Resolution-PC 2009-080RESOLUTION NO. PC2009-080
A RESOLUTION OF THE ANAHEIM CITY PLP,NNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
CONDITIONAL USE PERMIT NO. 2009-05443 AND VARIANCE NO. 2009-04793
(1441 SOUTH MANCHESTER AVENUE)
WI-IEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2009-05443 to permit a full service spa/massage
establishment with a building setback adjacent to Manchester Avenue that is less than required
by Code for certain real property situated in the City of Anaheim, County of Orange, State of
Califomia, shown on Eachibit A, attached hereto and incorporated herein by this reference.
WHEREAS, this property is developed with a 175-room hotel located in the
SP92-2, Development Area 1(Anaheim Resort Specific Plan, Commercial Recreation area) zone
and the Anaheim General Plan designates the property for Commercial Recreational land uses;
and
WHEREAS, the proposed request to remodel an existing hotel to permit a
full service spa/massage establishment includes a variance from the £ollowing:
(a) SECTION NO. 18.116.090.020 Location that the setback is
measured from (Required to be
measured from the ultimate riQht of
wav: nroaosed to be measured from
the prope line)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 14, 2009, at 230 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 18.6Q 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. The request to permit a full service spa/massage establishment within an existing
hotel is properly one for which a conditiona] use permit is authorized under Code Section No.
18.116.070.030.0402 (Massage Establishments) of the Anaheim Municipal Code,
2. The massage business will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located because it is located
within an existing hotel.
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3. The size and shape of the site for the use is adequate to allow the fuli development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
of the citizens of Anaheim.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. 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 and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the Planning Commission does further find and determine that the
request for the variance from code requirements pertaining to the building setback adjacent to
Manchester Avenue that is less than required by Code should be granted for the following
reasons:
1. Variance (a) is hereby approved, since the widening of the freeway in front of the
property created an unusual circumstance in which the ultimate planned right-of-way is located
within the building and measuring the setback from the ultimate planned right-of-way is
impractical; and further, that the proposed addition to the hotel will encroach no further than the
existing roof line adjacent to Manchester Avenue and will provide improved sound attenuation
for hotel guest rooms.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 for the reasons hereinabove stated does hereby grant subject Petition for
Conditional Use Permit and Variance subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim:
BE IT FURTHER RESOLVED that approva] of this application wnstitutes
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 approva] 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
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.
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BE IT FURTHER FLESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal
Code.
BE IT FURTHER RESOLVED 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 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.
TAE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 14, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - GeneraP' of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
COMMISSION
ATTEST:
/~o-r.,-.- ~- .
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COiTNTY OF OFtANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on September 14, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 14`h day of September 2009.
~0 ~Iir ,---~cr
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXIiIBTT ~~A"
CONDITIONAL USE PERNII'I' NO. 2009-0~-{~3
APN: 082-170-35
W MANCHESTER AVE
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EXHIBIT "B"
CONDITIONAL USE PEIiNIIT NO. 2009-05443 AND VA.RIANCE NO. 2009-04793
Responsible
NO. Conditions of Approval for
Monitorin
TIMINGr PRIOR TO COMMENCEMENT OF OPERATION OF THE BUSINESS
1 A Burglary/Robbery Alarm Permit application, Form APD 516, Police
shall be completed and returned to the Police Department prior
to initial alarm activation.
2 An Emergency Listing Card, Form APD-281, shall be filed with Police
the Police Deparhnent.
TIMING: PRIOR TOISSUANCE OFA`BUILDINGPERMIT
3 A public improvement bond shall be posted for right-of-way Public
improvements. Works
4 The property owner shall irrevocably offer to dedicate to the Public
City of Anaheim additional right-of way along Manchester Works
Avenue for driveway approach per City of Anaheim Standard
Detaii No. 115-B.
TIMING: PRIOR T07SSUANCE OFA GRADING PERMIT
5 Plans submitted for grading permits shall show a 4-foot wide Public
sidewalk with 2-foot wide parkway between the existing curb Works
and existing property line. The developer shall also obtain a
Right of Way Construction Permit.
TIMING. PRIOR TO FINAL BUILDINCAND ZONINGINSPECTION
6 Curbs adjacent to the drive aisles shall be painted red to prohibit Public
parking in the drive aisles. Red curb locations shall be clearly Works
labeled an building plans.
7 Fire lanes shali be posted with "No Parking Any Time." Said Fire
information shall be specifically shown on plans submitted for
building permits.
8 The developer shall construct a 4-foot wide sidewalk adjacent to Public
the right-of-way ]ine, and install landscape and irrigation Works
between the sidewalk and curb on Manchester Avenue.
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TIMING. ONGOING DURING OPERATION
9 No required parking areas shall be fenced or otherwise enclosed Planning
for outdoor storage uses.
10 This business (including the conduct of all its employees) shall Code
operate in full compliance with Anaheim Municipal Code Enforcement
Cha ter 4.29 ertainin to Massa e Establishments,
ll All records of treatment shall be maintained on the premises for Code
one (1) year and shall be made auailable for inspection by any Enforcement
authorized City official during regular business hours.
12 The business shall be subject to unscheduled inspections by Code
authorized City of Anaheim personnel in order to observe and ' Enforcement
enforce compliance with all applicable Code Requirements.
GENERAL
13 The properiy shall be permanently maintained in an orderly Planning
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
14 The property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim
by the project applicant and which plans are on file with the
Planning Departrnent marked Exhibit Nos. 1 through 4 of
Conditional Use Permit No. 2009-05443, and as conditioned
herein.
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