Resolution-PC 2004-122~ ~..
RESOLU710N NO: PC2004-122
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04892 BE GRANTED
(144 SOUTH FAIRMONT BOULEVARD)
WHEREAS, the Anaheim City Planning Commission didreceive 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:
SEPTEMBER 12, 1868 IN BOOK "B" PAGE 410 OF JUDGMENTS OF THE DISTR(CT
COURT OF THE 17TH JUDICIAL DlSTRICT !N AND FOR LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL 1, AS SHOWN ON A
MAP FILED IN BOOK 207, PAGES 41 AND 42 OF PARCEL MAPS, JN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID CORNER BEING
W THE SOUTHEASTERLY LINE OF EASTBOUND SANTA ANA CANYON ROAD, AS
SHOWN ON SAID PARCEL MAP, SAID SOUTHEASTERLY LINE BEfNG A CURVE
CONCAVE NORTHWESTERCY HAVING A RADIUS OF 2110:00 FEET, A RADIAL LINE TO
: SAID CORNER BEARS SOUTH 39° 35' 13" EAST; THENCE ALONG THE
NORTHEASTERLYIINE OF SAID PARCEL 1 SOUTH 42° 39' 42" EAST 165.44 FEET AND
SOUTH 62° 29' 42" EAST 56.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
1EAVING SAID NORTHEASTERLY LINE NORTH 42° 39' 42" WEST 217.18 FEET TO A
POINT IN THE NORTHEASTERLY EXTENSION OF SAID SOUTHEASTERLY LINE OF
EASTBOUND SANTA ANA CANYON ROAD, ALSO BEING A POINT IN THE
NORTHEASTERLY EXTENSION OF SAID CURVE, A RADIAL LINE TO SAID POINT
BEARS SOUTH 40° 06' 13" EAST; THENCE NORTHEASTERLY ALONG SAID
NORTHEASTERLY EXTENSION OF SAID CURVE AND SAID SOUTHEASTERLY
UNE THROUGH A CENTRAL ANGLE OF 0° 3T 25" AN ARC LENGTH OF 22.97
FEET; THENCE LEAVING SA~D NORTHEASTERLY EXTENSION SOUTH 40° 43' 38"
EAST 28.00 FEET; THENCE SOUTH 47° 20' 18" WEST 10.00 FEET; THENCE '
SOUTH 42° 39' 42" EAST 215.00 FEET; THENCE SOUTH 47° 29' 18" WEST 2.38
FEET TO SAID NORTHEASTERLY LINE OF PARCEL 1; THENCE ALONG SAID
NORTHEASTERLY LINE NORTH 62° 29' 42" WEST 28.38 FEET TO THE TRUE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 4, 2004, at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, 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 considerafion 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 18.08.030.040.0402.
2. That the accessory massage services will not adversely affect the adjoining land uses and
the growth and development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
Cr\PC2004-122 -1- PC2004-122
: ~ ~
4. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area.
5. l'hat no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition:
CALIFORNIA ENVIRONMENTAL QUALITY:ACT FINDING: The Planning Director or her
authorized represenfative has determined that the proposed projectfalls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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:
1. That the massage therapy operation shall 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 Anaheim Municipal Code Section 4.29.060
~9)•
3. That as stipulated by the petitioner, the hours of operation shall be limited to Mondays; 11 a.m. to 7
p.m., Tuesday through Friday; 9:30 a.m. to 8 p.m. and Sunday; 9 a.m. to 5 p.m.
4. That employees providing massage therapy shall be required to wear uniforms and pfioto 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 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 Anaheim Municipal Code Section 4.29.060 pertaining to operating
requirements for a massage establishment.
8. That no alcoholic beverages shaN be sold or consumed on the premises.
9 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 and 2, and as conditioned herein.
90. 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 and 9, above mentioned, shal~ be
complied with.
19. 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 COtlditions hereinabove set forth. Should any such condition, or any part thereof, be declared '
-2- PC2004-122
~ _ ~
invalid or unenforceable by the final judgment of any,court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be tleemed null and void. '
THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of '
October 4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertai '~ o appe res and may°be replaced
by a City Council Resolution in the event of an appeal
HAIRMAN, ANAHEIM CITY PLANNING COMMISSION
' ATTEST:
~~(Clai.~.~..~,~. /~"~'1'~'°
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY,OF ANAHEIM )
I, 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
Commissionheld on October 4, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, 0'CONNELL, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA, ROMERO, VELASQUEZ:
IN WITNESS WHEREOF, I have hereunto set my hand this o~h o~ day of
G'~a~.N. , 2004.
i~~%et-~+- '
.~ssf..
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION