Resolution-PC 2003-10•
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RESOLUTION NO. PC2003-10
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04643 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA: PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, AS SHOWN
ON A PARCEL MAP FILED IN BOOK 120, PAGES 22 AND 23 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 13, 2003 at 4:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.040 to wit: to permit a massage business within an existing
beauty salon.
2. That the proposed use will be established in an existing beauty salon/day spa at
5579 East Santa Ana Canyon Road, which is a well-maintained beauty and skin care spa; and that
the use will not adversely affect the adjoining land uses and the growth and development of the
area.
3. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare because no expansion of building area nor substantial
intensification of use is proposed within this existing commercial center.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the proposed
massage use will be located within an existing full-service skin and hair care facility.
5. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
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1. That the massage therapy operation shali be permitted only as an accessory use to the beauty and
skin care spa.
2. That male and female massage clients shall not be served simultaneously; and that separate
massage scheduling shall be arranged to ensure compliance with Chapter 4.29 (Massage
Establishments) of the Anaheim Municipal Code.
3. That as stipulated by the petitioner, the hours of operation shall be limited to:
Tuesday through Thursday: 8 a.m. to 10 p.m.
Friday: 8 a.m. to 9 p.m.
Saturday: 7 a.m. to 7 p.m.
4. That employees providing massage therapy shall be required to wear uniforms and photo
identification cards during business hours.
5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made
available for inspection by any authorized City of Anaheim official.
6. That the interior of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons inside the premises.
7. That all employees shall abide by Chapter 429 (Massage Establishments) of Anaheim Municipal
Code pertaining to operating requirements for a massage establishment.
8. That no alcoholic beverages shall be sold or consumed on the premises.
9: That four (4}#00~ higk~ s~reet addKess numbers_sha0_l~e dis~layed_ on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
10. That the signage for the salon be limited to two (2) wall signs (one (4 ) red neon wall sign and one (1)
round sign by the salon entrance) as permitted by the Zoning Code in the Scenic Corridor Zone
Overlay; and that the remaining two (2) signs (canopy sign and blue wall sign located on the exterior
wall of the stairwell) shall be removed prior to operation of the massage business.
11. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4 and 5; and as conditioned herein.
12. That prior to the commencement of the activity authorized by this resolution or prior to final building
and zoning inspections, whichever occurs first, Condition Nos. 6, 9, 10 and 11, above-mentioned,
shall be complied with.
13. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 13, 2003.
CHA ERSON, ANAHEIM CI LANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CiTY OF ANAHEIM )
1, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
0.r~v , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING
COMMISSION
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