Resolution-PC 2007-40. •
RESOLUTION NO. PC2007-40
A RESOLUTION OFTHE ANAHEIM PLANNING GOMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05196 BE GRANTED
(751 SOUTH WEIR CANYONROAD; SUITES 167 AND 171)
WHEREAS; the Anaheim Planning Commission did receive a verified-Petition for Conditional
Use Permit for certain realproperty situated in the City of Anaheim, County of Orange, State of California,
described as: .
' LOT 1 OF TRACT NO. 12996,1N THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 624, PAGES 19
THROUGH24,1NCLUSIVE OF MISCELLANEOUS MAPS, IN THE'OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic`Center in the
City of Anaheim on April 30,; 200T, at 2:30 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 consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed massage and day spa services within an existing yoga and personal
training #acifity are authorized by conditional use permit by Anaheim Municipal Code Section
18.10.030.040.0402.
2. That massage and day spa services will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the use is proposed within the
middle of a commercial center which already offers many other personal services.
3. That the size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety;
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 because there is no change in parking
for the proposed use; and
5. 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.
6. That 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 staff has
determined that the proposed project falls 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.
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for ConditionaLUse Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order topreserve the '
health and safety of the Citizens of the City of Anaheim:
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Prior to final buildinq andzoninq inspections`or within a qeriod of one (1) vear from the date of this
' resolution, whichever occurs first. the followinq'conditions shall be complied with:
1. That the applicant shall obtain any necessary building permits for tenant improvements from the
Building Division.
2. That 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 marked Exhibit Nos. 1 and 2, and as conditioned herein.
General Conditions:
3. That the massage'#herapy operation shall be permitted only as an accessory use to the fitness and
beauty facility.
4. This condition of approval was deleted at today's public meeting.
5. That employees providing massage therapy shall be required to wear uniforms and photo'identification
cards during business hours.
6. 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
7. That the operator and all employees of the business shall comply with the permit requirements and
restrictions imposed by Chapter 4.29 of the Anaheim Municipal Code pertaining to Massage
Establishments.
: 8. That the property shall be permanently maintained in an orderly fashion through #he provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
9. That 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 Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
10. Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL
11. 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.
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BE 1T FURTHER RESOLVED that the Anaheim 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 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 the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofi
Apri130, 2007. Said resolution is subject to the appeal provisions set forth in `Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to appe rocedures and maybe replaced
by.a City Council Resolution in the event of an appeaL
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= CHAI M ; ANAHEIM ANNING COMMISSION
ATTEST: _
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2007.
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%Yy~''~'~~c.~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION