Resolution-PC 2010-055RESOLUTION NO. PC2010 -055
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05499
AND VARIANCE NO. 2010 -04822
(DEV2010- 00062)
(2620 WEST ORANGE AVENUE, SUITE 2)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 05499, to permit a massage and skin care facility
pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real
property situated in the City of Anaheim, County of Orange, State of California, shown on
Exhibit "A attached hereto and incorporated herein by this reference;
WHEREAS, this property is currently developed with a 2 -story office building,
located in the General Commercial (C -G) zone and the Anaheim General Plan designates this
property for Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on July 19, 2010, at 3:30 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 "Procedures 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 proposed massage and skin care facility is properly one for which a
conditional use permit is authorized under Code Section No. 18.08.030.010 (Personal Services
Restricted),
2. The proposed massage and skin care facility 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 the facility will be compatible with other commercial uses within the complex;
3. The size and shape of the site proposed for the massage and skin care facility is
adequate to allow the full development of the proposed use, in a manner not detrimental to either
the particular area or health and safety;
4. The traffic generated by the proposed massage and skin care facility will not
impose an undue burden upon the streets and highways designed and improved to carry the
traffic in the area.
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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 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 with respect to the request for a variance, does find and determine the
following facts:
1. The applicant requests a variance from the following Code Section to provide less
parking than required by Code:
(a) SECTION NO. 18.42.040.010
(Table 42 -A)
Minimum number of parking spaces
(34 spaces required; 31 spaces
proposed)
2. The above mentioned variance, under the conditions imposed, will not cause
fewer off street parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to the proposal under the normal and
reasonably foreseeable operation of the use. The parking justification letter submitted by the
appIicant indicates that massage services will be provided by appointment only and customer
visitation will be evenly dispersed throughout the daytime and nighttime hours. Moreover,
several site inspections were conducted at different times of the day, and it was determined that a
majority of the parking spaces were unoccupied and an adequate amount of parking was
available for customers and employees for the entire complex at all times.
3. The parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity because the
proposed parking would be adequate to accommodate the project's peak parking demands.
4. The variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is
contained on -site and will not encroach into other surrounding properties.
5. The variance will not increase traffic congestion within the off-street parking
areas provided for the proposed use as indicated in the parking justification letter because the
supply of parking spaces is adequate for the proposed uses and there is adequate egress and
ingress to the site.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05499 to
permit a massage and skin care facility on property located at 2620 West Orange Avenue, Suite
2, and Variance No. 2010 -0482 to permit fewer parking spaces than required by code.
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BE IT FURTHER RESOLVED, 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 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.
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. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 19, 2010. 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
A'FIEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
t
CHAIRMAN, A I EIM CITY PLANNING COMMISSION
3 PC2010 -055
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, 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
City Planning Commission held on July 19, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of July, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DE V2010-00062
1APN: 126 191 -22 1
n o =n ion
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113.50'
55.47'
48
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W ORANGE AVE
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W WESTHAVEN DR
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
10980
5
PC2010 -055
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05499 AND VARIANCE NO. 2010-04822
(DEV2010- 00062)
NO. CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1 No required parking areas shall be fenced or otherwise enclosed
for outdoor storage uses.
2 A Burglary/Robbery Alarm Permit application, Form APD 516,
shall be completed and returned to the Police Department prior to
initial alarm activation.
3 An Emergency Listing Card, Form APD -281, shall be filed with
the Police Department.
4 An employee that is CPR and First Aide trained shall be on
premises at all times.
5 This business (including the conduct of all its employees) shall
operate in full compliance with Anaheim Municipal Code
Chapter 4.29 pertaining to Massage Establishments.
6 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 during regular business hours.
7 The business shall be subject to unscheduled inspections by
authorized City of Anaheim personnel in order to observe and
enforce compliance with all applicable Code Requirements.
8 The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within two business days from the time of discovery.
9 The 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 No. 1 (Site Plan) and
Exhibit No. 2 (Floor Plan). and as conditioned herein.
6
REVIEW SIGNED
BY OFF BY
Code
Enforcement
Police
Police
Police,
Code
Enforcement
Police,
Code
Enforcement
Police,
Code
Enforcement
Police,
Code
Enforcement
Code
Enforcement
Planning
PC2010 -055