance responsibilities shall include all drainage devices,
sewer, parkway landscaping and irrigation, paseos, and the private drives.
The covenant shall be recorded concurrently with the final map.
Public Works
Department,
Development Services
Division
7 The developer shall submit street improvement plans, obtain a right of way
construction permit, and post a security (Performance and Labor &
Materials Bonds) in an amount approved by the City Engineer and in a form
approved by the City Attorney for the construction of all required public
improvements within the City street right of way of Lincoln Avenue.
Improvements shall conform to the applicable City Standards per the Lincoln
Avenue Corridor Master Plan and as approved by the City Engineer. The
Public Works
Department,
Development Services
Division
- 7 - PC2016-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
street improvement plans shall include all traffic related improvements
adjacent to the project site including all driveways, utility installations,
signing and striping, and all other offsite work.
8 The legal property owner shall post a security and execute a Subdivision
Agreement to complete the required public improvements at the legal
owner’s expense in an amount approved by the City Engineer and in a form
approved by the City Attorney. Said agreement shall be submitted to the
Public Works Department, Subdivision Section for approval by the City
Council.
Public Works
Department,
Development Services
Division
GENERAL
9 The applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
individually and collectively as “Indemnities”) from any and all claims,
actions or proceedings brought against Indemnities to attack, review, set
aside, void, or annul the decision of the Indemnities concerning this permit
or any of the proceedings, acts or determinations taken, done, or made
prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to, damages, fees
and/or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnities in connection with
such proceeding.
Planning and Building
Department,
Planning Services
Division
10 Conditions of approval related to each of the timing milestones above shall
be prominently displayed on plans submitted for permits. For example,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
Planning and Building
Department,
Planning Services
Division
11 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits for
this project, whichever occurs first. Failure to pay all charges shall result
in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
12 The subject Property shall be developed 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, and as
conditioned herein.
Planning and Building
Department,
Planning Services
Division
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ATTACHMENT NO. 6
ATTACHMENT NO. 6
ATTACHMENT NO. 7
CITY OF ANAHEIM
ENVIRONMENTAL CHECKLIST FORM
CLASS 32 CATEGORICAL EXEMPTION
INFILL DEVELOPMENT PROJECTS**
CASE NO.: DEVELOPMENT CASE NO. 2015-00127
RECLASSIFICATION NO. 2015-00285
CONDITIONAL USE PERMIT NO. 2015-05844
TENTATIVE TRACT MAP NO. 17975
PROJECT APPLICANT: Kenneth J Catanzarite
Catanzarite Law Corporation
2331 West Lincoln Avenue
Anaheim, CA 92801
kcatanzarite@catanzarite.com
PROJECT ADDRESS: 2301, 2323, and 2331 West Lincoln Avenue
APN(s): 071-110-28, 071-110-40 and 071-110-41
PROJECT LOCATION:
ATTACHMENT NO. 8
SURROUNDING LAND USES AND SETTING: This 2.8-acre site is located in the “C-G” zone and is
developed with an office complex. The site is designated for Low- Medium Density Residential land uses
by the General Plan. Surrounding uses include an elementary school to the north, a church to the east, an
office building to the west and an attached and detached single-family residential development to the
south across Lincoln Avenue.
PROJECT DESCRIPTION: The applicant proposes to demolish the existing office complex and
construct 48 single-family attached and detached townhomes. The residential buildings would be 3-
stories (40 feet) in height with private roof-top decks. The units would be three bedrooms and range in
size from 1,862 to 2,034 square feet.
GENERAL PLAN DESIGNATION: Low-Medium Density Residential
ZONING: “C-G” Reclassification to the RM-3 Zone to Implement the
Property’s Low-Medium Density Residential General
Plan Land Use Designation
INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS
DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF
REGULATIONS:
1. Is the project consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations?
This property is located in the “C-G” zone. A reclassification, or rezoning, to the RM-3
zone is being requested in order to develop attached and detached, single-family homes.
The intent of the RM-3 Zone is to promote the development of condominium
development in an attractive environment. The density of the proposed project is
consistent with and would implement the property’s Low-Medium Density Residential
General Plan land use designation. The density of the proposed project is 16.8 units to
the acre and the Medium Density Residential land use designation allows up to 18 units
per acre. As described below, the proposed reclassification supports several General Plan
policies intended to provide a variety of quality housing opportunities to address the
City’s diverse housing needs; therefore, staff recommends approval of the reclassification
request.
The Land Use Element of the General Plan provides the following goals which would be
supported by the development of this project:
o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic
of unique neighborhoods.
o Goal 2.1: Continue to provide a variety of quality housing opportunities to
address the City’s diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image
and stimulate appropriate development at strategic locations.
o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 4.1: Promote development that integrates with and minimizes impacts to
surrounding land uses.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
2. Is the proposed development located within the City limits on a project site of no more than five
acres substantially surrounded by urban uses?
The 2.8-acre property is located in the City of Anaheim and is currently developed with an office
complex. Surrounding uses include an elementary school to the north, a church to the east, an
office building to the west and an attached and detached single-family residential development to
the south across Lincoln Avenue.
3. Does the project site have value as habitat for endangered, rare or threatened species?
The project site is currently developed with an office complex and has no habitat value for
endangered, rare or threatened species.
4. Would approval of the project result in any significant effects relating to traffic, noise, air
quality, or water quality?
a. Traffic:
Construction - There would be a temporary minor increase in traffic due to construction vehicles
during the construction phase. However, this impact would be temporary. No significant impacts
would occur.
Operation - The Proposed Project consists of the demolition of an office complex and the
construction of a 48-unit single-family attached and detached townhomes. The City of Anaheim
Traffic Study Guidelines state that a traffic study is required when a project is expected to
generate 100 or more new vehicle trips in the AM or PM peak hour. The proposed project
consists of 48 new dwelling units, replacing approximately 42,000 square feet of existing offices.
The Institute of Traffic Engineers (ITE) Trip Generation Manual trip code 230 for condominiums
estimates that 48 new homes would generate 25 peak hour trips. The existing offices, per ITE
trip code 710, generate 63 peak hour trips. Since the proposed project generates less traffic than
the existing offices, a traffic study was determined to not be required nor prepared. Neither
roadway segments nor immediately surrounding intersections are anticipated to be significantly
impacted as a result of the additional trips from the Proposed Project.
b. Noise:
Construction - The Proposed Project would generate temporary noise during construction
activities. Equipment used during construction could create noise impacts through the duration of
the construction process. However, these impacts are temporary and would cease upon
completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction
noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the
City Noise ordinance would result in no significant impacts.
Operation - The Proposed Project is a 48 single-family attached and detached townhome
development that, when constructed, would generate noise impacts consistent with those of
surrounding land uses. No significant impacts would occur.
c. Air Quality:
The Proposed Project site is located within SoCAB which is characterized by relatively poor air
quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US
EPA 2012). SCAQMD has established significance thresholds for both construction and
operational activities relative to these criteria pollutants. Based on the following analysis,
implementation of the Proposed Project would result in less than significant impacts relative to
the daily significance thresholds for criteria air pollutant construction emissions established by
the SCAQMD.
Construction - The proposal consists of the demolition of an office complex and the construction
of 48 single-family attached and detached townhomes on a 2.8-acre parcel. General construction
activities, such as site preparation, including demolition of the existing office complex, grading,
and travel by construction workers can contribute to air pollutants. All construction activities
would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust
emissions, and existing City dust suppression practices that minimize dust and other emissions.
Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling
dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped
by construction vehicles or mud that would otherwise be carried off by trucks departing the site,
suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as
well as implementation of a traffic control plan to minimize traffic flow interference from
construction activities, etc., that would be incorporated into the construction plans.
Construction is conservatively anticipated to last 24 months and construction would be broken
into three phases: demolition, grading, and building construction (which consists of building
construction, paving, and architectural coating).
Pollutant emissions resulting from Proposed Project construction activities were calculated using
the CalEEMod model. Construction emissions are based on conservative assumptions, which
imply a default equipment mix and a worst-case construction schedule. As shown in Table 1,
entitled “Project-Related Construction and Operational Emissions,” the incremental increase in
emissions from Proposed Project construction activities fall well below SCAQMD significance
thresholds for regional emissions.
Operation - The Proposed Project’s incremental increase in regional emissions resulting from
operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source
emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod,
based on the specific proposed land use and intensity. The daily VMT rate is based on the
number of daily trips for each land use and applied to a commute percentage and an average trip
length, both of which are land use specific values derived from CalEEMod. These values account
for variations in trip frequency and length associated with commuting to and from the Proposed
Project. Emission factors specific to the buildout year are projected based on SoCAB-specific
fleet turnover rates and the impact of future emission standards and fuel efficiency standards.
The increase in the consumption of fossil fuels to provide power, heat, and ventilation was
considered in the calculations as stationary point source emissions. Future fuel consumption rates
are estimated based on land use specific energy consumption rates. The emission factors used in
this analysis represent a State-wide average of known power producing facilities, utilizing various
technologies and emission control strategies, and do not take into account any unique emissions
profile. At this time, these emission factors are considered conservative and representative. Area
source emissions were calculated by CalEEMod and include emissions from natural gas and
landscape fuel combustion, consumer products, and architectural coatings (future maintenance).
As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed
Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would
be less than significant.
Table 1 Project-Related Construction and Operational Emissions
Mass Daily Thresholds (pounds per day)
VOC NOx CO SO2 PM10 PM2.5
Construction Emissions
SCAQMD Threshold 75 100 550 150 150 55
2017 Project Emissions 6 62 46 0.06 11 7
2018 Project Emissions 3 21 18 0.03 2 1
2019 Project Emissions 21 32 30 0.05 3 2
Exceed Threshold? NO NO NO NO NO NO
VOC NOx CO SO2 PM10 PM2.5
Operational Emissions
SCAQMD Threshold 55 55 550 150 150 55
Project Emissions 3 4 20 0.03 3 1
Exceed Threshold? NO NO NO NO NO NO
Source of emissions: CalEEMod 2013.2.2
Source of thresholds: SCAQMD
Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant
emissions associated with construction of the Proposed Project would be less than significant.
Operational related impacts are typically associated with emissions produced from Project-
generated vehicle trips. Based on the Proposed Project’s anticipated compliance with
SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts
would occur to existing air quality standards.
d. Water Quality:
Grading and construction associated with site work on the project site would result in temporary
disturbance of surface soils, which could potentially result in erosion and sedimentation on site,
which are major visible water quality impacts attributable to construction activities. Any
stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain
and, if not manage properly, could result in increased sedimentation in local drainage ways.
The Proposed Project must comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is
administered in the project area by the City of Anaheim and County of Orange, issued by the
Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by
regulating point sources that discharge pollutants into receiving waters. The Proposed Project
operation must also comply with the NPDES General Construction Permit.
The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code,
which prohibits the active or passive discharge or disposal of soil or construction debris into the
storm drain. Additionally, the Proposed Project would be required to obtain coverage under the
General Permit for Discharges of Storm Water Associated with Construction Activity
(Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the
Construction General Permit includes clearing, grading, and disturbances to ground such as
stockpiling or excavation. The Construction General Permit requires implementation of a Storm
Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map
showing the construction perimeter, existing and proposed buildings, storm water collection and
discharge points, general pre- and post-construction topography, drainage patterns across the site,
and adjacent roadways.
The SWPPP must also include project construction features designed to protect against
stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP
must contain a visual monitoring program; a chemical monitoring program for “non-visible”
pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge
directly into a water body listed on the 303(d) list for sediment. Section A of the Construction
General Permit describes the elements that must be contained in the SWPPP. Incorporation of
these policies and ordinances and the requirements contained within would reduce project
impacts to less than significant.
5. Can the project site be adequately served by all required utilities and public services?
a. Fire Protection:
The construction of 48 single-family attached and detached townhomes would result in a
small increase of new residents, which could incrementally increase demands for fire
protection services. However, the increased demand for fire protection services would be
considered minimal and would be met with existing fire resources. Impacts to fire
services are anticipated to be adequately funded by an increase in tax revenue, over an
extended period of time, relative to the increase in development intensity. Additional fire
personnel and associated facilities and equipment would be provided through the annual
Operating Budget and Capital Improvement Program review process. Annually, Fire
Department needs would be assessed and budget allocations revised accordingly to
ensure that adequate levels of service are maintained throughout the City. Building plans
submitted for new development on the project site would be required to comply with fire
safety requirements. Additionally, development of the project site would not result in the
need for new or physically altered fire protection facilities. Impacts to fire services would
be less than significant.
b. Police Protection:
The construction of 48 single-family attached and detached townhomes would result in a
small increase of new residents, which could incrementally increase demands for police
services. Development of the project site would not result in the need for new or
physically altered police protection facilities. Impacts to police services would be less
than significant.
c. Schools:
The Proposed Project would include the construction of 48 single-family attached and
detached townhomes, resulting in a small increase of new residents. Based on the student
generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high
school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per
household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301,
development of 48 new housing units would generate approximately 20 elementary
students, 7 junior high students, and 12 high school students. Therefore, the Proposed
Project would not significantly impact school services. In addition, payment of the
appropriate school fees would be required for all new development in accordance with
Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required
fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50,
payment of the school development fees are considered full mitigation. Impacts would
be less than significant.
d. Parks:
The Proposed Project would generate a small increase of new residents that may utilize
recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update
EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents.
In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to
pay a park impact fee prior to the issuance of building permits in order to offset the increase in
demand and use of recreational facilities. Therefore, no significant impacts would occur.
e. Other Public Facilities:
The Proposed Project would include the demolition of an office complex and the construction of
48 single-family attached and detached townhomes. The Proposed Project would generate a
small increase of new residents that may utilize library facilities in the City. The City of
Anaheim Public Library system consists of a Central Library, eight branches, the
Heritage House (former Carnegie Library), and a BookMobile. The population increase
of less than one half of a percent of the total City population would not significantly
impact the Public Library system. As a result, impacts associated with library services
and facilities would be less than significant.
e. Wastewater/Sewer:
The Proposed Project would be served by the Anaheim Public Works Department for wastewater
(Sanitary Sewer) collection service. The Proposed Project is located within a developed area and
there is an existing Public wastewater (Sanitary Sewer) main in W Lincoln Avenue, adjacent to
the Proposed Project. The Proposed Project would be required to connect to this existing
wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient
in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area
Master Plan of Sanitary Sewers. Due to the small size of the Proposed Project, no significant
impacts on existing wastewater infrastructure would occur and the existing facilities would be
1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR
adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to
wastewater treatment facilities (OCSD) would be less than significant.
f. Storm Water Drainage:
On-site grading and drainage improvements proposed in conjunction with the proposed site work
would be required to meet the City’s and Orange County Flood Control District’s (OCFCD) flood
control criteria including design discharges, design/construction standards and maintenance
features. All new development projects in the City are also required to include specific design
Best Management Practices to ensure that no storm water runoff generated on site would be
allowed to leave the site without pre-treatment for urban pollutants. The Proposed Project would
not alter any drainage pattern in a manner that would result in substantial erosion or siltation on
or offsite. The Proposed Project would not involve an alteration of the course of a stream or
river. Erosion and siltation impacts potentially resulting from the project would, for the most
part, occur during the Proposed Project’s site preparation and earthmoving phase.
Implementation of the NPDES permit requirements, as they apply to the site, would reduce
potential erosion, siltation, and water quality impacts. Less than significant impacts would occur.
g. Water Supplies:
The City of Anaheim receives water from two main sources: the Orange County Groundwater
Basin, which is managed by the Orange County Water District (OCWD), and imported water
from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped
from 18 active wells located within the City, and imported water is delivered to the City through
seven treated water connections and one untreated connection.
According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local
groundwater has been the least expensive and most reliable source of water supply for the City.
The City depends heavily on the groundwater from the Orange County Groundwater Basin each
year. The Proposed Project includes the development of a new service station with convenience
market at the same location of a similar use. Due to the similar size of the project, the supply of
local water needed to support the use is not substantial. Therefore, the production rates of local
wells would not be significantly impacted. The Proposed Project would also result in similar
amounts of impervious surfaces than what currently exist on the site. Therefore, the development
would not result in a significant deficit in aquifer volume or a lowering of the local groundwater
table. Less than significant impacts to groundwater supplies would occur.
i. Solid Waste Disposal:
Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into
recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling.
Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea
and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept
approximately 23,500 tons of waste per day, or over seven million tons annually. The Proposed
Project’s contribution of solid waste would be minimal and would not significantly impact
landfill operations. No significant impacts would occur.
j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service:
The project site is located in a built-out, urban setting. The site and the surrounding properties
are fully served by various utility service providers. There are no anticipated significant service
or system upgrades needed to serve the proposed commercial use. Any increase in demand for
these services would be considered to be less than significant.
** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California
Code of Regulations.
DETERMINATION:
I find that the answers given above are adequately supported by the information sources cited following
each question and that the effects of the Project are typical of those generated within that class of projects
(i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions
of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the requirement for the
preparation of environmental documents under the California Environmental Quality Act.
Signature of City of Anaheim Representative Date
Amy Vazquez, Contract Planner (714) 765-4968
Printed Name, Title Phone Number
1
Elly Morris
From:Esther Wallace <eswall@msn.com>
Sent:Monday, November 07, 2016 3:58 PM
To:Elly Morris; Jonathan Borrego
Subject:2301, 2323, and 2331 W. Lincoln Ave.
Planning Commissioners:
There are a few items I would like to comment on with respect to Item #2 on
today's Planning Commission agenda.
According to Anaheim's standards, 18 attached condos may be built to 18 per
acre. Twenty two attached condos would require 1.2 acres. Unattached single
family dwellings may be built 13 homes to an acre. The number being built in this
plan is 26 which would require 2 acres. The total acreage is 3.2 acres for the 48
dwellings. It appears there are about 5 units too many in this development.
How much protection is there for the families with the open space on the roofs of
the buildings. I am thinking of families with active youngsters.
Buses coming from the school have a problem coming through Monterey Street
with parking on each side creating only one lane each for the exit and ingress from
Lincoln Avenue. Attention should be given to making this street a red zone
parking allowing for two lanes each for exiting and ingressing from Lincoln
Avenue. In an emergency this is a potential problem.
Thank you for considering these items.
Esther Wallace
WAND Chairman
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
ITEM NO. 3
PLANNING COMMISSION REPORT
PLANNING AND BUILDING DEPARTMENT
DATE: NOVEMBER 7, 2016
SUBJECT: ZONING CODE AMENDMENT NO. 2016-00135, AN
AMENDMENT TO TITLE 3 (BUSINESS LICENSES) AND
TITLE 18 (ZONING) RELATING TO THE SITING, LICENSING
AND OPERATION OF MASSAGE ESTABLISHMENTS
LOCATION: Citywide
APPLICANT: City of Anaheim
REQUEST: This is a City-initiated request to amend Title 3 (Business Licenses) and
Title 18 (Zoning) of the Anaheim Municipal Code relating to the siting, licensing and
operation of massage establishments.
RECOMMENDATION: Staff recommends that the Planning Commission, by motion,
determine that the proposed ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to Section 15060(c)(2) and 15060(c)(3) of the state
CEQA Guidelines and recommend City Council approval of Zoning Code Amendment
No. 2016-00135.
BACKGROUND: In September 2014, the Governor signed Assembly Bill 1147 (AB
1147) which restored municipal land use regulatory authority over all massage
establishments. Prior to the signing of AB 1147, the Governor had signed Senate Bill 731
(SB 731) in 2008 which essentially removed land use regulatory rights from cities in
relation to the oversight of massage establishments. Following the passage of SB 731 in
2008, the City experienced a large increase in the number of massage establishments. Prior
to 2008, the City had approximately 10 massage establishments. Today, there are
approximately 68 licensed massage establishments in Anaheim. Many of the City’s current
massage establishments, as well as those in surrounding communities, are engaging in
illegal businesses practices, including prostitution. Observed violations in Anaheim also
include illegal tenant improvements to create massage rooms; unauthorized massage
technicians and personnel; violations of employment and labor laws, including
establishments’ failure to secure worker’s compensation insurance; unsanitary facility
conditions, including unwashed sheets, trash, and used contraceptive devices; massage
technicians dressed inappropriately; establishments operating beyond approved hours of
operation; installation of illegal signage; sexually suggestive advertising; and, employees
refusing to allow City inspections of the establishments. In response to these common
conditions and occurrences, staff is recommending a series of amendments to the Anaheim
Municipal Code that would enhance the City’s ability to address these conditions and
violations. Staff has notified all massage business owners of the proposed changes and had
yet to receive any inquiries at the time this staff report was prepared.
ZONING CODE AMENDMENT NO. 2016-00135
November 7, 2016
Page 2 of 2
PROPOSAL: The proposed Code amendments, as outlined in the attached “red-lined” and
“clean” ordinances, include changes to Title 3 (Business Licenses) and Title 18 (Zoning). The
proposed changes to Title 3 are minor in nature and update terminology and Code Section
references relating to the licensing of massage establishments. The proposed amendments to
Title 18 are more substantial in nature and relate to the licensing of massage business operators,
permitted conduct of massage technicians, business siting requirements and operational
standards. The following is a summary of the more substantial changes proposed:
Establishing new rules and clarifying existing rules regarding the dress and conduct of
massage technicians
Requiring Building Code compliance for existing and future table shower areas
Requiring additional information regarding the identity and criminal history of massage
business operators
Requiring existing and future massage establishments to maintain storefront windows
that provide clear visibility into the reception area
Requiring the use of full sized sheets and towels
Prohibiting the storage, sale or consumption of alcoholic beverages within a massage
establishment
Prohibiting massage establishments from operating within motels outside of the
Anaheim Resort area; however, massage within hotels would be allowed citywide
Requiring a minimum 500-foot separation distance between massage establishments
Requiring the maintenance of customer records identifying the name and phone number
of all customers served, as well as the type of treatment provided
Prohibiting massage establishments from operating between the hours of 10:00 p.m. to
6:00 a.m.
Prohibiting the operation of massage establishments within live/work units
Establishing a six-month period by which all existing massage operators and
establishments would need to comply with the new regulations
CONCLUSION: The goal of the recommended Code changes is to ensure that massage
establishments operate in a manner that protects the health and safety of massage practitioners
and their customers while discouraging the type of illegal activity that has been known to occur
at some establishments. Staff believes that the recommended changes respect the operational
needs of legally conducted massage establishments while preventing or discouraging the type of
illegal activity now occurring at many business locations. Therefore, staff recommends that the
Planning Commission recommend City Council approval of the proposed Zoning Code
Amendment.
Prepared by,
Jonathan E. Borrego,
Planning Services Manager
Attachments
1. Red-lined Draft Ordinance
2. Clean Draft Ordinance
3. Location Map of Existing Massage Establishments
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55402.00039\29315255.1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS CHAPTERS OF TITLE 3 AND
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO THE LICENSING, SITING AND
OPERATION OF MASSAGE ESTABLISHMENTS
AND FINDING AND DETERMINING THAT THIS
ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND
15060(C)(3) OF THE STATE CEQA GUIDELINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT AND
IS NOT A PROJECT, AS DEFINED IN SECTION 15378
OF THE CEQA GUIDELINES.
WHEREAS, pursuant to the will of the electorate as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim (“City Council”)
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the “State CEQA
Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental
documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it
will not result in a direct or reasonably foreseeable indirect physical change in the environment and
is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and
WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the California
Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over
the certification of massage technicians and practitioners throughout the State of California; and
WHEREAS, Senate Bill 731 also limited the City’s regulatory authority over massage
establishments that exclusively hire State-certified massage technicians, preempting most local
licensure and permitting requirements and land use regulations; and
WHEREAS, the City amended the Anaheim Municipal Code (“AMC”) to comply with the
regulations set forth in Senate Bill 731; and
ATTACHMENT NO. 1
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WHEREAS, Senate Bill 731 has been widely criticized by local agencies as providing
massage businesses with almost unprecedented protection from local zoning and land use
authority, and interfering with local law enforcement efforts to close massage businesses that allow
prostitution and other illegal activities; and
WHEREAS, prior to the passage of Senate Bill 731, there were approximately 10 massage
establishments operating in the City. Following the passage of Senate Bill 731, a total of 68
massage establishments have now located in the City; and
WHEREAS, the increased number of massage establishments that have located in the City
have resulted in an increase of police and code enforcement calls and services to many of those
massage establishments. Some of those establishments are suspected of allowing sexually explicit
activity to occur on the premises, including prostitution; and
WHEREAS, during City inspections of existing massage establishments, City inspectors
have found violations including illegal tenant improvements to create massage rooms, including
plumbing for table showers; unauthorized massage technicians and personnel; violations of
employment and labor laws, including establishments’ failure to secure worker’s compensation
insurance; unsanitary facility conditions, including unwashed sheets, trash, and used contraceptive
devices; massage technicians dressed inappropriately, including the exposure of specified
anatomical parts; establishments operating beyond approved hours of operation; persons using the
establishments as a residence, installation of illegal signage; and employees refusing to allow City
inspections of the establishments; and
WHEREAS, the violations noted above are harmful for the establishment patrons,
employees, and the public generally as they require additional enforcement hours by code
enforcement and police officers; and
WHEREAS, there is evidence in other jurisdictions that massage establishments serve as
fronts for prostitution or human sex trafficking. The potential for criminal and unsafe activity at
massage establishments is particularly concerning given that some massage establishments in the
City are located within proximity to places where families congregate, such as restaurants and
shopping areas; and
WHEREAS, law enforcement action in other jurisdictions to investigate and identify such
criminal activity at massage parlors have, in many cases, exposed criminal activity to occur
outside normal business hours; and
WHEREAS, increased visibility into storefronts creates a sense of safety for customers and
passersby, encourages transparent business operations, and better enables code enforcement and
policing efforts, while decreased visibility into storefronts may serve as a cover for criminal or
unsafe activity described above; and
WHEREAS, evidence from other jurisdictions, as well as experience in the City has shown
that there is a higher probability for illicit activities and negative secondary effects resulting from
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massage establishments, including prostitution and human trafficking, when multiple
establishments are located in the same shopping center or in close proximity to each other. Such
proximity have been seen attract massage establishments, operators, and massage technicians that
are more likely to violate the law and engage in illicit activities. Moreover, the City has an interest
in supporting and encouraging a diversity and mix of commercial uses in a given shopping center
or area; and
WHEREAS, motels have been shown to attract and enable criminal and unsafe activity
similar to that described above, including prostitution. Thus operation of a massage establishment
within a motel would augment the potential for such criminal or unsafe activity; and
WHEREAS, mobile massage operations (i.e., massage operations with mobile units or that
make house calls) attract the criminal and unsafe activity described above, but also present greater
hindrances to consumer protection and code enforcement due to the transient nature of the business
and operation of the business in customers’ homes and/or places of business; and
WHEREAS, individuals convicted in the last 10 years of criminal activity similar in nature
as described above have, by virtue of the conviction, demonstrated an inability to garner the
confidence necessary from of the City and the community to operate an massage establishment in a
manner that conforms to the law and contributes to the economy; and
WHEREAS, code enforcement and policing efforts in other jurisdictions have found that
illegal massage operations that are shut down are often replaced by similar illegal massage
operations in the same location. There are significant affects from allowing illegal massage
operations to remain at a given site. Impacts include decreased consumer confidence in the legal
operation of future massage establishments at the site, decreased consumer confidence in the
neighboring businesses, and confusion among customers regarding the any connection between the
closed illegal operation and a new legal operation, and detrimental effects on all surrounding
businesses; and
WHEREAS, the illicit and illegal activities detailed in the above recitals at massage
establishments in the City pose health and safety threats to the establishments, its operators,
employees, patrons, surrounding businesses, and the public; and
WHEREAS, Assembly Bill 1147 was created in response to criticism against Senate Bill
731 and allows local agencies to impose reasonable zoning, business licensing, and health and
safety requirements on massage establishments. Assembly Bill 1147 went into effect on January
1, 2015; and
WHEREAS, the City wishes to amend the Anaheim Municipal Code to ensure that the City
regulates massage establishments in compliance with the provisions of Assembly Bill 1147; and
WHEREAS, the City is also authorized by Government Code Section 51030 et seq., to
regulate massage establishments by imposing reasonable standards relative to the skill and
experience of massage operators and massage technicians, and reasonable conditions on the
operation of the massage establishments; and
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WHEREAS, the public peace, health, safety, and welfare require revisions to AMC
ordinances relating to massage establishments and massage technicians to ensure that nuisance
activities occurring at massage establishments in the City are properly regulated and cease; and
WHEREAS, the fees required by the ordinance have been studied and generated in
conformance with the California Mitigation Fee Act (Cal. Gov’t Code §§ 66000 et seq.); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed Zoning
Code Amendment _______ at a regular meeting on ____________, 2016, in accordance with
AMC Section _____________, and recommended that the City Council approve Zoning Code
Amendment ___________and approve this Ordinance; and
WHEREAS, the City Council conducted a public hearing on the proposed Zoning Code
Amendment __________ at a regular meeting on ________, 2016, in accordance with AMC
Section ____________; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the local
police power and in accordance with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
The Anaheim City Council hereby finds and determines that the above recitals are true and
correct and incorporated herein.
SECTION 2.
Section 3.32.090 (Massage Establishment and Massage Operators) of Chapter 3.32
(Miscellaneous Business Activities) of Title 3 (Business Licenses) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
3.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS.
Every person who operates or maintains a massage establishment for which a
massage establishment operator’s permit is required pursuant to Chapter 18.164.29
of this Code, and every person who engages in the business of providing,
conducting, administering or carrying on any kind or character of massage (other
than as the employee of a massage establishment for which a massage
establishment operator’s permit is required pursuant to Chapter 4.29 18.16 of this
Code), shall pay an annual business license tax fee of three hundred dollars ($300).
This section shall not apply to those persons who are otherwise exempt from the
permit requirements set forth in Chapter 4.29 18.16 of this Code.
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SECTION 3.
Section 18.16.070 (Massage Establishments) of Chapter 18.16 (Regulatory Permits) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and
restated to read in full as follows:
18.16.070 MASSAGE ESTABLISHMENTS.
.010 Purpose and Intent.
It is the purpose and intent of this section to provide for the orderly regulation of
massage establishments and their massage technicians and employees in the City.
.020 Operator’s Permit Required.
No person shall operate a massage establishment within the City without first
obtaining an operator’s permit pursuant to Sections 18.16.070.030 and
18.16.070.040 of this chapter. The operator’s permit required by this section shall
be in addition to any business license required by this Code. Mobile massage
operations are not permitted within the City. All massage activities must occur
within a massage establishment as permitted by this chapter. Massage facilities are
prohibited within Motels as defined in Section 18.92.160 except as permitted in
Chapter 18.114 Disneyland Resort Specific Plan No. 92-1, Chapter 18.116
Anaheim Resort Specific Plan No. 92-2 and Chapter 18.118 Hotel Circle Specific
Plan No. 93-1.
.030 Application for Operator’s Permit.
Any person desiring an operator’s permit for a massage establishment shall file a
written application on the required form with the Planning Director who shall refer
all such applications to the Chief of Police who shall conduct an investigation. The
application shall be accompanied by the appropriate filing fee established by
resolution of the City Council. The application shall be completed and signed by the
owner of the proposed massage establishment, if a sole proprietorship; one general
partner, if the owner is a partnership; one officer or one director, if the owner is a
corporation; and one participant, if the owner is a joint venture. The application for
permit does not authorize operation of a massage establishment unless and until
such operator’s permit has been approved as provided in Section 18.16.070.040 of
this section. The application shall be deemed complete if it contains or is
accompanied by the information required as identified below and in the application
approved by the Planning Director.
.0301 The applicant corporation or partnership shall designate one of its
officers or general partners to act as its responsible managing officer for purposes of
operating the massage establishment on behalf of the corporation or partnership.
Such designated person shall complete and sign all application forms required for
an individual applicant under this section, but only one application fee shall be
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charged. Such responsible managing officer must at all times meet all of the
requirements set forth in this section, or the operator’s permit shall be suspended
until a responsible managing officer who meets all such requirements is designated.
If no such person is named within ninety (90) days, the operator’s permit shall be
deemed canceled and a new application for an operator’s permit, accompanied with
the appropriate filing fee, must be filed. The managing officer may be different
from the Responsible Employee of the massage establishment defined in Section
18.92.210 of this Title.
.0302 The present or proposed address where the business is to be
conducted.
.0303 The type of ownership of the business (i.e., sole proprietorship,
partnership, corporation, etc.).
.0304 The exact name, including any fictitious name, if applicable, under
which the business is to be operated.
.03020305 A detailed description of all services to be provided at the
massage establishment. If the list of services required to be posted pursuant to
Section 18.16.070.080.0801.02 of this chapter is to be in any language other than
English, such list must accompany the application for the operator's permit. Any
changes to such list after the issuance of the operator’s permit must be submitted to
the Planning Director within ten (10) days after such changes are made.
.0303 0306 If applicable, Aa copy of the California Massage Therapy
Council (“CAMTC”) certificate and photo identification issued to the Applicant by
the California Massage Therapy Council pursuant to Section 4600, et seq. of the
California Business and Professions Code. If applicable, the expiration date of the
CAMTC certificate must be indicated.
.0307 A complete list of the names, including any pseudonym, alias(es),
alternate name(s), or nickname(s), and residential addresses of all massage
technicians, employees, independent contractors and attendants in the business; the
name and residential address of the Responsible Employee principally in charge of
the operation of the business; and the names and residential addresses of all
principals of the business.
.0304 .0308 A copy of the CAMTC certificate and photo identification
issued by the California Massage Therapy Council pursuant to Section 4600, et
seq., of the California Business and Professions Code for each person or employee
of the Massage Establishment that will provide massage services. If applicable, the
expiration date of the CAMTC certificate held by each person or employee of the
Massage Establishment that will provide massage services must be indicated.
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55402.00039\29315255.1
.0309 The name and address of the record owner of the real property upon
or in which the massage establishment is to be conducted. If the applicant does not
own the lot or parcel on which the massage establishment will operate, the owner
shall consent to the filing of the application by signing and dating the application,
and the applicant shall provide a notarized copy of the lease or rental agreement.
.0310 A sketch or diagram showing the complete interior configuration of
the business, including without limitation the location of the restrooms, massage
rooms, customer areas, employee only designated areas, and any facility
requirements as identified in Section 18.16.080.0801. The sketch or diagram need
not be professionally prepared, but it must be drawn to a designated scale, with
marked dimensions of the interior of the premises to an accuracy of plus or minus
twelve inches.
.0305 .0311 Written Aauthorization for the City, its agents, and employees
to seek verification of the information contained in the application.
0306 .0312 If the applicant is an individual he/she shall sign the application
under penalty of perjury that all the information contained in the application is true
and correct. If the applicant is other than an individual, the responsible managing
officer shall sign the application under penalty of perjury that all the information
contained in the application is true and correct. A statement in writing and dated by
the applicant that he/she certifies under penalty of perjury that all information
contained in the application is true and correct.
.0313 A signed notarized statement that the Responsible Employee shall be
responsible for the conduct of all employees, massage technicians and independent
contractors working on the premises of the massage establishment and that failure
to comply with California Business and Professions Code Section 4600 et seq., with
any local, state, or federal law, or with the provisions of this chapter or Title 20 may
result in the revocation of the City-issued permit.
.0314 Such other identification and information as may be necessary and
required by the City in its sole discretion to verify the truth of the matters
hereinabove specified as required to be set forth in the application.
.0307 .0315 If, during the term of a permit, any of the information submitted
on the original or renewal application changes, the operator or Responsible
Employee shall notify the Planning Director of such change within ten (10)
business days thereafter, in writing.
.0316 For any massage establishment in operation prior to the adoption of
Ordinance No. ______, a new written application for an operator’s permit for a
massage establishment required by section 18.16.070.030 above shall be filed with
the City and deemed complete pursuant to section 18.16.070.030 within six (6)
months of the effective date of Ordinance No. ______.
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.0308 .0317 If the operator is not certified with the California Massage
Therapy Council (CAMTC), tThe following additional information concerning the
applicant shall also be provided:
.01 The full name, date of birth, current residential address, business
address, and telephone numbers.
.02 Acceptable proof that the applicant is at least eighteen (18) years
of age.
.03 California driver’s license number or California identification
number, and social security number or resident alien number, if any.
.04 Any other names or aliases, including nicknames, used within
five years of the date of filing the application.
.05 Height, weight, color of hair and eyes, and gender.
.06 Three (3) front faced portrait photographs at least two inches (2”)
by two inches (2”) in size.
.06 The applicant’s complete business, occupation and employment
history for five (5) years preceding the date of application, including, but not
limited to, the massage or similar business history and experience of the applicant.
.07 The complete permit history of the applicant including, but not
limited to massage or similar business; whether such person has ever had any
permit or license issued by any agency, board, city, county, territory or state; the
date of issuance of such a permit or license; whether the permit or license was
denied, revoked or suspended; or whether a vocational or professional license or
permit was denied, revoked or suspended, and the reason(s) therefor.
.08 All criminal convictions, including pleas of nolo contendere,
within the last ten (10) years, including those dismissed or expunged pursuant to
Penal Code Section 1203.4, but excluding minor traffic violations, and the date and
place of each such conviction and reason and sentence therefor.
.09 Whether the applicant has ever been convicted of any crime
specified in Government Code section 51032.
.07 10 A complete set of fingerprints taken by the Police
Department.
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.11 The name and address of any massage business or other
establishment currently owned or operated by the applicant wherein the business of
massage is conducted.
.035 Right to Privacy.
Notwithstanding the fact that an application filed hereunder may be a public record
under Government Code sections 6250 et seq., certain portions of such application
contain information vital to the effective administration and enforcement of the
licensing scheme established herein which is personal, private, confidential, or the
disclosure of which could expose the applicant to a risk of harm. Such information
includes, but is not limited to, the applicant’s residence address and telephone
number, the applicant’s date of birth and/or age, the applicant’s driver’s license
and/or Social Security number, and/or personal financial data. The City Council in
adopting the application and licensing system set forth herein has determined in
accordance with Government Code section 6255 that the public interest in
disclosure of the information set forth above is outweighed by the public interest in
achieving compliance with this chapter by ensuring that the applicant’s privacy,
confidentiality, or security interests are protected. The City Manager shall cause to
be obliterated from any copy of a completed license application made available to
any member of the public, the information set forth above.
.040 Operator’s Permit Issuance and Denial.
Upon receipt of a written application for a permit, the Chief of Police shall conduct
an investigation to ascertain whether such permit should be issued as requested.
The Chief of Police shall, within tenthirty (130) business days of receipt of an
application, provide a recommendation to the Planning Director to approve or deny
the application. The ten (10) day period may be extended for up to thirty (30)
additional days, if necessary, to complete the investigation. The Chief of Police
shall directrecommend approval of the application the Planning Director to issue
such permit as requested, unless the Chief of Police makes any of the following
findings:
.0401 The applicant, if an individual, or any of the officers or directors of
the corporation, if the applicant is a corporation; or a partner, if the applicant is a
partnership, or any person proposed to be or employed in the massage
establishment, has, within ten (10) years preceding the date of the application
either:
.01 Been convicted of a violation of California Penal Code Sections
236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316,
318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law
pursuant to which a person is required to register under the provisions of Penal
Code Section 290, or when the prosecution accepted a plea of guilty or nolo
contendere to a charge of a violation of California Penal Code Section 415 or any
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lesser included or lesser related offense, in satisfaction of, or as a substitute for, any
of the previously listed crimes;
.02 Been convicted of a violation of Health and Safety Code Section
11550 or any offense involving the illegal sale, distribution or possession of a
controlled substance specified in Health and Safety Code Section 11054, 11055,
11056, 11057 or 11058;
.03 Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
.04 Engaged in conduct in another jurisdiction which, if it had
occurred within the City, would constitute grounds for denial, suspension or
revocation of an operator's permit under this section;
.05 Been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the
California Penal Code, or any similar provisions of law in a jurisdiction outside the
State of California;
.06 Engaged in conduct which would constitute an offense as
described in subparagraph .01 above;
.07 Committed an act in another jurisdiction which, if committed in
this state, would have been a violation of law and, which, if done by a permittee
under this section, would be grounds for denial, suspension or revocation of the
permit;
.08 Been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the
qualifications, functions or duties of the operator;
.09 Had a massage operator permit, massage technician permit,
CAMTC certificate or other similar license or permit denied, suspended or revoked
for cause by a licensing authority or by any City, County, City and County or State.
.10 Employed or used massage technicians without valid CAMTC
certificates.
.0402 The applicant has made a false, misleading or fraudulent statement or
omission of fact to the City in the permit application process.
.0403 The application does not contain all of the information required by
Section 18.16.070.030.
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.0404 The massage establishment, as proposed by the applicant, does not
comply with all applicable laws, including, but not limited to, health, zoning, fire
and safety requirements and standards.
.0405 The applicant has not satisfied the requirements of this Section
18.16.070 in the time specified.
.0406 If the application is denied due to a false, misleading or fraudulent
statement in the application, the applicant may not reapply for a period of six (6)
twenty-four (24) months from the date the application was denied.
.050 Massage Establishment Operating Requirements.
Each operator and Responsible Employee of any Massage Establishment shall
comply with the following requirements:
.0501 Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, or employee shall massage the genitals, gluteal
fold, or anal area, of any patron or the breast(s) of any female patron, nor shall any
operator or Responsible Employee of a massage establishment allow or permit such
massage. No massage operator or designated Responsible Employee while
performing any task or service associated with the massage business, shall be
present in any room with another person unless the person’s genitals, gluteal fold,
anus, or in the case of a female, her breast(s), are fully covered.
.0502 In no circumstance shall any owner, operator, responsible managing
employee, manager, licensee, employee or independent contractor expose any
specified anatomical parts, as defined by Section 18.54.020, to another person or
persons while at the massage establishment.
.0503 In no circumstance shall any specified sexual activities, as defined by
Section 18.54.020, take place at any time at the massage establishment.
.0504 No massage establishment employing a massage technician shall be
equipped with tinted or one-way glass in any room or office.
.0505 There shall be no display, storage, or use of any instruments, devices,
or paraphernalia which are designed for use in connection with specified sexual
activities, as defined by Section 18.54.020, including, but not limited to, all sex-
oriented material and merchandise as defined by Section 18.54.020 (I) and (J).
.0502 .0506 No person granted a permit pursuant to this section shall use
any name or conduct business under any designation not specified in his or her
permit.
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.0503 .0507 All massage establishments required to be licensed under this
section shall have a Responsible Employee on the premises at all times the massage
establishment is open. The operator of each massage establishment shall file a
statement with the Planning Director designating the person or persons with power
to act as a Responsible Employee. The operator and/or on duty Responsible
Employee shall post, on a daily basis, the name of each on duty Responsible
Employee and each on duty technician in a conspicuous public place in the lobby of
the massage establishment. The operator, or the Responsible Employee in the
operator’s absence, shall be responsible for ensuring compliance with this section.
.0504 .0508 No establishment shall be open for business without having a
valid operator’s permit and at least one on-duty massage technician holding a
current valid CAMTC certificate permit for the specific establishment on the
premises, and on duty, at all times when said establishment is open.
.0505 .0509 The operator and/or designated Responsible Employee shall
ensure the massage establishment permit and the massage technician permit or
CAMTC certificate for each on-duty massage technician, alongside a color copy of
the corresponding technician’s photograph is conspicuously displayed in a public
place in the lobby and that each massage technician is wearing or has on his or her
person the photo identification card required by Section 18.16.070.070.0703 or
issued by the California Massage Therapy Council at all times when in the massage
establishment. Such identification shall be provided to City regulatory officials
upon demand.
.0506 .0510 An operator and/or on duty Responsible Employee shall be
responsible for the conduct of all employees while they are on the licensed
premises. All persons found working in the massage establishment shall be
considered employees of the operator, including independent contractors and
unpaid volunteers. Any act or omission of any employee constituting a violation of
the provisions of this chapter shall be deemed the act or omission of the operator for
purposes of determining whether the operator's permit shall be revoked, suspended,
denied or renewed.
.0507 .0511 No operator or Responsible Employee shall employ any person
as a massage technician who does not have a valid massage technician permit from
the City CAMTC issued prior to the adoption of this Ordinance No. 6245
___________or CAMTC certificate. Every operator or Responsible Employee shall
report to the Planning Director any change of employees, whether by new or
renewed employment, discharge or termination, on the form and in the manner
required by the Planning Director. The report shall contain the name of the
employee and the date of hire or termination. The report shall be made within five
(5) days of the date of hire or termination. The operator shall deliver the permit and
photo identification card issued pursuant to this section of any massage technician
no longer employed by the operator to the Planning Director within five (5) days. If
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the new employee is a massage technician, the operator shall deliver a copy of the
new technician’s photo identification card and CAMTC certificate to the Planning
Director within five (5) business days.
.0508 .0512 All persons employed in the massage establishment shall be
fully clothed at all times. Clothing shall be of a fully opaque, non-transparent
material, and shall provide complete covering from mid-thigh to three (3) inches
below the collar bone.
.0509 .0513 The operator and/or on duty Responsible Employee shall
maintain a register of all employees, showing the name, nicknames and aliases used
by the employee, home address, age, birth date, gender, height, weight, color of hair
and eyes, telephone numbers, social security number, date of employment and
termination, if any, and duties of each employee. The above information on each
employee shall be maintained in the register on the premises for a period of two (2)
years following termination. The operator and/or Responsible Employee on duty
shall make the register of employees available immediately as soon as reasonably
possible for inspection by the City’s Police Department and Code Enforcement
Division upon demand of a representative of the police department at all reasonable
times.
0514 No massage establishment may be located within a radius of 500 feet
of another massage establishment, as measured in a straight line, from the nearest
point of the premises where said massage establishment is conducted to the nearest
property line of any lot or legal parcel upon which a massage establishment is
proposed to be located. If two or more massage establishments are located within
500 feet of each other on ________ [Insert the effective date of this ordinance], the
massage establishment first established and continuously and lawfully operating at
such location shall be deemed the use conforming to the locational requirement of
this paragraph .0514, and the later established use(s) shall be deemed
nonconforming to the locational requirement. No nonconforming massage
establishment shall be increased, enlarged, extended or altered in size or area.
.0515 If a nonconforming massage establishment becomes vacant and
remains unoccupied for a continuous period of sixty (60) days or more, the
Planning Director shall determine and notify the owner of the massage
establishment in writing that the nonconforming use has been discontinued and the
nonconforming use may not be renewed or reestablished.
.0510 .0516 The operator shall comply with all provisions of this chapter
and any applicable provisions of this Code.
.060 Massage Technician Permit.
No person shall perform or administer a massage, or advertise to provide massage
services in the City, unless such person has in effect a valid CAMTC certificate or
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was issued a valid massage technician permit by the City of Anaheim prior to the
adoption of this Ordinance No. 6245___________.
.070 Massage Technician Requirements.
All massage technicians shall comply with the following conditions:
.0701 Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, massage technician aide, or employee shall
massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any
female patron. No massage technician, massage technician aide or employee, while
performing any task or service associated with the massage business, shall be
present in any room with another person unless the person’s genitals, gluteal fold,
anus, or in the case of a female, her breast(s) are fully covered at all times.
.0702 No massage technician shall massage any patron unless the person's
genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully
covered at all times while the technician or other employee is present in the same
room as the patron.
.0703 The massage technician shall wear or have on his or her person a
photo identification card prepared and issued by the CityCAMTC , if applicable, or
the California Massage Therapy Council at all times when present in the massage
establishment; such identification shall be provided to City regulatory officials upon
demand. The identification card shall be worn on outer clothing with the photo side
facing out. If a massage technician holding a permit issued by the City CAMTC
changes his or her business address, the technician must obtain a CAMTC
certification prior to offering massage services at the new business address.
, he or she shall, prior to such change, pay the appropriate fee and obtain
from the Planning Director a new photo identification card.
.0704 Massage technicians shall not perform any massage at any location
other than the location specified on the permit.
0705 While on duty, the massage technician shall not use any name other
than that specified on the photo identification card required by Section
18.16.070.070.0703 or issued by the California Massage Therapy Council.
.0706 Massage attendants shall be fully clothed at all times. Clothing shall
be of a fully opaque, non-transparent material and provide complete covering from
mid-thigh to three (3) inches below the collar bone. Additionally, massage
attendants shall not dress in the following manner while engaging in the practice of
massage or while visible to clients in a massage establishment:
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.01 In attire that is transparent, see-through, or substantially exposes
the massage technician’s undergarments.
.02 In swim attire.
.03 In a manner that exposes the massage technician’s specified
anatomical parts, as defined by Section 18.54.020.
.04 In a manner that constitutes a violation of Section 314 of the
Penal Code.
.05 In a manner that is otherwise deemed by CAMTC to constitute
unprofessional attire based on the custom and practice of the profession in
California.
.0707 The massage technician consents to the inspection of the massage
establishment by the City’s Code Enforcement Division, Building and Safety
Division, Fire Department and Police Department, and the Health Department, and
any other regulatory or governmental agency with regulatory oversight related to
massage technicians, massage establishments, or any aspects of the premises or
business, for the purpose of determining that the provisions of this chapter or other
applicable laws or regulations are met. The massage technician consents to the
inspection of the occupied massage rooms by the Police Department for the purpose
of determining that the provisions of this chapter are met upon occurrence of any of
the conditions described in Section 18.16.070.080.0802.1214 which would require
the posting of the Notice to All Patrons.
.0708 No massage technician shall advertise services that would constitute
a violation of any requirements of this chapter.
.080 Requirements of Operation.
.0801 Facilities.
.01 Windows. The storefront windows of the massage establishment
shall be transparent to provide clear visibility into the reception area of the unit.
The windows shall not be obscured by curtains, blinds, tint, or other temporary
devices during operating hours.
.01 .02 Signs. All exterior signs identifying the premises as a
massage establishment shall comply with the sign requirements of the City. Each
operator and/or on duty Responsible Employee shall display the operator's permit in
a conspicuous public place in the lobby of the massage establishment. The hours of
operation must be posted in the front window and clearly visible from the outside.
The operator and/or on duty Responsible Employee must also post, on a daily basis
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in a conspicuous public place in the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on-duty massage technicians
.02 .03 Services List. Each operator shall post and maintain a list of
services available and the cost of such services in a conspicuous public place within
the premises. No operator or responsible managing employee, shall permit, and no
massage technician shall offer or perform, any service other than those posted. No
services that would constitute a violation of this Chapter or any other law shall be
posted.
.03 .04 Lighting. Each operator shall provide in each room where
massage is given sufficient lighting and ventilation that complies with the Uniform
Building Code. The lighting in each massage room shall be at least one (1) forty
(40) watt white light bulb and shall be activated at all times while the patron is in
such room or enclosure. No strobe flashing lights shall be used. No colored lights
shall be used nor shall any coverings be used which change the color of the primary
light source.
.04 .05 Restroom Facilities. A minimum of one (1) toilet and one (1)
separate wash basin shall be provided for patrons in each massage establishment,
which basin shall provide soap and hot running water at all times and shall be
located within close proximity to the area devoted to the performing of massage
services. A permanently installed soap dispenser, filled with soap, and a single
service towel dispenser shall be provided at the restroom handwash sink. No bar
soap shall be used. A trash receptacle shall be provided in each restroom. No
bathtubs shall be allowed.
.05 .06 Separate Rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms shall be
provided for male and female patrons. Separate massage rooms shall be provided
for couples massage if offered at a massage establishment. Rooms providing
couples massage shall be separated from all other rooms and areas of the massage
establishment by an opaque door, such that no activities occurring within a room
offering couples massage are visible to other patrons of the massage establishment.
.06 .07 Maintenance. All facilities for the massage establishment
must be in good repair and shall be thoroughly cleaned and sanitized each day the
business is in operation. All walls, floors and ceilings of each restroom and shower
area shall be made smooth and easily cleanable. No carpeting shall be installed in
any of these areas.
.07 .08 Massage Table or Chair. A massage table or chair shall be
provided in each massage room and the massage shall be performed on this
massage table or chair. The tables should have a minimum height of eighteen inches
(18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a
maximum width of four feet (4') may be used on a massage table and must be
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covered with durable, washable plastic or other waterproof material. Beds, floor
mattresses and waterbeds are not permitted on the premises.
.09 If an establishment is proposing the use of table showers in the
facility, the entire massage room where the table shower is located shall be
designed and built as a shower facility. The floor and walls shall be designed and
built to be waterproof per California Building Code requirements and the room
shall drain properly per the California Building Code.
.0802 Operations.
.01 Equipment. Each operator and/or on duty Responsible Employee
shall provide and maintain on the premises adequate equipment for disinfecting and
sterilizing instruments used in massage.
.02 Inspections. The operator and/or on duty Responsible Employee
consents to the inspection of the massage establishment by the City’s Building and
Safety Division, Code Enforcement Division, Fire Department and Police
Department and the County Health Department for the purpose of determining that
the provisions of this chapter or other applicable laws or regulations are met.
(a) The City’s Building and Safety Division, Code
Enforcement Division, Fire Department and Police Department and the County
Health Department may, from time to time, make an unannounced inspections of
each massage establishment for the purpose of determining that the provisions of
this chapter, State law or other applicable laws or regulations are met. Routine
inspections shall not occur more than twice a year, unless violations are found or
complaints are received. Criminal investigations may be conducted as directed by
the Chief of Police. The Police Department may inspect the occupied massage
rooms for the purpose of determining that the provisions of this section are met
upon occurrence of any of the conditions described in Section
18.16.070.080.0802.1214 which would require the posting of the Notice To All
Patrons. During an inspection, the Police Department may verify the identity of all
on-duty employees.
(b) Inspections of the massage establishment shall be
conducted during business hours.
(c) A person who operates a massage establishment or his or
her agent, servant or employee commits a violation of this chapter if he or she
refuses to permit a lawful inspection of the premises by a representative of the
Building and Safety Division, Code Enforcement Division, Fire Department, or
Police Department, Health Department, and any other regulatory or governmental
agency with regulatory oversight related to massage technicians, massage
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establishments, or any aspects of the premises or business, at any time it is
occupied or open for business.
.03 Linen. Common use of towels or linen shall not be permitted.
Towels and linen shall be laundered or changed promptly after each use. Separate
enclosed cabinets shall be provided for the storage of clean and soiled linen and
shall be plainly marked “clean linen” and “soiled linen” and shall have doors or
covers. Only full-size bath towels or sheets shall be used in the massage process.
.04 Residing in Establishment Prohibited. No person or persons shall
be allowed to live, reside or dwell inside the massage establishment at any time. No
food of any kind shall be prepared for sale or sold in the establishment unless an
appropriate food vending permit is granted by the County of Orange.
.05 Alcoholic Beverages/Drugs. No person shall enter, be in, or
remain in, any part of a massage establishment licensed under this chapter while in
possession of, consuming, using or under the influence of, any alcoholic beverage
or controlled substance. The owner, operator and Responsible Employee shall be
responsible to ensure that no such person shall enter or remain upon the massage
establishment. Alcoholic beverages may not be sold, served, furnished, kept,
consumed, imbibed, or possessed on the premises. Service of alcoholic beverages
shall not be permitted.
.06 Recordings. No electrical, mechanical or artificial device shall be
used by the operator or any employee of the massage establishment for audio and/or
video recording or for monitoring the performance of a massage, or the
conversation or other sounds in the massage rooms without the knowledge and
consent of the patron.
.07 Roster. The owner, operator or on-duty Responsible Employee of
the massage establishment shall keep a complete and current list of the names and
residence addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the Responsible Employee
purported to be principally in charge of the operation of the massage establishment.
This roster shall be kept on the massage establishment premises and be available for
immediate inspection by officials charged with enforcement of this section.
.08 Minimum age. No person shall give, or assist in giving, any
massage to any other person under the age of eighteen (18) years, unless the parent
or guardian of the minor person has consented thereto in writing.
.09 Record. Every massage establishment shall keep a written record
of the date and hour of each treatment administered, the name and telephone
number of each patron, the name of the massage technician administering treatment,
and the type of treatment administered, to be recorded on a patron release form.
Such written record shall be open to inspection by officials charged with
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enforcement of this chapter, as authorized by law or court order. Such records shall
be kept on the premises of the massage establishment for a period of two (2) years.
.08 .10 Coverings. Each massage establishment shall provide to all
patrons clean, sanitary and opaque coverings capable of covering the patrons'
genitals, gluteal fold, anus and female breast(s). No common use of such coverings
shall be permitted and re-use is prohibited unless laundered or otherwise sanitized
between each use.
.09 .11 Hours of operation. The owner must advise the City, in
writing, at the time of the application for a permit of the business hours and,
thereafter, of any changes in such hours. No person shall operate a massage
establishment or administer a massage in any massage establishment between the
hours of 1210:00 p.m. midnight and 6:00 a.m. A massage begun any time before
12:0010:00 p.m. midnight must terminate at or before 1210:00 midnightp.m.. All
customers, patrons and visitors shall be excluded from the massage establishment
during these hours and be advised of these hours. The hours of operation must be
displayed in a conspicuous public place in the lobby within the massage
establishment and in the front window clearly visible from the outside.
.10 .12 Advertising. No massage establishment granted a permit
under this chapter shall place, publish or distribute or cause to be placed, published
or distributed any advertising matter that depicts any portion of the human body that
would reasonably suggest to prospective customers or clients that any service is
available other than those services described in this chapter, nor shall any massage
establishment employ language in the text of such advertising that would
reasonably suggest to a prospective patron that any service is available other than
those services authorized by this chapter, or that services are available that would
constitute a violation of any laws.
.11 .13 Doors. All front, reception, hallway or front exterior doors
(except back or rear exterior doors used for employee entrance to and exit from the
massage establishment) shall be kept unlocked during business hours. A massage
establishment may lock its exterior doors during business hours if the establishment
is owned by one individual with one or no employees. No massage may be given
within any cubicle, room, booth or any area within a massage establishment which
is fitted with a door capable of being locked, unless the only door is an exterior
door.
.12 .14 Notices. The Chief of Police Planning Director may require
that the following notice be posted in the event that any employee of the massage
establishment or any person who has been aided and abetted by an employee of the
massage establishment has been found, after full hearing by administrative
proceeding or court conviction, to have violated any of the provisions listed in
Sections 18.16.070.40 and 18.16.070.070:
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NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT
PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY
THE ANAHEIM POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING
AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT
PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by
the Chief of PolicePlanning Director.
(b) The notices shall be conspicuously posted in a location
within the massage establishment that are easily visible to any person entering the
premises and in each massage room. The notice shall be so posted for twelve (12)
months following the determination of any such violation, or date of conviction, of
any of the offenses set forth above.
(c) The requirement for posting the notice described in this
Section is cumulative and in addition to all other civil and criminal remedies and
penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of
the City of Anaheim, County of Orange and the State of California.
.090 Change of Business.
.0901 Every massage establishment operator shall report immediately to the
Planning Director any and all changes of ownership or management of the massage
establishment, including, but not limited to, changes of Responsible Employee or
other person principally in charge, stockholders holding more than five percent
(5%) of the stock of the corporation, officers and directors of the corporation,
partners of the partnership, including limited partners and all changes of name, style
or designation under which the business is to be conducted, and all changes of
address or telephone numbers of the massage business. A change of location of any
of the premises may be approved by the Chief of Police provided there is
compliance with all applicable regulations of the City.
.0902 No massage operator’s permit may be sold, transferred or assigned by
a permittee, or by operation of law, to any other person or persons. Any such sale,
transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to
constitute a voluntary surrender of such permit and such permit shall thereafter be
null and void; provided and excepting, however, that if the permittee is a
partnership and one or more of the partners should die, one or more of the surviving
partners may acquire, by purchase or otherwise, the interest of the deceased partner
or partners without effecting a surrender or termination of such permit, and in such
case, the permit, upon notification to the Planning Director, shall be placed in the
name of the surviving partners. A massage operator’s permit issued to a corporation
shall be deemed terminated and void when five percent (5%) or more of the stock of
the corporation is sold, transferred or assigned after the issuance of a permit. No
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massage technician permit may be sold, transferred or assigned by a permittee, or
any operation of law, to any other person or persons.
.0903 If a massage establishment ceases operation due to any violation of
this Chapter, no new massage establishment may be established at the same location
for twenty four (24) months from the date the massage establishment ceases
operating.
.100 Exemption; Existing Permittees.
.1001 The requirements of this chapter shall have no application and no
effect upon, and shall not be construed as applying to, any persons designated as
follows:
.01 State licensed physicians, surgeons, chiropractors, physical
therapists, osteopaths, or any registered nurse working on the premises of, and
under the direct supervision of, a State licensed physician, surgeon, chiropractor or
osteopath. Practical nurses, licensed vocational nurses, acupuncturists or other
persons without qualifications as massage technicians and without first obtaining a
massage technician permit CAMTC certificationpursuant to this chapter, whether
employed by physicians, surgeons, chiropractors or osteopaths or not, may not give
massage or massage procedures.
.02 Barbers, estheticians, and beauticians who are duly licensed
under the laws of the State of California while engaging in the practices within the
scope of their licenses, except that this exception shall apply solely to the
massaging of the neck, face, scalp, hands, feet and hair of the customer or client.
.03 Persons administering a chair massage as defined in this chapter,
provided that the Planning Director receives a letter from the property or business
owner of the location where the chair massage is to be administered stating
his/her/its knowledge and approval of the chair massage, the location where the
chair massage will take place, the dates and hours the chair massage will be
conducted, the identity of the person (s) administering the chair massage and that
only a recognized massage chair will be used.
.04 Accredited high schools, junior colleges, colleges, or universities
whose coaches and certified athletic trainers are acting within the scope of their
employment.
.05 Certified athletic trainers of amateur, semiprofessional or
professional athletes or athletic teams while engaging in their training
responsibilities for and with athletes; and trainers working in conjunction with a
specific athletic event such as road races, track meets, triathlons, biathlons, or
similar single occurrence athletic or recreational events.
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.06 Hospitals, nursing homes, sanatoriums, or other health facilities
duly licensed by the State of California.
.1002 Commencing on the effective date of this chapter, all permits are to be
issued in accordance with the provisions of this chapter.
.110 Transfer and Duration of Permits.
.1101 No permit issued hereunder shall be transferable to any other person
or establishment.
.1102 It shall be the responsibility of the operator to ensure that all
technicians conducting massage on the premises are continually licensed by the
CAMTC. The operator shall be required to show evidence that massage technicians
operating within their facility hold a valid CAMTC certificate at the time of
business license renewal.
.1103 No permit granted herein shall confer any vested right to any person
or business for more than the permit period. All massage operators, Responsible
Employees and technicians subject to this chapter shall comply with the provisions
of this chapter as they may be amended hereafter.
.120 Violation and Penalty.
.1201 Violations of this chapter shall constitute a misdemeanor and shall be
punishable in the manner provided in Section 1.01.370.
.1202 Any massage establishment operated, conducted or maintained
contrary to the provisions of this chapter shall be, and the same is hereby declared
to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may,
in addition to or in lieu of prosecuting a criminal action hereunder, commence an
action or actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law, and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief
as will abate or remove such massage establishments and restrain and enjoin any
person from operating, conducting or maintaining a massage establishment contrary
to the provisions of this chapter.
SECTION 4.
That Table 20-A (Primary Uses: Platinum Triangle Mixed Use Overlay Zone) of
Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby amended in part to read as follows:
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Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY
ZONE*
*Does not apply to the Office
District; see subsection
18.20.030.010 for Office District
uses.
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Personal Services–
General P GF
On-site dry cleaning not allowed; conditional use
permit required for laundromats; laundromats are
subject to § 18.38.150. Massage subject to
§18.16.070 except massage not permitted within
Live/Work Units.
SECTION 5
That Section 3.32.09018.24.070 (Massage Establishment and Massage
OperatorsNeighborhood Commercial District and Neighborhood Commercial-
Mixed District) of Chapter 3.3218.24 (Miscellaneous Business ActivitiesSouth
Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 3 18 (Business
LicensesZoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full in part as follows:
18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL-
MIXED DISTRICT.
Within the area designated as a Neighborhood Commercial District or the Neighborhood Commercial-
Mixed District, the provisions of Chapter 18.08 (Commercial Zones) for the Neighborhood Center
Commercial ("C-NC") Zone shall apply, except as otherwise specified.
.010 In addition to the uses permitted by the underlying zone or prohibited by this chapter, the following
buildings, structures and uses, either singly or in combination, are permitted:
.0101 Development of mixed commercial uses with residential units above the first floor on a single
site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, except as amended by
this chapter. For projects with mixed residential and commercial uses, CC&Rs shall be prepared for each
project. Massage establishments shall not be permitted within Live/Work Units.
.0102 Development of mixed commercial uses with senior citizen apartments above the first floor on a
single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, and Chapter
18.50 (Senior Citizens Apartment Projects), except as amended by this chapter.
.0103 Development of Boulevard Residential uses in conformance with Section 18.24.060.
.0104 Alcoholic Beverage Manufacturing uses in conformance with Section 18.38.025 (Alcoholic
Beverage Manufacturing) on properties located on the east side of Anaheim Boulevard between Broadway
and Ellsworth Avenue whose underlying zoning is “I” (Industrial).
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SECTION 6.
That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030
(Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of
the Anaheim Municipal Code be, and the same is hereby amended in part to read as
follows:
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Personnel Services–
General P
Massage subject to §18.16.070 except
massage not permitted within Live/Work
Units.
SECTION 7.
That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section
18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use [DMU] Overlay Zone) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended in part to read as
follows:
Table 30-A
PRIMARY USES: DOWNTOWN
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Personal Services–General P/N
On-site dry cleaning and laundromats are not
allowed. Massage subject to §18.16.070 except
massage not permitted within live/work units.
SECTION 8.
That Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to change
the following definition:
“Massage Establishment.” Any business conducted within the City where any person,
firm, association, partnership, corporation, or combination of individuals engages in,
conducts, carries on or permits to be conducted or carried on, for money or any other
consideration, administration to another person of a massage, bath or health treatment
involving massages or baths, including foot massages. For hotels and motels, the massage
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establishment may include common areas on the hotel premises such as the pool area
when the massage is conducted by licensed massage technicians in accordance with the
massage establishment permit issued for the hotel or motel. Mobile massage operations
are not included within this definition and are not permitted within the City.
SECTION 9.
That Section 18.92.210 ("R" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to delete
the following definition:
"Recognized School of Massage." Any school or institution of learning which
teaches, through State certified instructors, the theory, ethics, practice, profession, or work of
massage, which school or institution complies with the California Education Code section 94310
or 94311, and which requires a resident course of study before the student shall be furnished with a
diploma or certificate of graduation. Schools offering a correspondence course not requiring actual
attendance shall not be deemed a recognized school of massage.
SECTION 10.
That Section 18.108.050 040 (Development Standards) of Chapter 18.108 (Festival
Specific Plan No. 90-1 [SP 90-1] Zoning and Development Standards) of Title 18 (Zoning) of the
Anaheim Municipal Code be, and the same is hereby, amended to ___________:
.020 General Standards. Except as otherwise specifically set forth herein, the standards of the
Scenic Corridor Overlay Zone shall apply. The use, building and structural height, setback,
improvement of setback, landscaping and roof projection requirements set forth in this subsection
18.108.04018.108.040.020 shall apply in each of the four development areas, unless otherwise
stated therein.
(a) Permitted Uses. Uses listed as permitted accessory uses and permitted temporary uses in
Section 18.08.030 (Uses) for the C-NC Neighborhood Center Commercial Zones in Chapter
18.08 (Commercial Zones) and the following and substantially similar uses shall be permitted
in all development areas:
1. Antique shop;
2. Automobile rental agencies (office only, with no on-site car display or car storage);
3. Bakery;
4. Barber/beauty shops;
5. Bicycle shops;
6. Book stores;
7. Bowling, pool or billiard centers;
8. Broadcasting studio;
9. Business offices/agencies;
10. Candy stores;
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11. Carpet and rug sales and installation;
12. Catering establishments;
13. China and glassware stores;
14. Cigar and smoke shops;
15. Clothing or apparel stores;
16. Commercial retail centers;
17. Conservatoire studios;
18. Convenience food stores (not in connection with gasoline sales);
19. Curtain and drapery shops;
20. Department stores;
21. Drug stores;
22. Electrical equipment sales and repair shops;
23. Fabric shops;
24. Fast food restaurants – Development Areas 1 and 2: two (2) drive-throughs
maximum, one (1) on Pad D and one (1) on another pad in Development Area 1 or
2, and an additional seven thousand five hundred (7,500) square feet maximum of
fast food space in the main tenant area of Development Areas 1 and 2;
25. Financial institutions with walkup windows/ automatic teller machines;
26. Financial institutions with drive-through: Maximum of three (3) in Development
Areas 1 and 2. To be located on Pad E and on two (2) other pads in Development
Area No. 1 or 2;
27. Floor covering shops;
28. Florists;
29. Furniture stores;
30. Health spas and physical fitness centers up to four thousand (4,000) square feet;
31. Hobby shops;
32. Home improvement stores;
33. Interior decorators;
34. Jewelry stores;
35. Dry cleaning services;
36. Leather goods and luggage stores;
37. Liquor stores;
38. Locksmiths;
39. Massage Establishments subject to Section 18.16.070;
3940. Meat markets;
4041. Medical/dental offices;
4142. Musical instrument sales and repair shops;
4243. Music stores;
4344. Newspaper and magazine stores;
4445. Office business machine and computer component stores;
4546. Optical and optometrical offices/shops;
4647. Paint, glass and wallpaper stores;
4748. Pinball and electronic game arcades (pursuant to an arcade permit);
4849. Record, tape and video stores;
4950. Rental services;
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5051. Reproduction service businesses, including but not limited to, messenger services,
wire services, blueprinting, drafting, job printing, microfilming, etc.;
5152. Retail supply stores, including but not limited to, vehicle accessories and parts,
books, hardware, pet shops, photographic, sporting goods, tobacconists, toys,
yardage, etc.;
5253. Secretarial or answering services;
5354. Shoe stores;
5455. Sit-down restaurants, with or without alcohol;
5556. Specialty food stores, such as delicatessens, cookie stores, yogurt shops and
other specialized retail food stores;
5657. Supermarkets, markets and groceries;
5758. Travel agencies;
5859. Typewriter sales and service;
5960. Veterinary clinics, non-boarding; and
6061. Watch and clock sales and repair shops.
SECTION 11. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 12. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 13. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and
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adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING VARIOUS CHAPTERS OF TITLE 3 AND
TITLE 18 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO THE LICENSING, SITING AND
OPERATION OF MASSAGE ESTABLISHMENTS
AND FINDING AND DETERMINING THAT THIS
ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND
15060(C)(3) OF THE STATE CEQA GUIDELINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT AND
IS NOT A PROJECT, AS DEFINED IN SECTION 15378
OF THE CEQA GUIDELINES.
WHEREAS, pursuant to the will of the electorate as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim (“City Council”)
has the authority to enact and enforce ordinances and regulations for the public peace, morals and
welfare of the City and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the “State CEQA
Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental
documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it
will not result in a direct or reasonably foreseeable indirect physical change in the environment and
is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and
WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the California
Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over
the certification of massage technicians and practitioners throughout the State of California; and
WHEREAS, Senate Bill 731 also limited the City’s regulatory authority over massage
establishments that exclusively hire State-certified massage technicians, preempting most local
licensure and permitting requirements and land use regulations; and
WHEREAS, the City amended the Anaheim Municipal Code (“AMC”) to comply with the
regulations set forth in Senate Bill 731; and
ATTACHMENT NO. 2
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WHEREAS, Senate Bill 731 has been widely criticized by local agencies as providing
massage businesses with almost unprecedented protection from local zoning and land use
authority, and interfering with local law enforcement efforts to close massage businesses that allow
prostitution and other illegal activities; and
WHEREAS, prior to the passage of Senate Bill 731, there were approximately 10 massage
establishments operating in the City. Following the passage of Senate Bill 731, a total of 68
massage establishments have now located in the City; and
WHEREAS, the increased number of massage establishments that have located in the City
have resulted in an increase of police and code enforcement calls and services to many of those
massage establishments. Some of those establishments are suspected of allowing sexually explicit
activity to occur on the premises, including prostitution; and
WHEREAS, during City inspections of existing massage establishments, City inspectors
have found violations including illegal tenant improvements to create massage rooms, including
plumbing for table showers; unauthorized massage technicians and personnel; violations of
employment and labor laws, including establishments’ failure to secure worker’s compensation
insurance; unsanitary facility conditions, including unwashed sheets, trash, and used contraceptive
devices; massage technicians dressed inappropriately, including the exposure of specified
anatomical parts; establishments operating beyond approved hours of operation; persons using the
establishments as a residence, installation of illegal signage; and employees refusing to allow City
inspections of the establishments; and
WHEREAS, the violations noted above are harmful for the establishment patrons,
employees, and the public generally as they require additional enforcement hours by code
enforcement and police officers; and
WHEREAS, there is evidence in other jurisdictions that massage establishments serve as
fronts for prostitution or human sex trafficking. The potential for criminal and unsafe activity at
massage establishments is particularly concerning given that some massage establishments in the
City are located within proximity to places where families congregate, such as restaurants and
shopping areas; and
WHEREAS, law enforcement action in other jurisdictions to investigate and identify such
criminal activity at massage parlors have, in many cases, exposed criminal activity to occur
outside normal business hours; and
WHEREAS, increased visibility into storefronts creates a sense of safety for customers and
passersby, encourages transparent business operations, and better enables code enforcement and
policing efforts, while decreased visibility into storefronts may serve as a cover for criminal or
unsafe activity described above; and
WHEREAS, evidence from other jurisdictions, as well as experience in the City has shown
that there is a higher probability for illicit activities and negative secondary effects resulting from
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massage establishments, including prostitution and human trafficking, when multiple
establishments are located in the same shopping center or in close proximity to each other. Such
proximity have been seen attract massage establishments, operators, and massage technicians that
are more likely to violate the law and engage in illicit activities. Moreover, the City has an interest
in supporting and encouraging a diversity and mix of commercial uses in a given shopping center
or area; and
WHEREAS, motels have been shown to attract and enable criminal and unsafe activity
similar to that described above, including prostitution. Thus operation of a massage establishment
within a motel would augment the potential for such criminal or unsafe activity; and
WHEREAS, mobile massage operations (i.e., massage operations with mobile units or that
make house calls) attract the criminal and unsafe activity described above, but also present greater
hindrances to consumer protection and code enforcement due to the transient nature of the business
and operation of the business in customers’ homes and/or places of business; and
WHEREAS, individuals convicted in the last 10 years of criminal activity similar in nature
as described above have, by virtue of the conviction, demonstrated an inability to garner the
confidence necessary from of the City and the community to operate an massage establishment in a
manner that conforms to the law and contributes to the economy; and
WHEREAS, code enforcement and policing efforts in other jurisdictions have found that
illegal massage operations that are shut down are often replaced by similar illegal massage
operations in the same location. There are significant affects from allowing illegal massage
operations to remain at a given site. Impacts include decreased consumer confidence in the legal
operation of future massage establishments at the site, decreased consumer confidence in the
neighboring businesses, and confusion among customers regarding the any connection between the
closed illegal operation and a new legal operation, and detrimental effects on all surrounding
businesses; and
WHEREAS, the illicit and illegal activities detailed in the above recitals at massage
establishments in the City pose health and safety threats to the establishments, its operators,
employees, patrons, surrounding businesses, and the public; and
WHEREAS, Assembly Bill 1147 was created in response to criticism against Senate Bill
731 and allows local agencies to impose reasonable zoning, business licensing, and health and
safety requirements on massage establishments. Assembly Bill 1147 went into effect on January
1, 2015; and
WHEREAS, the City wishes to amend the Anaheim Municipal Code to ensure that the City
regulates massage establishments in compliance with the provisions of Assembly Bill 1147; and
WHEREAS, the City is also authorized by Government Code Section 51030 et seq., to
regulate massage establishments by imposing reasonable standards relative to the skill and
experience of massage operators and massage technicians, and reasonable conditions on the
operation of the massage establishments; and
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WHEREAS, the public peace, health, safety, and welfare require revisions to AMC
ordinances relating to massage establishments and massage technicians to ensure that nuisance
activities occurring at massage establishments in the City are properly regulated and cease; and
WHEREAS, the fees required by the ordinance have been studied and generated in
conformance with the California Mitigation Fee Act (Cal. Gov’t Code §§ 66000 et seq.); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed Zoning
Code Amendment _______ at a regular meeting on ____________, 2016, in accordance with
AMC Section _____________, and recommended that the City Council approve Zoning Code
Amendment ___________and approve this Ordinance; and
WHEREAS, the City Council conducted a public hearing on the proposed Zoning Code
Amendment __________ at a regular meeting on ________, 2016, in accordance with AMC
Section ____________; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the local
police power and in accordance with the public purposes and provisions of applicable State and
local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
The Anaheim City Council hereby finds and determines that the above recitals are true and
correct and incorporated herein.
SECTION 2.
Section 3.32.090 (Massage Establishment and Massage Operators) of Chapter 3.32
(Miscellaneous Business Activities) of Title 3 (Business Licenses) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
3.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS.
Every person who operates or maintains a massage establishment for which a
massage establishment operator’s permit is required pursuant to Chapter 18.16 of
this Code, and every person who engages in the business of providing, conducting,
administering or carrying on any kind or character of massage (other than as the
employee of a massage establishment for which a massage establishment operator’s
permit is required pursuant to Chapter 18.16 of this Code), shall pay an annual
business license fee of three hundred dollars ($300). This section shall not apply to
those persons who are otherwise exempt from the permit requirements set forth in
Chapter 18.16 of this Code.
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SECTION 3.
Section 18.16.070 (Massage Establishments) of Chapter 18.16 (Regulatory Permits) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and
restated to read in full as follows:
18.16.070 MASSAGE ESTABLISHMENTS.
.010 Purpose and Intent.
It is the purpose and intent of this section to provide for the orderly regulation of
massage establishments and their massage technicians and employees in the City.
.020 Operator’s Permit Required.
No person shall operate a massage establishment within the City without first
obtaining an operator’s permit pursuant to Sections 18.16.070.030 and
18.16.070.040 of this chapter. The operator’s permit required by this section shall
be in addition to any business license required by this Code. Mobile massage
operations are not permitted within the City. All massage activities must occur
within a massage establishment as permitted by this chapter. Massage facilities are
prohibited within Motels as defined in Section 18.92.160 except as permitted in
Chapter 18.114 Disneyland Resort Specific Plan No. 92-1, Chapter 18.116
Anaheim Resort Specific Plan No. 92-2 and Chapter 18.118 Hotel Circle Specific
Plan No. 93-1.
.030 Application for Operator’s Permit.
Any person desiring an operator’s permit for a massage establishment shall file a
written application on the required form with the Planning Director who shall refer
all such applications to the Chief of Police who shall conduct an investigation. The
application shall be accompanied by the appropriate filing fee established by
resolution of the City Council. The application shall be completed and signed by the
owner of the proposed massage establishment, if a sole proprietorship; one general
partner, if the owner is a partnership; one officer or one director, if the owner is a
corporation; and one participant, if the owner is a joint venture. The application for
permit does not authorize operation of a massage establishment unless and until
such operator’s permit has been approved as provided in Section 18.16.070.040 of
this section. The application shall be deemed complete if it contains or is
accompanied by the information required as identified below and in the application
approved by the Planning Director.
.0301 The applicant corporation or partnership shall designate one of its
officers or general partners to act as its responsible managing officer for purposes of
operating the massage establishment on behalf of the corporation or partnership.
Such designated person shall complete and sign all application forms required for
an individual applicant under this section, but only one application fee shall be
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charged. Such responsible managing officer must at all times meet all of the
requirements set forth in this section, or the operator’s permit shall be suspended
until a responsible managing officer who meets all such requirements is designated.
If no such person is named within ninety (90) days, the operator’s permit shall be
deemed canceled and a new application for an operator’s permit, accompanied with
the appropriate filing fee, must be filed. The managing officer may be different
from the Responsible Employee of the massage establishment defined in Section
18.92.210 of this Title.
.0302 The present or proposed address where the business is to be
conducted.
.0303 The type of ownership of the business (i.e., sole proprietorship,
partnership, corporation, etc.).
.0304 The exact name, including any fictitious name, if applicable, under
which the business is to be operated.
.0305 A detailed description of all services to be provided at the massage
establishment. If the list of services required to be posted pursuant to Section
18.16.070.080.0801.02 of this chapter is to be in any language other than English,
such list must accompany the application for the operator's permit. Any changes to
such list after the issuance of the operator’s permit must be submitted to the
Planning Director within ten (10) days after such changes are made.
.0306 If applicable, a copy of the California Massage Therapy Council
(“CAMTC”) certificate and photo identification issued to the Applicant by the
California Massage Therapy Council pursuant to Section 4600, et seq. of the
California Business and Professions Code. If applicable, the expiration date of the
CAMTC certificate must be indicated.
.0307 A complete list of the names, including any pseudonym, alias(es),
alternate name(s), or nickname(s), and residential addresses of all massage
technicians, employees, independent contractors and attendants in the business; the
name and residential address of the Responsible Employee principally in charge of
the operation of the business; and the names and residential addresses of all
principals of the business.
.0308 A copy of the CAMTC certificate and photo identification issued by
the California Massage Therapy Council pursuant to Section 4600, et seq., of the
California Business and Professions Code for each person or employee of the
Massage Establishment that will provide massage services. If applicable, the
expiration date of the CAMTC certificate held by each person or employee of the
Massage Establishment that will provide massage services must be indicated.
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.0309 The name and address of the record owner of the real property upon
or in which the massage establishment is to be conducted. If the applicant does not
own the lot or parcel on which the massage establishment will operate, the owner
shall consent to the filing of the application by signing and dating the application,
and the applicant shall provide a notarized copy of the lease or rental agreement.
.0310 A sketch or diagram showing the complete interior configuration of
the business, including without limitation the location of the restrooms, massage
rooms, customer areas, employee only designated areas, and any facility
requirements as identified in Section 18.16.080.0801. The sketch or diagram need
not be professionally prepared, but it must be drawn to a designated scale, with
marked dimensions of the interior of the premises to an accuracy of plus or minus
twelve inches.
.0311 Written authorization for the City, its agents, and employees to seek
verification of the information contained in the application.
.0312 If the applicant is an individual he/she shall sign the application
under penalty of perjury that all the information contained in the application is true
and correct. If the applicant is other than an individual, the responsible managing
officer shall sign the application under penalty of perjury that all the information
contained in the application is true and correct.
.0313 A signed notarized statement that the Responsible Employee shall be
responsible for the conduct of all employees, massage technicians and independent
contractors working on the premises of the massage establishment and that failure
to comply with California Business and Professions Code Section 4600 et seq., with
any local, state, or federal law, or with the provisions of this chapter or Title 20 may
result in the revocation of the City-issued permit.
.0314 Such other identification and information as may be necessary and
required by the City in its sole discretion to verify the truth of the matters
hereinabove specified as required to be set forth in the application.
.0315 If, during the term of a permit, any of the information submitted on
the original or renewal application changes, the operator or Responsible Employee
shall notify the Planning Director of such change within ten (10) business days
thereafter, in writing.
.0316 For any massage establishment in operation prior to the adoption of
Ordinance No. ______, a new written application for an operator’s permit for a
massage establishment required by section 18.16.070.030 above shall be filed with
the City and deemed complete pursuant to section 18.16.070.030 within six (6)
months of the effective date of Ordinance No. ______.
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.0317 The following additional information concerning the applicant shall
also be provided:
.01 The full name, date of birth, current residential address, business
address, and telephone numbers.
.02 Acceptable proof that the applicant is at least eighteen (18) years
of age.
.03 California driver’s license number or California identification
number, and social security number or resident alien number, if any.
.04 Any other names or aliases, including nicknames, used within
five years of the date of filing the application.
.05 Height, weight, color of hair and eyes, and gender.
.06 The applicant’s complete business, occupation and employment
history for five (5) years preceding the date of application, including, but not
limited to, the massage or similar business history and experience of the applicant.
.07 The complete permit history of the applicant including, but not
limited to massage or similar business; whether such person has ever had any
permit or license issued by any agency, board, city, county, territory or state; the
date of issuance of such a permit or license; whether the permit or license was
denied, revoked or suspended; or whether a vocational or professional license or
permit was denied, revoked or suspended, and the reason(s) therefor.
.08 All criminal convictions, including pleas of nolo contendere,
within the last ten (10) years, including those dismissed or expunged pursuant to
Penal Code Section 1203.4, but excluding minor traffic violations, and the date and
place of each such conviction and reason and sentence therefor.
.09 Whether the applicant has ever been convicted of any crime
specified in Government Code section 51032.
.10 A complete set of fingerprints taken by the Police Department.
.11 The name and address of any massage business or other
establishment currently owned or operated by the applicant wherein the business of
massage is conducted.
.035 Right to Privacy.
Notwithstanding the fact that an application filed hereunder may be a public record
under Government Code sections 6250 et seq., certain portions of such application
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contain information vital to the effective administration and enforcement of the
licensing scheme established herein which is personal, private, confidential, or the
disclosure of which could expose the applicant to a risk of harm. Such information
includes, but is not limited to, the applicant’s residence address and telephone
number, the applicant’s date of birth and/or age, the applicant’s driver’s license
and/or Social Security number, and/or personal financial data. The City Council in
adopting the application and licensing system set forth herein has determined in
accordance with Government Code section 6255 that the public interest in
disclosure of the information set forth above is outweighed by the public interest in
achieving compliance with this chapter by ensuring that the applicant’s privacy,
confidentiality, or security interests are protected. The City Manager shall cause to
be obliterated from any copy of a completed license application made available to
any member of the public, the information set forth above.
.040 Operator’s Permit Issuance and Denial.
Upon receipt of a written application for a permit, the Chief of Police shall conduct
an investigation to ascertain whether such permit should be issued as requested. The
Chief of Police shall, within thirty (30) business days of receipt of an application,
provide a recommendation to the Planning Director to approve or deny the
application. The Chief of Police shall recommend approval of the application unless
the Chief of Police makes any of the following findings:
.0401 The applicant, if an individual, or any of the officers or directors of
the corporation, if the applicant is a corporation; or a partner, if the applicant is a
partnership, or any person proposed to be or employed in the massage
establishment, has, within ten (10) years preceding the date of the application
either:
.01 Been convicted of a violation of California Penal Code Sections
236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316,
318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law
pursuant to which a person is required to register under the provisions of Penal
Code Section 290, or when the prosecution accepted a plea of guilty or nolo
contendere to a charge of a violation of California Penal Code Section 415 or any
lesser included or lesser related offense, in satisfaction of, or as a substitute for, any
of the previously listed crimes;
.02 Been convicted of a violation of Health and Safety Code Section
11550 or any offense involving the illegal sale, distribution or possession of a
controlled substance specified in Health and Safety Code Section 11054, 11055,
11056, 11057 or 11058;
.03 Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
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.04 Engaged in conduct in another jurisdiction which, if it had
occurred within the City, would constitute grounds for denial, suspension or
revocation of an operator's permit under this section;
.05 Been subjected to a permanent injunction against the conducting
or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the
California Penal Code, or any similar provisions of law in a jurisdiction outside the
State of California;
.06 Engaged in conduct which would constitute an offense as
described in subparagraph .01 above;
.07 Committed an act in another jurisdiction which, if committed in
this state, would have been a violation of law and, which, if done by a permittee
under this section, would be grounds for denial, suspension or revocation of the
permit;
.08 Been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the
qualifications, functions or duties of the operator;
.09 Had a massage operator permit, massage technician permit,
CAMTC certificate or other similar license or permit denied, suspended or revoked
for cause by a licensing authority or by any City, County, City and County or State.
.10 Employed or used massage technicians without valid CAMTC
certificates.
.0402 The applicant has made a false, misleading or fraudulent statement or
omission of fact to the City in the permit application process.
.0403 The application does not contain all of the information required by
Section 18.16.070.030.
.0404 The massage establishment, as proposed by the applicant, does not
comply with all applicable laws, including, but not limited to, health, zoning, fire
and safety requirements and standards.
.0405 The applicant has not satisfied the requirements of this Section
18.16.070 in the time specified.
.0406 If the application is denied due to a false, misleading or fraudulent
statement in the application, the applicant may not reapply for a period of six (6)
twenty-four (24) months from the date the application was denied.
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.050 Massage Establishment Operating Requirements.
Each operator and Responsible Employee of any Massage Establishment shall
comply with the following requirements:
.0501 Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician, or employee shall massage the genitals, gluteal
fold, or anal area, of any patron or the breast(s) of any female patron, nor shall any
operator or Responsible Employee of a massage establishment allow or permit such
massage. No massage operator or designated Responsible Employee while
performing any task or service associated with the massage business, shall be
present in any room with another person unless the person’s genitals, gluteal fold,
anus, or in the case of a female, her breast(s), are fully covered.
.0502 In no circumstance shall any owner, operator, responsible managing
employee, manager, licensee, employee or independent contractor expose any
specified anatomical parts, as defined by Section 18.54.020, to another person or
persons while at the massage establishment.
.0503 In no circumstance shall any specified sexual activities, as defined by
Section 18.54.020, take place at any time at the massage establishment.
.0504 No massage establishment employing a massage technician shall be
equipped with tinted or one-way glass in any room or office.
.0505 There shall be no display, storage, or use of any instruments, devices,
or paraphernalia which are designed for use in connection with specified sexual
activities, as defined by Section 18.54.020, including, but not limited to, all sex-
oriented material and merchandise as defined by Section 18.54.020 (I) and (J).
.0506 No person granted a permit pursuant to this section shall use any
name or conduct business under any designation not specified in his or her permit.
.0507 All massage establishments required to be licensed under this section
shall have a Responsible Employee on the premises at all times the massage
establishment is open. The operator of each massage establishment shall file a
statement with the Planning Director designating the person or persons with power
to act as a Responsible Employee. The operator and/or on duty Responsible
Employee shall post, on a daily basis, the name of each on duty Responsible
Employee and each on duty technician in a conspicuous public place in the lobby of
the massage establishment. The operator, or the Responsible Employee in the
operator’s absence, shall be responsible for ensuring compliance with this section.
.0508 No establishment shall be open for business without having a valid
operator’s permit and at least one on-duty massage technician holding a current
valid CAMTC certificate at all times when said establishment is open.
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.0509 The operator and/or designated Responsible Employee shall ensure
the massage establishment permit and the CAMTC certificate for each on-duty
massage technician, alongside a color copy of the corresponding technician’s
photograph is conspicuously displayed in a public place in the lobby and that each
massage technician is wearing or has on his or her person the photo identification
card required by Section 18.16.070.070.0703 or issued by the California Massage
Therapy Council at all times when in the massage establishment. Such
identification shall be provided to City regulatory officials upon demand.
.0510 An operator and/or on duty Responsible Employee shall be
responsible for the conduct of all employees while they are on the licensed
premises. All persons found working in the massage establishment shall be
considered employees of the operator, including independent contractors and
unpaid volunteers. Any act or omission of any employee constituting a violation of
the provisions of this chapter shall be deemed the act or omission of the operator for
purposes of determining whether the operator's permit shall be revoked, suspended,
denied or renewed.
.0511 No operator or Responsible Employee shall employ any person as a
massage technician who does not have a valid CAMTC certificate. Every operator
or Responsible Employee shall report to the Planning Director any change of
employees, whether by new or renewed employment, discharge or termination, on
the form and in the manner required by the Planning Director. The report shall
contain the name of the employee and the date of hire or termination. The report
shall be made within five (5) days of the date of hire or termination. The operator
shall deliver the permit and photo identification card issued pursuant to this section
of any massage technician no longer employed by the operator to the Planning
Director within five (5) days. If the new employee is a massage technician, the
operator shall deliver a copy of the new technician’s photo identification card and
CAMTC certificate to the Planning Director within five (5) business days.
.0512 All persons employed in the massage establishment shall be fully
clothed at all times. Clothing shall be of a fully opaque, non-transparent material,
and shall provide complete covering from mid-thigh to three (3) inches below the
collar bone.
.0513 The operator and/or on duty Responsible Employee shall maintain a
register of all employees, showing the name, nicknames and aliases used by the
employee, home address, age, birth date, gender, height, weight, color of hair and
eyes, telephone numbers, social security number, date of employment and
termination, if any, and duties of each employee. The above information on each
employee shall be maintained in the register on the premises for a period of two (2)
years following termination. The operator and/or Responsible Employee on duty
shall make the register of employees available immediately for inspection by the
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City’s Police Department and Code Enforcement Division upon demand of a
representative of the police department at all reasonable times.
0514 No massage establishment may be located within a radius of 500 feet
of another massage establishment, as measured in a straight line, from the nearest
point of the premises where said massage establishment is conducted to the nearest
property line of any lot or legal parcel upon which a massage establishment is
proposed to be located. If two or more massage establishments are located within
500 feet of each other on ________ [Insert the effective date of this ordinance], the
massage establishment first established and continuously and lawfully operating at
such location shall be deemed the use conforming to the locational requirement of
this paragraph .0514, and the later established use(s) shall be deemed
nonconforming to the locational requirement. No nonconforming massage
establishment shall be increased, enlarged, extended or altered in size or area.
.0515 If a nonconforming massage establishment becomes vacant and
remains unoccupied for a continuous period of sixty (60) days or more, the
Planning Director shall determine and notify the owner of the massage
establishment in writing that the nonconforming use has been discontinued and the
nonconforming use may not be renewed or reestablished.
.0510 .0516 The operator shall comply with all provisions of this chapter
and any applicable provisions of this Code.
.060 Massage Technician Permit.
No person shall perform or administer a massage, or advertise to provide massage
services in the City, unless such person has in effect a valid CAMTC certificate
prior to the adoption of this Ordinance No. ___________.
.070 Massage Technician Requirements.
All massage technicians shall comply with the following conditions:
.0701 Except to the extent required, in writing by a state licensed medical
practitioner, no massage technician, massage technician aide, or employee shall
massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any
female patron. No massage technician, massage technician aide or employee, while
performing any task or service associated with the massage business, shall be
present in any room with another person unless the person’s genitals, gluteal fold,
anus, or in the case of a female, her breast(s) are fully covered at all times.
.0702 No massage technician shall massage any patron unless the person's
genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully
covered at all times while the technician or other employee is present in the same
room as the patron.
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.0703 The massage technician shall wear or have on his or her person a
photo identification card prepared and issued by the CAMTC, if applicable, at all
times when present in the massage establishment; such identification shall be
provided to City regulatory officials upon demand. The identification card shall be
worn on outer clothing with the photo side facing out. If a massage technician
holding a permit issued by CAMTC changes his or her business address, the
technician must obtain a CAMTC certification prior to offering massage services.
.0704 Massage technicians shall not perform any massage at any location
other than the location specified on the permit.
0705 While on duty, the massage technician shall not use any name other
than that specified on the photo identification card required by Section
18.16.070.070.0703 or issued by the California Massage Therapy Council.
.0706 Massage attendants shall be fully clothed at all times. Clothing shall
be of a fully opaque, non-transparent material and provide complete covering from
mid-thigh to three (3) inches below the collar bone. Additionally, massage
attendants shall not dress in the following manner while engaging in the practice of
massage or while visible to clients in a massage establishment:
.01 In attire that is transparent, see-through, or substantially exposes
the massage technician’s undergarments.
.02 In swim attire.
.03 In a manner that exposes the massage technician’s specified
anatomical parts, as defined by Section 18.54.020.
.04 In a manner that constitutes a violation of Section 314 of the
Penal Code.
.05 In a manner that is otherwise deemed by CAMTC to constitute
unprofessional attire based on the custom and practice of the profession in
California.
.0707 The massage technician consents to the inspection of the massage
establishment by the City’s Code Enforcement Division, Building and Safety
Division, Fire Department and Police Department, the Health Department, and any
other regulatory or governmental agency with regulatory oversight related to
massage technicians, massage establishments, or any aspects of the premises or
business, for the purpose of determining that the provisions of this chapter or other
applicable laws or regulations are met. The massage technician consents to the
inspection of the occupied massage rooms by the Police Department for the purpose
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of determining that the provisions of this chapter are met upon occurrence of any of
the conditions described in Section 18.16.070.080.0802.14 which would require the
posting of the Notice to All Patrons.
.0708 No massage technician shall advertise services that would constitute
a violation of any requirements of this chapter.
.080 Requirements of Operation.
.0801 Facilities.
.01 Windows. The storefront windows of the massage establishment
shall be transparent to provide clear visibility into the reception area of the unit.
The windows shall not be obscured by curtains, blinds, tint, or other temporary
devices during operating hours.
.02 Signs. All exterior signs identifying the premises as a massage
establishment shall comply with the sign requirements of the City. Each operator
and/or on duty Responsible Employee shall display the operator's permit in a
conspicuous public place in the lobby of the massage establishment. The hours of
operation must be posted in the front window and clearly visible from the outside.
The operator and/or on duty Responsible Employee must also post, on a daily basis
in a conspicuous public place in the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on-duty massage technicians
.03 Services List. Each operator shall post and maintain a list of
services available and the cost of such services in a conspicuous public place within
the premises. No operator or responsible managing employee, shall permit, and no
massage technician shall offer or perform, any service other than those posted. No
services that would constitute a violation of this Chapter or any other law shall be
posted.
.04 Lighting. Each operator shall provide in each room where
massage is given sufficient lighting and ventilation that complies with the Uniform
Building Code. The lighting in each massage room shall be at least one (1) forty
(40) watt white light bulb and shall be activated at all times while the patron is in
such room or enclosure. No strobe flashing lights shall be used. No colored lights
shall be used nor shall any coverings be used which change the color of the primary
light source.
.05 Restroom Facilities. A minimum of one (1) toilet and one (1)
separate wash basin shall be provided for patrons in each massage establishment,
which basin shall provide soap and hot running water at all times and shall be
located within close proximity to the area devoted to the performing of massage
services. A permanently installed soap dispenser, filled with soap, and a single
service towel dispenser shall be provided at the restroom handwash sink. No bar
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soap shall be used. A trash receptacle shall be provided in each restroom. No
bathtubs shall be allowed.
.06 Separate Rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms shall be
provided for male and female patrons. Separate massage rooms shall be provided
for couples massage if offered at a massage establishment. Rooms providing
couples massage shall be separated from all other rooms and areas of the massage
establishment by an opaque door, such that no activities occurring within a room
offering couples massage are visible to other patrons of the massage establishment.
.07 Maintenance. All facilities for the massage establishment must
be in good repair and shall be thoroughly cleaned and sanitized each day the
business is in operation. All walls, floors and ceilings of each restroom and shower
area shall be made smooth and easily cleanable. No carpeting shall be installed in
any of these areas.
.08 Massage Table or Chair. A massage table or chair shall be
provided in each massage room and the massage shall be performed on this
massage table or chair. The tables should have a minimum height of eighteen inches
(18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a
maximum width of four feet (4') may be used on a massage table and must be
covered with durable, washable plastic or other waterproof material. Beds, floor
mattresses and waterbeds are not permitted on the premises.
.09 If an establishment is proposing the use of table showers in the
facility, the entire massage room where the table shower is located shall be
designed and built as a shower facility. The floor and walls shall be designed and
built to be waterproof per California Building Code requirements and the room
shall drain properly per the California Building Code.
.0802 Operations.
.01 Equipment. Each operator and/or on duty Responsible Employee
shall provide and maintain on the premises adequate equipment for disinfecting and
sterilizing instruments used in massage.
.02 Inspections. The operator and/or on duty Responsible Employee
consents to the inspection of the massage establishment by the City’s Building and
Safety Division, Code Enforcement Division, Fire Department and Police
Department and the County Health Department for the purpose of determining that
the provisions of this chapter or other applicable laws or regulations are met.
(a) The City’s Building and Safety Division, Code
Enforcement Division, Fire Department and Police Department and the County
Health Department may, from time to time, make unannounced inspections of each
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massage establishment for the purpose of determining that the provisions of this
chapter, State law or other applicable laws or regulations are met. Criminal
investigations may be conducted as directed by the Chief of Police. The Police
Department may inspect the occupied massage rooms for the purpose of
determining that the provisions of this section are met upon occurrence of any of
the conditions described in Section 18.16.070.080.0802.14 which would require the
posting of the Notice To All Patrons. During an inspection, the Police Department
may verify the identity of all on-duty employees.
(b) Inspections of the massage establishment shall be
conducted during business hours.
(c) A person who operates a massage establishment or his or
her agent, servant or employee commits a violation of this chapter if he or she
refuses to permit a lawful inspection of the premises by a representative of the
Building and Safety Division, Code Enforcement Division, Fire Department, Police
Department, Health Department, and any other regulatory or governmental agency
with regulatory oversight related to massage technicians, massage establishments,
or any aspects of the premises or business, at any time it is occupied or open for
business.
.03 Linen. Common use of towels or linen shall not be permitted.
Towels and linen shall be laundered or changed promptly after each use. Separate
enclosed cabinets shall be provided for the storage of clean and soiled linen and
shall be plainly marked “clean linen” and “soiled linen” and shall have doors or
covers. Only full-size bath towels or sheets shall be used in the massage process.
.04 Residing in Establishment Prohibited. No person or persons shall
be allowed to live, reside or dwell inside the massage establishment at any time. No
food of any kind shall be prepared for sale or sold in the establishment unless an
appropriate food vending permit is granted by the County of Orange.
.05 Alcoholic Beverages/Drugs. No person shall enter, be in, or
remain in, any part of a massage establishment licensed under this chapter while in
possession of, consuming, using or under the influence of, any alcoholic beverage
or controlled substance. The owner, operator and Responsible Employee shall be
responsible to ensure that no such person shall enter or remain upon the massage
establishment. Alcoholic beverages may not be sold, served, furnished, kept,
consumed, imbibed, or possessed on the premises.
.06 Recordings. No electrical, mechanical or artificial device shall be
used by the operator or any employee of the massage establishment for audio and/or
video recording or for monitoring the performance of a massage, or the
conversation or other sounds in the massage rooms without the knowledge and
consent of the patron.
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.07 Roster. The owner, operator or on-duty Responsible Employee of
the massage establishment shall keep a complete and current list of the names and
residence addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the Responsible Employee
purported to be principally in charge of the operation of the massage establishment.
This roster shall be kept on the massage establishment premises and be available for
immediate inspection by officials charged with enforcement of this section.
.08 Minimum age. No person shall give, or assist in giving, any
massage to any other person under the age of eighteen (18) years, unless the parent
or guardian of the minor person has consented thereto in writing.
.09 Record. Every massage establishment shall keep a written record
of the date and hour of each treatment administered, the name and telephone
number of each patron, the name of the massage technician administering treatment,
and the type of treatment administered, to be recorded on a patron release form.
Such written record shall be open to inspection by officials charged with
enforcement of this chapter, as authorized by law or court order. Such records shall
be kept on the premises of the massage establishment for a period of two (2) years.
.10 Coverings. Each massage establishment shall provide to all
patrons clean, sanitary and opaque coverings capable of covering the patrons'
genitals, gluteal fold, anus and female breast(s). No common use of such coverings
shall be permitted and re-use is prohibited unless laundered or otherwise sanitized
between each use.
.11 Hours of operation. The owner must advise the City, in writing,
at the time of the application for a permit of the business hours and, thereafter, of
any changes in such hours. No person shall operate a massage establishment or
administer a massage in any massage establishment between the hours of 10:00
p.m. and 6:00 a.m. A massage begun any time before 10:00 p.m. must terminate at
or before 10:00 p.m. All customers, patrons and visitors shall be excluded from the
massage establishment during these hours and be advised of these hours. The hours
of operation must be displayed in a conspicuous public place in the lobby within the
massage establishment and in the front window clearly visible from the outside.
.12 Advertising. No massage establishment granted a permit under
this chapter shall place, publish or distribute or cause to be placed, published or
distributed any advertising matter that depicts any portion of the human body that
would reasonably suggest to prospective customers or clients that any service is
available other than those services described in this chapter, nor shall any massage
establishment employ language in the text of such advertising that would
reasonably suggest to a prospective patron that any service is available other than
those services authorized by this chapter, or that services are available that would
constitute a violation of any laws.
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.13 Doors. All front, reception, hallway or front exterior doors
(except back or rear exterior doors used for employee entrance to and exit from the
massage establishment) shall be kept unlocked during business hours. A massage
establishment may lock its exterior doors during business hours if the establishment
is owned by one individual with one or no employees. No massage may be given
within any cubicle, room, booth or any area within a massage establishment which
is fitted with a door capable of being locked, unless the only door is an exterior
door.
.14 Notices. The Planning Director may require that the following
notice be posted in the event that any employee of the massage establishment or any
person who has been aided and abetted by an employee of the massage
establishment has been found, after full hearing by administrative proceeding or
court conviction, to have violated any of the provisions listed in Sections
18.16.070.40 and 18.16.070.070:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT
PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY
THE ANAHEIM POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING
AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT
PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued by
the Planning Director.
(b) The notices shall be conspicuously posted in a location
within the massage establishment that are easily visible to any person entering the
premises and in each massage room.
(c) The requirement for posting the notice described in this
Section is cumulative and in addition to all other civil and criminal remedies and
penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of
the City of Anaheim, County of Orange and the State of California.
.090 Change of Business.
.0901 Every massage establishment operator shall report immediately to the
Planning Director any and all changes of ownership or management of the massage
establishment, including, but not limited to, changes of Responsible Employee or
other person principally in charge, stockholders holding more than five percent
(5%) of the stock of the corporation, officers and directors of the corporation,
partners of the partnership, including limited partners and all changes of name, style
or designation under which the business is to be conducted, and all changes of
address or telephone numbers of the massage business. A change of location of any
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of the premises may be approved by the Chief of Police provided there is
compliance with all applicable regulations of the City.
.0902 No massage operator’s permit may be sold, transferred or assigned by
a permittee, or by operation of law, to any other person or persons. Any such sale,
transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to
constitute a voluntary surrender of such permit and such permit shall thereafter be
null and void; provided and excepting, however, that if the permittee is a
partnership and one or more of the partners should die, one or more of the surviving
partners may acquire, by purchase or otherwise, the interest of the deceased partner
or partners without effecting a surrender or termination of such permit, and in such
case, the permit, upon notification to the Planning Director, shall be placed in the
name of the surviving partners. A massage operator’s permit issued to a corporation
shall be deemed terminated and void when five percent (5%) or more of the stock of
the corporation is sold, transferred or assigned after the issuance of a permit. No
massage technician permit may be sold, transferred or assigned by a permittee, or
any operation of law, to any other person or persons.
.0903 If a massage establishment ceases operation due to any violation of
this Chapter, no new massage establishment may be established at the same location
for twenty four (24) months from the date the massage establishment ceases
operating.
.100 Exemption.
.1001 The requirements of this chapter shall have no application and no
effect upon, and shall not be construed as applying to, any persons designated as
follows:
.01 State licensed physicians, surgeons, chiropractors, physical
therapists, osteopaths, or any registered nurse working on the premises of, and
under the direct supervision of, a State licensed physician, surgeon, chiropractor or
osteopath. Practical nurses, licensed vocational nurses, acupuncturists or other
persons without qualifications as massage technicians and without first obtaining a
CAMTC certification, whether employed by physicians, surgeons, chiropractors or
osteopaths or not, may not give massage or massage procedures.
.02 Barbers, estheticians, and beauticians who are duly licensed
under the laws of the State of California while engaging in the practices within the
scope of their licenses, except that this exception shall apply solely to the
massaging of the neck, face, scalp, hands, feet and hair of the customer or client.
.03 Persons administering a chair massage as defined in this chapter,
provided that the Planning Director receives a letter from the property or business
owner of the location where the chair massage is to be administered stating
his/her/its knowledge and approval of the chair massage, the location where the
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chair massage will take place, the dates and hours the chair massage will be
conducted, the identity of the person (s) administering the chair massage and that
only a recognized massage chair will be used.
.04 Accredited high schools, junior colleges, colleges, or universities
whose coaches and certified athletic trainers are acting within the scope of their
employment.
.05 Certified athletic trainers of amateur, semiprofessional or
professional athletes or athletic teams while engaging in their training
responsibilities for and with athletes; and trainers working in conjunction with a
specific athletic event such as road races, track meets, triathlons, biathlons, or
similar single occurrence athletic or recreational events.
.06 Hospitals, nursing homes, sanatoriums, or other health facilities
duly licensed by the State of California.
.1002 Commencing on the effective date of this chapter, all permits are to be
issued in accordance with the provisions of this chapter.
.110 Transfer and Duration of Permits.
.1101 No permit issued hereunder shall be transferable to any other person
or establishment.
.1102 It shall be the responsibility of the operator to ensure that all
technicians conducting massage on the premises are continually licensed by the
CAMTC. The operator shall be required to show evidence that massage technicians
operating within their facility hold a valid CAMTC certificate at the time of
business license renewal.
.1103 No permit granted herein shall confer any vested right to any person
or business for more than the permit period. All massage operators, Responsible
Employees and technicians subject to this chapter shall comply with the provisions
of this chapter as they may be amended hereafter.
.120 Violation and Penalty.
.1201 Violations of this chapter shall constitute a misdemeanor and shall be
punishable in the manner provided in Section 1.01.370.
.1202 Any massage establishment operated, conducted or maintained
contrary to the provisions of this chapter shall be, and the same is hereby declared
to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may,
in addition to or in lieu of prosecuting a criminal action hereunder, commence an
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action or actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law, and shall take such other steps
and shall apply to such court or courts as may have jurisdiction to grant such relief
as will abate or remove such massage establishments and restrain and enjoin any
person from operating, conducting or maintaining a massage establishment contrary
to the provisions of this chapter.
SECTION 4.
That Table 20-A (Primary Uses: Platinum Triangle Mixed Use Overlay Zone) of
Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the
same is hereby amended in part to read as follows:
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY
ZONE*
*Does not apply to the Office
District; see subsection
18.20.030.010 for Office District
uses.
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
GF=Ground Floor Commercial
PTMU GF Special Provisions
Personal Services–
General P GF
On-site dry cleaning not allowed; conditional use
permit required for laundromats; laundromats are
subject to § 18.38.150. Massage subject to
§18.16.070 except massage not permitted within
Live/Work Units.
SECTION 5
That Section 18.24.070 (Neighborhood Commercial District and Neighborhood
Commercial-Mixed District) of Chapter 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be,
and the same is hereby, amended in part as follows:
18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL-
MIXED DISTRICT.
Within the area designated as a Neighborhood Commercial District or the Neighborhood Commercial-
Mixed District, the provisions of Chapter 18.08 (Commercial Zones) for the Neighborhood Center
Commercial ("C-NC") Zone shall apply, except as otherwise specified.
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.010 In addition to the uses permitted by the underlying zone or prohibited by this chapter, the following
buildings, structures and uses, either singly or in combination, are permitted:
.0101 Development of mixed commercial uses with residential units above the first floor on a single
site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, except as amended by
this chapter. For projects with mixed residential and commercial uses, CC&Rs shall be prepared for each
project. Massage establishments shall not be permitted within Live/Work Units.
.0102 Development of mixed commercial uses with senior citizen apartments above the first floor on a
single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, and Chapter
18.50 (Senior Citizens Apartment Projects), except as amended by this chapter.
.0103 Development of Boulevard Residential uses in conformance with Section 18.24.060.
.0104 Alcoholic Beverage Manufacturing uses in conformance with Section 18.38.025 (Alcoholic
Beverage Manufacturing) on properties located on the east side of Anaheim Boulevard between Broadway
and Ellsworth Avenue whose underlying zoning is “I” (Industrial).
SECTION 6.
That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030
(Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of
the Anaheim Municipal Code be, and the same is hereby amended in part to read as
follows:
Table 32-A
PRIMARY USES:
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
MU Special Provisions
Personnel Services–
General P
Massage subject to §18.16.070 except
massage not permitted within Live/Work
Units.
SECTION 7.
That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section
18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use [DMU] Overlay Zone) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended in part to read as
follows:
Table 30-A
PRIMARY USES: DOWNTOWN
MIXED USE OVERLAY ZONE
P=Permitted by Right
C=Conditional Use Permit Required
N=Prohibited
DMU Special Provisions
Personal Services–General P/N On-site dry cleaning and laundromats are not
24
55402.00039\29315255.1
allowed. Massage subject to §18.16.070 except
massage not permitted within live/work units.
SECTION 8.
That Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to change
the following definition:
“Massage Establishment.” Any business conducted within the City where any person,
firm, association, partnership, corporation, or combination of individuals engages in,
conducts, carries on or permits to be conducted or carried on, for money or any other
consideration, administration to another person of a massage, bath or health treatment
involving massages or baths, including foot massages. For hotels and motels, the massage
establishment may include common areas on the hotel premises such as the pool area
when the massage is conducted by licensed massage technicians in accordance with the
massage establishment permit issued for the hotel or motel. Mobile massage operations
are not included within this definition and are not permitted within the City.
SECTION 9.
That Section 18.92.210 ("R" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to delete
the following definition:
SECTION 10.
That Section 18.108.040 (Development Standards) of Chapter 18.108 (Festival Specific
Plan No. 90-1 [SP 90-1] Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby, amended to ___________:
.020 General Standards. Except as otherwise specifically set forth herein, the standards of the
Scenic Corridor Overlay Zone shall apply. The use, building and structural height, setback,
improvement of setback, landscaping and roof projection requirements set forth in this subsection
18.108.040.020 shall apply in each of the four development areas, unless otherwise stated therein.
(a) Permitted Uses. Uses listed as permitted accessory uses and permitted temporary uses in
Section 18.08.030 (Uses) for the C-NC Neighborhood Center Commercial Zones in Chapter
18.08 (Commercial Zones) and the following and substantially similar uses shall be permitted
in all development areas:
1. Antique shop;
2. Automobile rental agencies (office only, with no on-site car display or car storage);
25
55402.00039\29315255.1
3. Bakery;
4. Barber/beauty shops;
5. Bicycle shops;
6. Book stores;
7. Bowling, pool or billiard centers;
8. Broadcasting studio;
9. Business offices/agencies;
10. Candy stores;
11. Carpet and rug sales and installation;
12. Catering establishments;
13. China and glassware stores;
14. Cigar and smoke shops;
15. Clothing or apparel stores;
16. Commercial retail centers;
17. Conservatoire studios;
18. Convenience food stores (not in connection with gasoline sales);
19. Curtain and drapery shops;
20. Department stores;
21. Drug stores;
22. Electrical equipment sales and repair shops;
23. Fabric shops;
24. Fast food restaurants – Development Areas 1 and 2: two (2) drive-throughs
maximum, one (1) on Pad D and one (1) on another pad in Development Area 1 or
2, and an additional seven thousand five hundred (7,500) square feet maximum of
fast food space in the main tenant area of Development Areas 1 and 2;
25. Financial institutions with walkup windows/ automatic teller machines;
26. Financial institutions with drive-through: Maximum of three (3) in Development
Areas 1 and 2. To be located on Pad E and on two (2) other pads in Development
Area No. 1 or 2;
27. Floor covering shops;
28. Florists;
29. Furniture stores;
30. Health spas and physical fitness centers up to four thousand (4,000) square feet;
31. Hobby shops;
32. Home improvement stores;
33. Interior decorators;
34. Jewelry stores;
35. Dry cleaning services;
36. Leather goods and luggage stores;
37. Liquor stores;
38. Locksmiths;
39. Massage Establishments subject to Section 18.16.070;
40. Meat markets;
41. Medical/dental offices;
42. Musical instrument sales and repair shops;
43. Music stores;
26
55402.00039\29315255.1
44. Newspaper and magazine stores;
45. Office business machine and computer component stores;
46. Optical and optometrical offices/shops;
47. Paint, glass and wallpaper stores;
48. Pinball and electronic game arcades (pursuant to an arcade permit);
49. Record, tape and video stores;
50. Rental services;
51. Reproduction service businesses, including but not limited to, messenger services,
wire services, blueprinting, drafting, job printing, microfilming, etc.;
52. Retail supply stores, including but not limited to, vehicle accessories and parts,
books, hardware, pet shops, photographic, sporting goods, tobacconists, toys,
yardage, etc.;
53. Secretarial or answering services;
54. Shoe stores;
55. Sit-down restaurants, with or without alcohol;
56. Specialty food stores, such as delicatessens, cookie stores, yogurt shops and other
specialized retail food stores;
57. Supermarkets, markets and groceries;
58. Travel agencies;
59. Typewriter sales and service;
60. Veterinary clinics, non-boarding; and
61. Watch and clock sales and repair shops.
SECTION 11. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 12. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 13. EFFECTIVE DATE
27
55402.00039\29315255.1
This ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and
adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016,
by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: __________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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±
0 21Miles
#Massage Establishments (68)
Rail Roads
City Boundary
Anaheim Massage EstablishmentsNovember 3, 2016
ATTACHMENT NO. 3
1
Elly Morris
From:Gene Levesque <genesurfs@yahoo.com>
Sent:Monday, November 07, 2016 11:43 AM
To:Jonathan Borrego; Elly Morris
Subject:Massage Parlor Ordinance
As a longtime resident and homeowner here in West Anaheim, I would like to request that the city
crack down on these Massage Parlors. There is illegal activities going on in these Parlors, and it is
not good for the community.
I am married and have 3 beautiful daughters, I want them to feel safe in our neighborhood and
community.
Please do not allow more of these Parlors to be opened, and do something about closing up the ones
that are open. It's good for the City of Anaheim not to support these kinds of practices.
Thank you for hearing our concerns.
Sincerely,
Gene Levesque
RE/MAX Unlimited
cell (714) 458-2447
office (714) 995-4554
email genesurfs@yahoo.com
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Jonathan Borrego
Sent:Monday, November 07, 2016 8:50 AM
To:Elly Morris
Subject:FW: Planning Commission Agenda- Item 3 SUPPORT
Correspondence for item 3
From: Amanda [mailto:aedinger@sbcglobal.net]
Sent: Sunday, November 06, 2016 3:59 PM
To: Jonathan Borrego
Cc: Mitchell T. Caldwell; Bill Dalati; Michelle Lieberman
Subject: Planning Commission Agenda- Item 3 SUPPORT
Hi Jonathan,
I have reviewed the Planning Agenda and want to express my support for Item 3- the citywide zoning
amendment for Massage Establishments. According to the staff report, many massage
establishments are engaging in illegal businesses practices, including prostitution. The recommended
changes would enhance the city's ability to effectively deal with the myriad of violations being
committed. Some of those changes include prohibiting massage establishments from operating within
motels, requiring maintenance of records and prohibiting them from operating from 10pm to 6am.
The goal of the recommended Code changes is to discourage the type of illegal activity that has been
known to occur at some establishments. I fully support these changes as I believe they will be
beneficial to West Anaheim in dealing with those establishments that have negatively impacted the
community.
Thank you,
Amanda Edinger
Renew West Anaheim
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Jonathan Borrego
Sent:Monday, November 07, 2016 9:10 AM
To:Elly Morris
Subject:Fwd: item 3 zoning or massage parlors
Sent from my iPhone
Begin forwarded message:
From: Loretta Day <LDay@anaheim.net>
Date: November 7, 2016 at 9:09:21 AM PST
To: Jonathan Borrego <JBorrego@anaheim.net>
Subject: FW: item 3 zoning or massage parlors
FYI
From: jodie mosley [mailto:jodiemosley@yahoo.com]
Sent: Monday, November 07, 2016 7:17 AM
To: Loretta Day
Subject: item 3 zoning or massage parlors
As a resident of west Anaheim, and seeing how illegal most of these massage parlors are, I
totally support item 3 on the agenda. This needs to stop!
Help west Anaheim!!!
Thank you,
Jodie mosley
Sent from Yahoo Mail on Android
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Jonathan Borrego
Sent:Monday, November 07, 2016 8:49 AM
To:Elly Morris
Subject:FW: Massage parlors
Correspondence for item 3
‐‐‐‐‐Original Message‐‐‐‐‐
From: John Armstrong [mailto:jarmst2534@aol.com]
Sent: Monday, November 07, 2016 7:35 AM
To: Jonathan Borrego
Subject: Massage parlors
I was just informed that Anaheim is working on a "Massage Parlor" ordinance and that we were given back that
authority in 2014. In the two years since there has been a noticeable rise in the number of establishments, especially
in West Anaheim. One only needs to look on Craigslist under "services" to see adds with barely clothed women
advertising "massages". There is another online site called "backpage Orange County that the advertise on. I'm sure
some of these places are legitimate but many look suspect. If they were regaled as to how many could be in a certain
area, I think in west Anaheim we have way more than our share,regards, John Armstrong
Sent from my iPhone
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Jonathan Borrego
Sent:Monday, November 07, 2016 8:49 AM
To:Elly Morris
Subject:FW: Massage Parlors
Correspondence for Item 3
‐‐‐‐‐Original Message‐‐‐‐‐
From: Loretta Day
Sent: Monday, November 07, 2016 8:14 AM
To: Jonathan Borrego
Subject: FW: Massage Parlors
Jonathan,
Per Esther Wallace ‐ I am forwarding email received re: massage parlors to you. FYI, I only see this one of two so far.
When you receive this, please confirm you are appropriate staff.
Thanks!
Loretta
‐‐‐‐‐Original Message‐‐‐‐‐
From: jhamze@twc.com [mailto:jhamze@twc.com]
Sent: Sunday, November 06, 2016 10:57 PM
To: Loretta Day
Subject: Massage Parlors
Please limit the number of massage parlors in our community. And please regulate what is going on in the existing
ones. If local rules are violated the should be closed immediately. This is our home and we want to be proud of
where we live. Please do your jobs and keep our city and communities safe. Thank you.
June Hamze
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Jerry Hill <hill9241@sbcglobal.net>
Sent:Monday, November 07, 2016 1:15 PM
To:Jonathan Borrego; Elly Morris
Subject:Massage parlor
My wife and I urge the City of Anaheim to do all it can to eliminate illegal practices, especially prostitution, in the
massage ‘parlors’. I understand the State has given cities the authority to enforce regulations.
Thank you, Gerald and Barbara Hill
NEW CORRESPONDENCE
ITEM NO. 3
1
Elly Morris
From:Esther Wallace <eswall@msn.com>
Sent:Monday, November 07, 2016 2:44 PM
To:Jonathan Borrego
Cc:Elly Morris
Subject:Massage Parlor Ordinance
I am in agreement with the Massage Parlor Ordinance that Planning Department
has introduced in item No. 3 in tonight's Planning Commission agenda. Before
2007, WAND worked for years on getting illegal massage parlors closed. Finally in
2007 Anaheim wrote and passed a good Massage Parlor Ordinance only to have it
superseded by the state in SB 731 in 2008. We saw the turn around from ten
massage parlors at that time to the now 68 and could do nothing about it. Now
that the state AB 1147 gives the authority back to the city, we embrace this new
ordinance.
WAND is interested in the Renewal of Beach Blvd and finally getting good
businesses to invest in West Anaheim. This will not happen as long as illegal
activity is being conducted in many massage parlors.
West Anaheim needs to sustain itself in encouraging businesses that we are a
community worthy of their establishing stores here.
I ask the Planning Commissioners to support this Massage Parlor Ordinance so
that West Anaheim can move ahead in its planning of a renewed business
community.
Esther Wallace
WAND Chairman
WAND Chairman
NEW CORRESPONDENCE
ITEM NO. 3