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PC 2016/11/07 City of Anaheim Planning Commission Agenda Monday, November 7, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California  Chairperson: Mitchell Caldwell  Chairperson Pro-Tempore: Paul Bostwick  Commissioners: Jess Carbajal, Bill Dalati, Grant Henninger, Michelle Lieberman, John Seymour  Call To Order - 5:00 p.m.  Pledge Of Allegiance  Public Comments  Public Hearing Items  Commission Updates  Discussion  Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, November 3, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 11-07-2016 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 11-07-2016 Page 3 of 4 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2015-00285 CONDITIONAL USE PERMIT NO. 2015-05844 TENTATIVE TRACT MAP NO. 17975 (DEV2015-00127) Location: 2301, 2323 & 2331 West Lincoln Avenue Request: The following land use entitlements are requested to permit the development of a 48-unit, three story attached and detached single family residential project: (i) reclassify the subject properties from the C-G (General Commercial) Zone to the RM-3 (Multiple Family Residential) Zone; (ii) a conditional use permit to allow an attached single-family residential development with modified development standards; and (iii) a tentative tract map to create a 48-unit residential subdivision. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. The item was continued from the October 3, 2016 and October 17, 2016 Planning Commission meetings. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 ZONING CODE AMENDMENT NO. 2016-00135 (DEV2016-00105) Location: Citywide Request: A City-initiated amendment to Title 3 (Business Licenses) and Title 18 (Zoning) of the Anaheim Municipal Code modifying various Code provisions related to the licensing, siting and operation of Massage Establishments. Environmental Determination: The proposed action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act. Motion Project Planner: Jonathan Borrego jborrego@anaheim.net Adjourn to Monday, November 14, 2016 at 5:00 p.m. 11-07-2016 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. November 3, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 7, 2016 SUBJECT: RECLASSIFICATION NO. 2015-00285 CONDITIONAL USE PERMIT NO. 2015-05844 TENTATIVE TRACT MAP NO. 17975 LOCATION: 2301, 2323 and 2331 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant is Darryl Moore representing Aegis Builders and the property owner is Kenneth Catanzarite. REQUEST: The applicant is requesting approval of the following land use entitlements: 1) A Reclassification, or rezoning, of the property from the “C-G” General Commercial zone to the “RM-3” Multiple Family Residential zone; 2) A Conditional Use Permit to allow a 48-unit attached and detached single-family residential development with modified development standards; 3) A Tentative Tract Map to create a 48-unit residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolutions, determining that this request is categorically exempt under the California Environmental Quality Act (Class 32, In-Fill Development Projects), and approving Reclassification No. 2015-00285, Conditional Use Permit No. 2015- 05844, and Tentative Tract Map No. 17975. BACKGROUND: This 2.8-acre site is located in the C-G zone and is developed with an office complex. The site is designated for Low-Medium Density Residential land uses by the General Plan. Surrounding uses include an elementary school to the north, a church to the east, an office building (with a church) to the west and an attached and detached single-family residential development to the south across Lincoln Avenue. This project was initially continued from the October 3, 2016 Planning Commission meeting in order to re-notice the item based on a change to the prpject description. The Planning Commission subsequently considered the request at its October 17, 2016 meeting and continued the item to today’s meeting in order to RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 2 of 8 provide the applicant with an opportunity to redesign certain elements of the project in response to feedback received from the Commission. Specifically, some Commissioners indicated that they would prefer the project be designed with more pedestrian connectivity to Lincoln Avenue and without a six-foot high block wall within the front setback. Since the Planning Commission meeting on October 17, 2016, the site plan and renderings have been revised to reflect removal of the six-foot high block wall within the front setback area adjacent to Lincoln Avenue. The applicant is proposing a 6-foot high wrought iron fence that would provide security, but the fencing would be located behind the 15-foot front setback between the buildings adjacent to Lincoln Avenue. The fence would also include pedestrian gates with enhanced pilasters that would provide street access to and from the project site. No other changes are proposed to the site plan, floor plan, or building elevations. PROPOSAL: The applicant proposes to demolish the existing office buildings and construct 22 attached condominiums and 26 detached single-family residences using the RM-3 (Multiple- Family Residential) zone development standards. The residential buildings would be 3-stories (40 feet) in height with private roof-top decks. The units would all include three bedrooms and range in size from 1,862 to 2,034 square feet. As depicted in the rendering below, the homes are designed with a contemporary architectural style. The buildings would be enhanced with stone and wood accents, smooth plaster and metal railings. Access to the development would be provided by a gated driveway along Lincoln Avenue, which runs parallel to the site’s southern boundary. The driveway would be divided by a landscaped island with a guest call box, creating separate lanes for ingress and egress. A 20 to 28-foot wide private drive would loop through the project providing vehicular access to the private garages and surface parking for residents and guests. There are also two additional driveways that would provide egress only to Lincoln Avenue. The private drive would include a 20-foot wide easement to allow for emergency fire truck and sanitation vehicle access. A total of 144 parking spaces (three spaces per unit) are required for this project and 144 spaces are proposed. The parking spaces would consist of 96 garage spaces and 48 surface spaces for both residents and guests. Pedestrian access paths are provided throughout the project providing connectivity between the units and outdoor parking areas. RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 3 of 8 Revised Street Scene Rendering Rendering of Interior Pedestrian Access RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 4 of 8 A revised landscape plan has been submitted reflecting several trees, shrubs and groundcover that would serve as a buffer between Lincoln Avenue and the project and would compliment the enhanced elevations facing the street. The project would also include 4,248 square feet of common recreational leisure area. A small park with play equipment, benches and a shade structure would be located at the northern property line. In addition, 23,602 square feet of code compliant private recreational leisure area would be provided by roof-top decks for all of the units. The Code requires a combined total of 16,800 square feet of common and private recreational-leisure area and 27,850 square feet is being provided. A detailed development summary is included as Attachment No. 1 to this report. Recreation Area FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: This property is located in the C-G zone. A reclassification, or rezoning, to the RM-3 zone is being requested in order to develop attached and detached, single-family homes. The intent of the RM-3 Zone is to promote the development of single-family attached and detached development in an attractive environment. The density of the proposed project is consistent with and would implement the property’s Low-Medium Density Residential General Plan land use designation. The density of the proposed project is 16.8 units to the acre and the Low-Medium Density Residential land use designation allows up to 18 units per acre. As RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 5 of 8 described below, the proposed reclassification supports several General Plan policies intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs; therefore, staff recommends approval of the reclassification request. The Land Use Element of the General Plan provides the following goals which would be supported by the development of this project: o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a residential planned unit development for single-family attached and detached dwellings in the RM-3 zone. In this zone, development standards, including setback and building separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may approve the conditional use permit for a planned unit development, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with applicable design guidelines adopted by the City; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 6 of 8 6) 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; 7) 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. The project complies with all development standards of the RM-3 Zone with the exception of certain setback requirements. The applicant is requesting to modify the street setbacks adjacent to Lincoln Avenue, interior setbacks, and minimum setbacks between buildings. Setbacks for projects in the RM-3 Zone may be modified in connection with a conditional use permit when it is determined that the modifications promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The project would be developed with the following setback ranges: Setback Area Required Setbacks Proposed Structural Setbacks Adjacent Land Use Lincoln Avenue 20 feet 15 feet Residential (across Lincoln Avenue) Interior property line to the north 20 feet 10 feet Elementary School Interior property line to the west 20 feet 10 feet Office Building Interior property line to the east 20 feet 10 feet Church Between buildings 40 feet 8-26 feet N/A This project includes proposed modifications to the following development standards: Street Setbacks Adjacent to Lincoln Avenue: The applicant is requesting a 15 foot wide structural setback where a 20-foot wide setback would typically be required adjacent to Lincoln Avenue. The intent of the required 20-foot wide setback on Lincoln Avenue is to ensure that adequate separation and landscaping is provided adjacent to the street. Staff believes that the request for a modification to the front setback requirement is appropriate since the building elevations adjacent to Lincoln Avenue would maintain a minimum setback of 15 feet, include attractive and enhanced architectural elements and the setback area would be densely landscaped. Interior Setbacks: The applicant is requesting 10-foot wide building setbacks where a 20-foot wide setback would typically be required adjacent to the northern, eastern and western property lines. The intent of the 20-foot setback along the interior property lines is to ensure that adequate separation and landscaping is provided between adjacent uses. In order to minimize visual impacts of this project upon the adjacent properties, the applicant is proposing common open space areas, pedestrian pathways and enhanced landscaping along RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 7 of 8 the property lines consisting of densely planted trees. Staff believes that the request for a modification to the interior setback requirement is justified since the reduced setback areas would be located adjacent to existing commercial, office and school land uses. For these reasons, staff recommends approval of the interior setback modification request. Building to Building Setbacks: The Zoning Code requires a 40-foot separation between three-story buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain an entrance and/or windows opening into living areas. The setbacks required between the buildings are intended to ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The project would have 21-26 foot wide paseos between the buildings and 8-foot wide side yards between the detached single family homes. Walkways and planters would be located in the paseo areas to reduce the massing of the buildings and provide pedestrian circulation within the project. Staff believes that the modified separations between buildings are justified because the modifications would allow for the efficient layout of buildings on the property and provide greater usable common recreation-leisure areas in the project than could be provided if the separations between buildings were increased. The elevations facing the courtyards are enhanced with patios and balconies and are highly articulated with quality design features. For these reasons, staff recommends approval of the building- to-building setback modification request. Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low-Medium Density Residential" land use designation. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17975, including their design and improvements, is consistent with the zoning and development standards of the proposed "RM-3" Multiple-Family Residential Zone being proposed in conjunction with Reclassification No. 2015-00285. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. RECLASSIFICATION NO. 2015-00285, CONDITIONAL USE PERMIT NO. 2015-05844, AND TENTATIVE TRACT MAP NO. 17975 November 7, 2016 Page 8 of 8 A tentative tract map is required to create 48-lot, residential subdivision. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 16.8 dwelling units per acre is permitted under the Low-Medium Density Residential land use designation which allows up to 18 dwelling units per acre. The tract map complies with all applicable regulations and is consistent with the density allowed under the Low-Medium Density Residential General Plan designation. In addition, the project is not likely to cause substantial environmental damage and will not conflict with easements acquired by the public. Therefore, staff recommends approval of the tentative tract map request. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the subject property is less than five acres in size and surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; and, can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. CONCLUSION: Staff has carefully considered and reviewed this proposal and believes that the site plan revisions have addressed the concerns expressed by the Planning Commission at the October 17, 2016 meeting. The project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed project meets the goal to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff recommends approval of the proposed request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Development Summary 2. Draft Reclassification Resolution 3. Draft Conditional Use Permit Resolution 4. Draft Tentative Tract Map Resolution 5. Applicant’s Letter of Request 6. Complete Plan Set (Revised) 7. Renderings (Revised) 8. Class 32 Environmental Checklist C-GOFFICES RS-2S.F.R. C-G (BCC)MEDICALOFFICE RM-2 (BCC)TOWNHOMES76 DU RM-4FOURPLEX TSUBSTATION RS-2SINGLEFAMILYRESIDENCE RM-4APTS5 DU TLOWE ELEMENTARY SCHOOL C-GMEDICALOFFICE RM-4APTS5 DU RM-4CASA BELINDAAPARTMENTS91 DU RM-4FOURPLEX C-GRELIGIOUSUSE C-G (BCC)RELIGIOUSUSE TVICTORIA TOWNHOUSEAPARTMENTS264 DU RS-2SINGLEFAMILYRESIDENCE RS-2S.F.R. TS.F.R. C-GRETAIL C-GRETAIL PRDAD MILLERGOLF COURSE W LINCOLN AVE W LINCOLN AVE N M O N T E R E Y S T W POLK AVE N V E N T U R A S T N B E L I N D A C I R S H I D D E N P A T H W CANOPY LN S H E A R T W O O D W A Y W. BROADWAY W. LINCOLN AVE W. CRESCENT AVE S . D A L E A V E N . D A L E A V E N . M A G N O L I A A V E S . M A G N O L I A A V E N . B R O O K H U R S T S T S . B R O O K H U R S T S T W. LINCOLN AVE 2301, 2323 and 2331 West Lincoln Avenue DEV No. 2015-00127 Subject Property APN: 071-110-40071-110-41071-110-28 °0 50 100 Feet Aerial Photo:June 2015 W LINCOLN AVE W LINCOLN AVE N M O N T E R E Y S T W POLK AVE N V E N T U R A S T N B E L I N D A C I R S H I D D E N P A T H W CANOPY LN S H E A R T W O O D W A Y W. BROADWAY W. LINCOLN AVE W. CRESCENT AVE S . D A L E A V E N . D A L E A V E N . M A G N O L I A A V E S . M A G N O L I A A V E N . B R O O K H U R S T S T S . B R O O K H U R S T S T W. LINCOLN AVE 2301, 2323 and 2331 West Lincoln Avenue DEV No. 2015-00127 Subject Property APN: 071-110-40071-110-41071-110-28 °0 50 100 Feet Aerial Photo:June 2015 DEVELOPMENT SUMMARY Development Standard Proposed Project RM-3 Zone Standards Site Area 2.8 N/A Density 16.8 du/ac 18 du/ac max. Floor Area 1,862 to 2,034 square feet 1,000 sq. ft. min. Street Setback 5-15 feet 20 feet* Interior Property Lines Setback 10 feet 20 feet* Setbacks Between Buildings 8-26 feet 40 feet* Building Height 40 feet 40 feet Parking 144 spaces 144 spaces Recreation-Leisure Area 27,850 square feet (Common- 4,248 sq. ft.) (Private- 23,602 sq. ft.) 16,800 square feet* *May be modified by CUP ATTACHMENT NO. 1 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2015-00285 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00127) (2301, 2323 AND 2331 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 2301, 2323, and 2331 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") from the the “C-G” General Commercial Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00285" for the purpose of allowing the applicant to construct a 48- unit detached and attached, single-family residential project (herein referred to as the “Project”) ; and WHEREAS, the Property is approximately 2.8 acres in size and is located in the “C-G” General Commercial Zone. The Property is designated on the Land Use Element of the General Plan for "Low-Medium Density Residential” uses; and WHEREAS, Reclassification No. 2015-00285 is proposed in conjunction with Conditional Use Permit No. 2015-05844 and Tentative Tract Map No. 17975, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project" WHEREAS, Reclassification No. 2015-00285 proposes to apply the zoning and development standards of the "RM-3" Multiple-Family Residential Zone to the Property; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines. Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies and is consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (the "Code"), to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due consideration, 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. Reclassification of the Property from the "C-G" General Commerical Zone to the "RM-3" Single-Family Residential Zone is consistent with the Property's Low-Medium Density Residential land use designation in the Land Use Element of the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the residential uses located to the south of the Property across Lincoln Avenue. 3. The proposed reclassification of the Property does properly relate to the zone and permitted uses established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, this Planning Commission does hereby approve Reclassification No. 2015-00285 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM-3" Multiple-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00285. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. - 3 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 7, 2016. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 7, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** [DRAFT] ATTACHMENT NO. 3 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE CONDITIONAL USE PERMIT NO. 2015-05844 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00127) (2301, 2323 AND 2331 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2015-05844 to permit the construction of a 48-unit attached and detached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements and distance between buildings of the "RM-3" Multiple-Family Residential Zone, for that certain real property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2015-05832 is proposed in conjunction with a request (i) to rezone or reclassify the Property from the "C-G" General Commercial Zone to the "RM-3" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00285"; and (ii) for approval of a tentative tract map to permit a 48- lot single-family, attached and detached residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17975"; and WHEREAS, Reclassification No. 2015-00285, Conditional Use Permit No. 2015-05844 and Tentative Tract Map No. 17975, and the Project shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G" General Commercial Zone. The Property is designated on the Land Use Element of the General Plan for "Low-Medium Density Residential” land uses; and WHEREAS, all development within the "RM-3" Multiple-Family Residential Zone that includes single-family attached and detached dwellings is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 (Residential Planned Unit Development) of Section 18.06.160 (Residential Planned Unit Development) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), the minimum setback requirements, as set forth in Section 18.06.090 (Structural Setbacks), and the setbacks between buildings, as set forth in Subsection .050 (Findings) of Section 18.06.090 (Residential Planned Unit Development), may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2015-05844 will permit the reduction in the street setbacks, interior setbacks and setbacks between buildings requirements of the "RM-3" Multiple-Family Residential Zone for the Property; and - 2 - PC2016-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 3, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith, and the Planning Commission subsequently continued the item to the November 7, 2016 hearing; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05844: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. Said existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; 4. The Project is consistent with any adopted design guidelines applicable to the Property; 5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable; - 3 - PC2016-*** 8. The Project complies with the General Plan land use designation of Low- Medium Density Residential and will comply with the zoning for the Property, upon approval of an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM-3" Multiple-Family Residential Zone by the adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00285, now pending. 9. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17975, including its design and improvements, will, upon approval thereof, comply with the Subdivision Map Act; and 10. 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. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2015-05844, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple-Family Residential Zone under Reclassification No. 2015-00285, and (2) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 17975, all of which entitlements are now pending; and (4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the 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. - 4 - PC2016-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 7, 2016. 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 an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 7, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05844 (DEV2015-00127) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The project’s Final Grading Plans, Drainage Report and Soils Report shall be submitted for review and approval to City of Anaheim Public Works Development Services Division. Public Works, Development Services 2 The final Water Quality Management Plan (WQMP) shall be submitted for review and approval to Public Works Development Services Division and comply with the most current requirements of the Orange County Drainage Area Management Plan (DAMP). Public Works, Development Services 3 The property owner shall submit project improvement plans that incorporate the required drainage improvements and the mechanisms proposed in the approved Final Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1-ft. minimum above water surface elevations of 100-year event. Public Works, Development Services 4 The applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. Public Works, Development Services 5 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services 6 That the developer shall submit a set of improvement plans for Public Utilities Department review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 7 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 8 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities, Water Engineering - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: - 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals, and any buildings, footings, and walls - 5-feet minimum separation from all other utilities, including storm drains, gas, and electric - 6-feet minimum separation from curb face Public Utilities, Water Engineering 10 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities, Water Engineering 11 No public water mains or laterals shall be allowed under parking stalls or parking lots. Public Utilities, Water Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 12 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 13 That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Water Engineering 14 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 15 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement Public Utilities, Water Engineering - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & R’s for the project. 16 That the developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities, Water Engineering 17 That the developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 18 That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering 19 That individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities, Water Engineering 20 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 21 The legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 22 The legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 23 The property owner/developer shall underground any existing and new power poles and lines. Public Utilities, Electrical Engineering 24 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical Public Works, Development Services - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT review and that all the applicable conditions of approval have been complied with and then shall be filed in the office of the Orange County Recorder. 25 A cash-in-lieu payment based on the project engineer’s cost estimate, in an amount determined by the City Engineer to be sufficient to pay for future street widening along Lincoln Avenue, shall be paid to the City of Anaheim. Public Works, Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 26 Address numbers shall be positioned so as to be readily readable from the street. Numbers shall be visible during hours of darkness. Police Department 27 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places (i.e., Resident gathering points and access points, bicycle parking, etc.) Signs must be at least 12” wide x 24” high in overall size, with white background and black 2” lettering. Police Department 28 All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner’s/manager’s request. Police Department 29 Monument signs and addresses shall be well lighted during hours of darkness. Police Department 30 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for reiterate building permits. Public Works, Traffic Engineering 31 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic Engineering 32 The developer shall improve Lincoln Avenue per the Lincoln Avenue Corridor Master Plan or as approved by the City Engineer. Public Works, Development Services 33 All required on-site Water Quality Management Plan, sewer, storm drain, and public right of way improvements shall be completed, operational, and are subject to review and approval by the Construction Services Inspector. Public Works, Development Services ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 34 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department 35 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as Public Works Department, Streets and Sanitation Division - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 36 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C,C&R’s for the project and the City easement deeds. Public Utilities, Water Engineering GENERAL 37 The 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, and as conditioned herein. Planning and Building Department, Planning Services Division 38 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 39 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 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 may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 40 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division [DRAFT] ATTACHMENT NO. 4 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE TENTATIVE TRACT MAP NO. 17975 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00127) (2301, 2323 AND 2331 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17975 to construct 48 single-family, attached and detached residential units (the "Project") on certain real property located at 2301, 2323 and 2331 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.8 acres in size and is located in the "C-G" General Commercial Zone. The Property is designated on the Land Use Element of the General Plan for "Low-Medium Density Residential” land uses; and WHEREAS, Tentative Tract Map No. 17975 is proposed in conjunction with Reclassification No. 2015-00285 and Conditional Use Permit No. 2015-05844, now pending, which, together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution, this Planning Commission found and determined that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines and will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016-*** WHEREAS, this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 17975, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17975, including its design and improvements, is consistent with the General Plan land use designation of Low-Medium Density Residential. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17975, including its design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple-Family Residential Zone proposed as Reclassification No. 2015-00285, now pending. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975, and with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17975, and with the conditions imposed, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision or the type of improvements, as shown on proposed Tentative Tract Map No. 17975 and with the conditions imposed, will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve Tentative Tract Map No. 17975, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-3" Multiple- Family Residential Zone under Reclassification No. 2015-00285, (2) a resolution approving Conditional Use Permit No. 2015-05844, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of - 3 - PC2016-*** the Code. 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that this 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 7, 2016. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on November 7, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17975 (DEV2015-00127) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The owner shall apply for and obtain vacation of the existing easements on site that are in conflict with the proposed permanent structures. Public Works Department, Development Services Division 2 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 3 The Lettered Lot shall be privately owned and maintained by the Homeowners Association. The Final Map shall include language to provide ownership and purposes of the Lettered Lot. Public Works Department, Development Services Division 4 All existing vertical structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division 5 Tract Map No. 17975 shall be approved in substantial conformance with Planning Commission resolution for this project. Public Works Department, Development Services Division 6 A maintenance covenant shall be submitted to the Development Services Division and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private drives, paseos, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer, parkway landscaping and irrigation, paseos, and the private drives. The covenant shall be recorded concurrently with the final map. Public Works Department, Development Services Division 7 The developer shall submit street improvement plans, obtain a right of way construction permit, and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way of Lincoln Avenue. Improvements shall conform to the applicable City Standards per the Lincoln Avenue Corridor Master Plan and as approved by the City Engineer. The Public Works Department, Development Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. 8 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Department, Development Services Division GENERAL 9 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning and Building Department, Planning Services Division 10 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 11 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 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 may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 12 The 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, and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 5 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 A T T A C H M E N T N O . 6 ATTACHMENT NO. 6 ATTACHMENT NO. 6 ATTACHMENT NO. 7 CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEVELOPMENT CASE NO. 2015-00127 RECLASSIFICATION NO. 2015-00285 CONDITIONAL USE PERMIT NO. 2015-05844 TENTATIVE TRACT MAP NO. 17975 PROJECT APPLICANT: Kenneth J Catanzarite Catanzarite Law Corporation 2331 West Lincoln Avenue Anaheim, CA 92801 kcatanzarite@catanzarite.com PROJECT ADDRESS: 2301, 2323, and 2331 West Lincoln Avenue APN(s): 071-110-28, 071-110-40 and 071-110-41 PROJECT LOCATION: ATTACHMENT NO. 8 SURROUNDING LAND USES AND SETTING: This 2.8-acre site is located in the “C-G” zone and is developed with an office complex. The site is designated for Low- Medium Density Residential land uses by the General Plan. Surrounding uses include an elementary school to the north, a church to the east, an office building to the west and an attached and detached single-family residential development to the south across Lincoln Avenue. PROJECT DESCRIPTION: The applicant proposes to demolish the existing office complex and construct 48 single-family attached and detached townhomes. The residential buildings would be 3- stories (40 feet) in height with private roof-top decks. The units would be three bedrooms and range in size from 1,862 to 2,034 square feet. GENERAL PLAN DESIGNATION: Low-Medium Density Residential ZONING: “C-G” Reclassification to the RM-3 Zone to Implement the Property’s Low-Medium Density Residential General Plan Land Use Designation INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? This property is located in the “C-G” zone. A reclassification, or rezoning, to the RM-3 zone is being requested in order to develop attached and detached, single-family homes. The intent of the RM-3 Zone is to promote the development of condominium development in an attractive environment. The density of the proposed project is consistent with and would implement the property’s Low-Medium Density Residential General Plan land use designation. The density of the proposed project is 16.8 units to the acre and the Medium Density Residential land use designation allows up to 18 units per acre. As described below, the proposed reclassification supports several General Plan policies intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs; therefore, staff recommends approval of the reclassification request. The Land Use Element of the General Plan provides the following goals which would be supported by the development of this project: o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? The 2.8-acre property is located in the City of Anaheim and is currently developed with an office complex. Surrounding uses include an elementary school to the north, a church to the east, an office building to the west and an attached and detached single-family residential development to the south across Lincoln Avenue. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site is currently developed with an office complex and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There would be a temporary minor increase in traffic due to construction vehicles during the construction phase. However, this impact would be temporary. No significant impacts would occur. Operation - The Proposed Project consists of the demolition of an office complex and the construction of a 48-unit single-family attached and detached townhomes. The City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project is expected to generate 100 or more new vehicle trips in the AM or PM peak hour. The proposed project consists of 48 new dwelling units, replacing approximately 42,000 square feet of existing offices. The Institute of Traffic Engineers (ITE) Trip Generation Manual trip code 230 for condominiums estimates that 48 new homes would generate 25 peak hour trips. The existing offices, per ITE trip code 710, generate 63 peak hour trips. Since the proposed project generates less traffic than the existing offices, a traffic study was determined to not be required nor prepared. Neither roadway segments nor immediately surrounding intersections are anticipated to be significantly impacted as a result of the additional trips from the Proposed Project. b. Noise: Construction - The Proposed Project would generate temporary noise during construction activities. Equipment used during construction could create noise impacts through the duration of the construction process. However, these impacts are temporary and would cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Adherence to the City Noise ordinance would result in no significant impacts. Operation - The Proposed Project is a 48 single-family attached and detached townhome development that, when constructed, would generate noise impacts consistent with those of surrounding land uses. No significant impacts would occur. c. Air Quality: The Proposed Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Proposed Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The proposal consists of the demolition of an office complex and the construction of 48 single-family attached and detached townhomes on a 2.8-acre parcel. General construction activities, such as site preparation, including demolition of the existing office complex, grading, and travel by construction workers can contribute to air pollutants. All construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust emissions, and existing City dust suppression practices that minimize dust and other emissions. Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site, suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize traffic flow interference from construction activities, etc., that would be incorporated into the construction plans. Construction is conservatively anticipated to last 24 months and construction would be broken into three phases: demolition, grading, and building construction (which consists of building construction, paving, and architectural coating). Pollutant emissions resulting from Proposed Project construction activities were calculated using the CalEEMod model. Construction emissions are based on conservative assumptions, which imply a default equipment mix and a worst-case construction schedule. As shown in Table 1, entitled “Project-Related Construction and Operational Emissions,” the incremental increase in emissions from Proposed Project construction activities fall well below SCAQMD significance thresholds for regional emissions. Operation - The Proposed Project’s incremental increase in regional emissions resulting from operation of the Proposed Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Proposed Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Proposed Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Construction Emissions SCAQMD Threshold 75 100 550 150 150 55 2017 Project Emissions 6 62 46 0.06 11 7 2018 Project Emissions 3 21 18 0.03 2 1 2019 Project Emissions 21 32 30 0.05 3 2 Exceed Threshold? NO NO NO NO NO NO VOC NOx CO SO2 PM10 PM2.5 Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 3 4 20 0.03 3 1 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Proposed Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project- generated vehicle trips. Based on the Proposed Project’s anticipated compliance with SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: Grading and construction associated with site work on the project site would result in temporary disturbance of surface soils, which could potentially result in erosion and sedimentation on site, which are major visible water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain and, if not manage properly, could result in increased sedimentation in local drainage ways. The Proposed Project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administered in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by regulating point sources that discharge pollutants into receiving waters. The Proposed Project operation must also comply with the NPDES General Construction Permit. The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code, which prohibits the active or passive discharge or disposal of soil or construction debris into the storm drain. Additionally, the Proposed Project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in the SWPPP. Incorporation of these policies and ordinances and the requirements contained within would reduce project impacts to less than significant. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection: The construction of 48 single-family attached and detached townhomes would result in a small increase of new residents, which could incrementally increase demands for fire protection services. However, the increased demand for fire protection services would be considered minimal and would be met with existing fire resources. Impacts to fire services are anticipated to be adequately funded by an increase in tax revenue, over an extended period of time, relative to the increase in development intensity. Additional fire personnel and associated facilities and equipment would be provided through the annual Operating Budget and Capital Improvement Program review process. Annually, Fire Department needs would be assessed and budget allocations revised accordingly to ensure that adequate levels of service are maintained throughout the City. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, development of the project site would not result in the need for new or physically altered fire protection facilities. Impacts to fire services would be less than significant. b. Police Protection: The construction of 48 single-family attached and detached townhomes would result in a small increase of new residents, which could incrementally increase demands for police services. Development of the project site would not result in the need for new or physically altered police protection facilities. Impacts to police services would be less than significant. c. Schools: The Proposed Project would include the construction of 48 single-family attached and detached townhomes, resulting in a small increase of new residents. Based on the student generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301, development of 48 new housing units would generate approximately 20 elementary students, 7 junior high students, and 12 high school students. Therefore, the Proposed Project would not significantly impact school services. In addition, payment of the appropriate school fees would be required for all new development in accordance with Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50, payment of the school development fees are considered full mitigation. Impacts would be less than significant. d. Parks: The Proposed Project would generate a small increase of new residents that may utilize recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents. In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to pay a park impact fee prior to the issuance of building permits in order to offset the increase in demand and use of recreational facilities. Therefore, no significant impacts would occur. e. Other Public Facilities: The Proposed Project would include the demolition of an office complex and the construction of 48 single-family attached and detached townhomes. The Proposed Project would generate a small increase of new residents that may utilize library facilities in the City. The City of Anaheim Public Library system consists of a Central Library, eight branches, the Heritage House (former Carnegie Library), and a BookMobile. The population increase of less than one half of a percent of the total City population would not significantly impact the Public Library system. As a result, impacts associated with library services and facilities would be less than significant. e. Wastewater/Sewer: The Proposed Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Proposed Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in W Lincoln Avenue, adjacent to the Proposed Project. The Proposed Project would be required to connect to this existing wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area Master Plan of Sanitary Sewers. Due to the small size of the Proposed Project, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR adequate to serve the wastewater collection requirements of the Proposed Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. f. Storm Water Drainage: On-site grading and drainage improvements proposed in conjunction with the proposed site work would be required to meet the City’s and Orange County Flood Control District’s (OCFCD) flood control criteria including design discharges, design/construction standards and maintenance features. All new development projects in the City are also required to include specific design Best Management Practices to ensure that no storm water runoff generated on site would be allowed to leave the site without pre-treatment for urban pollutants. The Proposed Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on or offsite. The Proposed Project would not involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially resulting from the project would, for the most part, occur during the Proposed Project’s site preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than significant impacts would occur. g. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2015 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Proposed Project includes the development of a new service station with convenience market at the same location of a similar use. Due to the similar size of the project, the supply of local water needed to support the use is not substantial. Therefore, the production rates of local wells would not be significantly impacted. The Proposed Project would also result in similar amounts of impervious surfaces than what currently exist on the site. Therefore, the development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept approximately 23,500 tons of waste per day, or over seven million tons annually. The Proposed Project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The project site is located in a built-out, urban setting. The site and the surrounding properties are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed commercial use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the Project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. Signature of City of Anaheim Representative Date Amy Vazquez, Contract Planner (714) 765-4968 Printed Name, Title Phone Number 1 Elly Morris From:Esther Wallace <eswall@msn.com> Sent:Monday, November 07, 2016 3:58 PM To:Elly Morris; Jonathan Borrego Subject:2301, 2323, and 2331 W. Lincoln Ave. Planning Commissioners: There are a few items I would like to comment on with respect to Item #2 on today's Planning Commission agenda. According to Anaheim's standards, 18 attached condos may be built to 18 per acre. Twenty two attached condos would require 1.2 acres. Unattached single family dwellings may be built 13 homes to an acre. The number being built in this plan is 26 which would require 2 acres. The total acreage is 3.2 acres for the 48 dwellings. It appears there are about 5 units too many in this development. How much protection is there for the families with the open space on the roofs of the buildings. I am thinking of families with active youngsters. Buses coming from the school have a problem coming through Monterey Street with parking on each side creating only one lane each for the exit and ingress from Lincoln Avenue. Attention should be given to making this street a red zone parking allowing for two lanes each for exiting and ingressing from Lincoln Avenue. In an emergency this is a potential problem. Thank you for considering these items. Esther Wallace WAND Chairman  200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim ITEM NO. 3 PLANNING COMMISSION REPORT PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 7, 2016 SUBJECT: ZONING CODE AMENDMENT NO. 2016-00135, AN AMENDMENT TO TITLE 3 (BUSINESS LICENSES) AND TITLE 18 (ZONING) RELATING TO THE SITING, LICENSING AND OPERATION OF MASSAGE ESTABLISHMENTS LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated request to amend Title 3 (Business Licenses) and Title 18 (Zoning) of the Anaheim Municipal Code relating to the siting, licensing and operation of massage establishments. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) and 15060(c)(3) of the state CEQA Guidelines and recommend City Council approval of Zoning Code Amendment No. 2016-00135. BACKGROUND: In September 2014, the Governor signed Assembly Bill 1147 (AB 1147) which restored municipal land use regulatory authority over all massage establishments. Prior to the signing of AB 1147, the Governor had signed Senate Bill 731 (SB 731) in 2008 which essentially removed land use regulatory rights from cities in relation to the oversight of massage establishments. Following the passage of SB 731 in 2008, the City experienced a large increase in the number of massage establishments. Prior to 2008, the City had approximately 10 massage establishments. Today, there are approximately 68 licensed massage establishments in Anaheim. Many of the City’s current massage establishments, as well as those in surrounding communities, are engaging in illegal businesses practices, including prostitution. Observed violations in Anaheim also include illegal tenant improvements to create massage rooms; unauthorized massage technicians and personnel; violations of employment and labor laws, including establishments’ failure to secure worker’s compensation insurance; unsanitary facility conditions, including unwashed sheets, trash, and used contraceptive devices; massage technicians dressed inappropriately; establishments operating beyond approved hours of operation; installation of illegal signage; sexually suggestive advertising; and, employees refusing to allow City inspections of the establishments. In response to these common conditions and occurrences, staff is recommending a series of amendments to the Anaheim Municipal Code that would enhance the City’s ability to address these conditions and violations. Staff has notified all massage business owners of the proposed changes and had yet to receive any inquiries at the time this staff report was prepared. ZONING CODE AMENDMENT NO. 2016-00135 November 7, 2016 Page 2 of 2 PROPOSAL: The proposed Code amendments, as outlined in the attached “red-lined” and “clean” ordinances, include changes to Title 3 (Business Licenses) and Title 18 (Zoning). The proposed changes to Title 3 are minor in nature and update terminology and Code Section references relating to the licensing of massage establishments. The proposed amendments to Title 18 are more substantial in nature and relate to the licensing of massage business operators, permitted conduct of massage technicians, business siting requirements and operational standards. The following is a summary of the more substantial changes proposed:  Establishing new rules and clarifying existing rules regarding the dress and conduct of massage technicians  Requiring Building Code compliance for existing and future table shower areas  Requiring additional information regarding the identity and criminal history of massage business operators  Requiring existing and future massage establishments to maintain storefront windows that provide clear visibility into the reception area  Requiring the use of full sized sheets and towels  Prohibiting the storage, sale or consumption of alcoholic beverages within a massage establishment  Prohibiting massage establishments from operating within motels outside of the Anaheim Resort area; however, massage within hotels would be allowed citywide  Requiring a minimum 500-foot separation distance between massage establishments  Requiring the maintenance of customer records identifying the name and phone number of all customers served, as well as the type of treatment provided  Prohibiting massage establishments from operating between the hours of 10:00 p.m. to 6:00 a.m.  Prohibiting the operation of massage establishments within live/work units  Establishing a six-month period by which all existing massage operators and establishments would need to comply with the new regulations CONCLUSION: The goal of the recommended Code changes is to ensure that massage establishments operate in a manner that protects the health and safety of massage practitioners and their customers while discouraging the type of illegal activity that has been known to occur at some establishments. Staff believes that the recommended changes respect the operational needs of legally conducted massage establishments while preventing or discouraging the type of illegal activity now occurring at many business locations. Therefore, staff recommends that the Planning Commission recommend City Council approval of the proposed Zoning Code Amendment. Prepared by,   Jonathan E. Borrego, Planning Services Manager Attachments 1. Red-lined Draft Ordinance 2. Clean Draft Ordinance 3. Location Map of Existing Massage Establishments   1 55402.00039\29315255.1   ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 3 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE LICENSING, SITING AND OPERATION OF MASSAGE ESTABLISHMENTS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. WHEREAS, pursuant to the will of the electorate as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim (“City Council”) has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over the certification of massage technicians and practitioners throughout the State of California; and WHEREAS, Senate Bill 731 also limited the City’s regulatory authority over massage establishments that exclusively hire State-certified massage technicians, preempting most local licensure and permitting requirements and land use regulations; and WHEREAS, the City amended the Anaheim Municipal Code (“AMC”) to comply with the regulations set forth in Senate Bill 731; and ATTACHMENT NO. 1   2 55402.00039\29315255.1   WHEREAS, Senate Bill 731 has been widely criticized by local agencies as providing massage businesses with almost unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses that allow prostitution and other illegal activities; and WHEREAS, prior to the passage of Senate Bill 731, there were approximately 10 massage establishments operating in the City. Following the passage of Senate Bill 731, a total of 68 massage establishments have now located in the City; and WHEREAS, the increased number of massage establishments that have located in the City have resulted in an increase of police and code enforcement calls and services to many of those massage establishments. Some of those establishments are suspected of allowing sexually explicit activity to occur on the premises, including prostitution; and WHEREAS, during City inspections of existing massage establishments, City inspectors have found violations including illegal tenant improvements to create massage rooms, including plumbing for table showers; unauthorized massage technicians and personnel; violations of employment and labor laws, including establishments’ failure to secure worker’s compensation insurance; unsanitary facility conditions, including unwashed sheets, trash, and used contraceptive devices; massage technicians dressed inappropriately, including the exposure of specified anatomical parts; establishments operating beyond approved hours of operation; persons using the establishments as a residence, installation of illegal signage; and employees refusing to allow City inspections of the establishments; and WHEREAS, the violations noted above are harmful for the establishment patrons, employees, and the public generally as they require additional enforcement hours by code enforcement and police officers; and WHEREAS, there is evidence in other jurisdictions that massage establishments serve as fronts for prostitution or human sex trafficking. The potential for criminal and unsafe activity at massage establishments is particularly concerning given that some massage establishments in the City are located within proximity to places where families congregate, such as restaurants and shopping areas; and WHEREAS, law enforcement action in other jurisdictions to investigate and identify such criminal activity at massage parlors have, in many cases, exposed criminal activity to occur outside normal business hours; and WHEREAS, increased visibility into storefronts creates a sense of safety for customers and passersby, encourages transparent business operations, and better enables code enforcement and policing efforts, while decreased visibility into storefronts may serve as a cover for criminal or unsafe activity described above; and WHEREAS, evidence from other jurisdictions, as well as experience in the City has shown that there is a higher probability for illicit activities and negative secondary effects resulting from   3 55402.00039\29315255.1   massage establishments, including prostitution and human trafficking, when multiple establishments are located in the same shopping center or in close proximity to each other. Such proximity have been seen attract massage establishments, operators, and massage technicians that are more likely to violate the law and engage in illicit activities. Moreover, the City has an interest in supporting and encouraging a diversity and mix of commercial uses in a given shopping center or area; and WHEREAS, motels have been shown to attract and enable criminal and unsafe activity similar to that described above, including prostitution. Thus operation of a massage establishment within a motel would augment the potential for such criminal or unsafe activity; and WHEREAS, mobile massage operations (i.e., massage operations with mobile units or that make house calls) attract the criminal and unsafe activity described above, but also present greater hindrances to consumer protection and code enforcement due to the transient nature of the business and operation of the business in customers’ homes and/or places of business; and WHEREAS, individuals convicted in the last 10 years of criminal activity similar in nature as described above have, by virtue of the conviction, demonstrated an inability to garner the confidence necessary from of the City and the community to operate an massage establishment in a manner that conforms to the law and contributes to the economy; and WHEREAS, code enforcement and policing efforts in other jurisdictions have found that illegal massage operations that are shut down are often replaced by similar illegal massage operations in the same location. There are significant affects from allowing illegal massage operations to remain at a given site. Impacts include decreased consumer confidence in the legal operation of future massage establishments at the site, decreased consumer confidence in the neighboring businesses, and confusion among customers regarding the any connection between the closed illegal operation and a new legal operation, and detrimental effects on all surrounding businesses; and WHEREAS, the illicit and illegal activities detailed in the above recitals at massage establishments in the City pose health and safety threats to the establishments, its operators, employees, patrons, surrounding businesses, and the public; and WHEREAS, Assembly Bill 1147 was created in response to criticism against Senate Bill 731 and allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments. Assembly Bill 1147 went into effect on January 1, 2015; and WHEREAS, the City wishes to amend the Anaheim Municipal Code to ensure that the City regulates massage establishments in compliance with the provisions of Assembly Bill 1147; and WHEREAS, the City is also authorized by Government Code Section 51030 et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians, and reasonable conditions on the operation of the massage establishments; and   4 55402.00039\29315255.1   WHEREAS, the public peace, health, safety, and welfare require revisions to AMC ordinances relating to massage establishments and massage technicians to ensure that nuisance activities occurring at massage establishments in the City are properly regulated and cease; and WHEREAS, the fees required by the ordinance have been studied and generated in conformance with the California Mitigation Fee Act (Cal. Gov’t Code §§ 66000 et seq.); and WHEREAS, the Planning Commission conducted a public hearing on the proposed Zoning Code Amendment _______ at a regular meeting on ____________, 2016, in accordance with AMC Section _____________, and recommended that the City Council approve Zoning Code Amendment ___________and approve this Ordinance; and WHEREAS, the City Council conducted a public hearing on the proposed Zoning Code Amendment __________ at a regular meeting on ________, 2016, in accordance with AMC Section ____________; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accordance with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Anaheim City Council hereby finds and determines that the above recitals are true and correct and incorporated herein. SECTION 2. Section 3.32.090 (Massage Establishment and Massage Operators) of Chapter 3.32 (Miscellaneous Business Activities) of Title 3 (Business Licenses) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 3.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS. Every person who operates or maintains a massage establishment for which a massage establishment operator’s permit is required pursuant to Chapter 18.164.29 of this Code, and every person who engages in the business of providing, conducting, administering or carrying on any kind or character of massage (other than as the employee of a massage establishment for which a massage establishment operator’s permit is required pursuant to Chapter 4.29 18.16 of this Code), shall pay an annual business license tax fee of three hundred dollars ($300). This section shall not apply to those persons who are otherwise exempt from the permit requirements set forth in Chapter 4.29 18.16 of this Code.   5 55402.00039\29315255.1   SECTION 3. Section 18.16.070 (Massage Establishments) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.070 MASSAGE ESTABLISHMENTS. .010 Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and their massage technicians and employees in the City. .020 Operator’s Permit Required. No person shall operate a massage establishment within the City without first obtaining an operator’s permit pursuant to Sections 18.16.070.030 and 18.16.070.040 of this chapter. The operator’s permit required by this section shall be in addition to any business license required by this Code. Mobile massage operations are not permitted within the City. All massage activities must occur within a massage establishment as permitted by this chapter. Massage facilities are prohibited within Motels as defined in Section 18.92.160 except as permitted in Chapter 18.114 Disneyland Resort Specific Plan No. 92-1, Chapter 18.116 Anaheim Resort Specific Plan No. 92-2 and Chapter 18.118 Hotel Circle Specific Plan No. 93-1. .030 Application for Operator’s Permit. Any person desiring an operator’s permit for a massage establishment shall file a written application on the required form with the Planning Director who shall refer all such applications to the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; and one participant, if the owner is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such operator’s permit has been approved as provided in Section 18.16.070.040 of this section. The application shall be deemed complete if it contains or is accompanied by the information required as identified below and in the application approved by the Planning Director. .0301 The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer for purposes of operating the massage establishment on behalf of the corporation or partnership. Such designated person shall complete and sign all application forms required for an individual applicant under this section, but only one application fee shall be   6 55402.00039\29315255.1   charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator’s permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within ninety (90) days, the operator’s permit shall be deemed canceled and a new application for an operator’s permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the Responsible Employee of the massage establishment defined in Section 18.92.210 of this Title. .0302 The present or proposed address where the business is to be conducted. .0303 The type of ownership of the business (i.e., sole proprietorship, partnership, corporation, etc.). .0304 The exact name, including any fictitious name, if applicable, under which the business is to be operated. .03020305 A detailed description of all services to be provided at the massage establishment. If the list of services required to be posted pursuant to Section 18.16.070.080.0801.02 of this chapter is to be in any language other than English, such list must accompany the application for the operator's permit. Any changes to such list after the issuance of the operator’s permit must be submitted to the Planning Director within ten (10) days after such changes are made. .0303 0306 If applicable, Aa copy of the California Massage Therapy Council (“CAMTC”) certificate and photo identification issued to the Applicant by the California Massage Therapy Council pursuant to Section 4600, et seq. of the California Business and Professions Code. If applicable, the expiration date of the CAMTC certificate must be indicated. .0307 A complete list of the names, including any pseudonym, alias(es), alternate name(s), or nickname(s), and residential addresses of all massage technicians, employees, independent contractors and attendants in the business; the name and residential address of the Responsible Employee principally in charge of the operation of the business; and the names and residential addresses of all principals of the business. .0304 .0308 A copy of the CAMTC certificate and photo identification issued by the California Massage Therapy Council pursuant to Section 4600, et seq., of the California Business and Professions Code for each person or employee of the Massage Establishment that will provide massage services. If applicable, the expiration date of the CAMTC certificate held by each person or employee of the Massage Establishment that will provide massage services must be indicated.   7 55402.00039\29315255.1   .0309 The name and address of the record owner of the real property upon or in which the massage establishment is to be conducted. If the applicant does not own the lot or parcel on which the massage establishment will operate, the owner shall consent to the filing of the application by signing and dating the application, and the applicant shall provide a notarized copy of the lease or rental agreement. .0310 A sketch or diagram showing the complete interior configuration of the business, including without limitation the location of the restrooms, massage rooms, customer areas, employee only designated areas, and any facility requirements as identified in Section 18.16.080.0801. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale, with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve inches. .0305 .0311 Written Aauthorization for the City, its agents, and employees to seek verification of the information contained in the application. 0306 .0312 If the applicant is an individual he/she shall sign the application under penalty of perjury that all the information contained in the application is true and correct. If the applicant is other than an individual, the responsible managing officer shall sign the application under penalty of perjury that all the information contained in the application is true and correct. A statement in writing and dated by the applicant that he/she certifies under penalty of perjury that all information contained in the application is true and correct. .0313 A signed notarized statement that the Responsible Employee shall be responsible for the conduct of all employees, massage technicians and independent contractors working on the premises of the massage establishment and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter or Title 20 may result in the revocation of the City-issued permit. .0314 Such other identification and information as may be necessary and required by the City in its sole discretion to verify the truth of the matters hereinabove specified as required to be set forth in the application. .0307 .0315 If, during the term of a permit, any of the information submitted on the original or renewal application changes, the operator or Responsible Employee shall notify the Planning Director of such change within ten (10) business days thereafter, in writing. .0316 For any massage establishment in operation prior to the adoption of Ordinance No. ______, a new written application for an operator’s permit for a massage establishment required by section 18.16.070.030 above shall be filed with the City and deemed complete pursuant to section 18.16.070.030 within six (6) months of the effective date of Ordinance No. ______.   8 55402.00039\29315255.1   .0308 .0317 If the operator is not certified with the California Massage Therapy Council (CAMTC), tThe following additional information concerning the applicant shall also be provided: .01 The full name, date of birth, current residential address, business address, and telephone numbers. .02 Acceptable proof that the applicant is at least eighteen (18) years of age. .03 California driver’s license number or California identification number, and social security number or resident alien number, if any. .04 Any other names or aliases, including nicknames, used within five years of the date of filing the application. .05 Height, weight, color of hair and eyes, and gender. .06 Three (3) front faced portrait photographs at least two inches (2”) by two inches (2”) in size. .06 The applicant’s complete business, occupation and employment history for five (5) years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant. .07 The complete permit history of the applicant including, but not limited to massage or similar business; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; or whether a vocational or professional license or permit was denied, revoked or suspended, and the reason(s) therefor. .08 All criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor. .09 Whether the applicant has ever been convicted of any crime specified in Government Code section 51032. .07 10 A complete set of fingerprints taken by the Police Department.   9 55402.00039\29315255.1   .11 The name and address of any massage business or other establishment currently owned or operated by the applicant wherein the business of massage is conducted. .035 Right to Privacy. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code sections 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant’s residence address and telephone number, the applicant’s date of birth and/or age, the applicant’s driver’s license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing system set forth herein has determined in accordance with Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality, or security interests are protected. The City Manager shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above. .040 Operator’s Permit Issuance and Denial. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within tenthirty (130) business days of receipt of an application, provide a recommendation to the Planning Director to approve or deny the application. The ten (10) day period may be extended for up to thirty (30) additional days, if necessary, to complete the investigation. The Chief of Police shall directrecommend approval of the application the Planning Director to issue such permit as requested, unless the Chief of Police makes any of the following findings: .0401 The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person proposed to be or employed in the massage establishment, has, within ten (10) years preceding the date of the application either: .01 Been convicted of a violation of California Penal Code Sections 236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any   10 55402.00039\29315255.1   lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; .02 Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; .03 Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses; .04 Engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation of an operator's permit under this section; .05 Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; .06 Engaged in conduct which would constitute an offense as described in subparagraph .01 above; .07 Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this section, would be grounds for denial, suspension or revocation of the permit; .08 Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; .09 Had a massage operator permit, massage technician permit, CAMTC certificate or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County, City and County or State. .10 Employed or used massage technicians without valid CAMTC certificates. .0402 The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. .0403 The application does not contain all of the information required by Section 18.16.070.030.   11 55402.00039\29315255.1   .0404 The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. .0405 The applicant has not satisfied the requirements of this Section 18.16.070 in the time specified. .0406 If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of six (6) twenty-four (24) months from the date the application was denied. .050 Massage Establishment Operating Requirements. Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements: .0501 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, or employee shall massage the genitals, gluteal fold, or anal area, of any patron or the breast(s) of any female patron, nor shall any operator or Responsible Employee of a massage establishment allow or permit such massage. No massage operator or designated Responsible Employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or in the case of a female, her breast(s), are fully covered. .0502 In no circumstance shall any owner, operator, responsible managing employee, manager, licensee, employee or independent contractor expose any specified anatomical parts, as defined by Section 18.54.020, to another person or persons while at the massage establishment. .0503 In no circumstance shall any specified sexual activities, as defined by Section 18.54.020, take place at any time at the massage establishment. .0504 No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office. .0505 There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, as defined by Section 18.54.020, including, but not limited to, all sex- oriented material and merchandise as defined by Section 18.54.020 (I) and (J). .0502 .0506 No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit.   12 55402.00039\29315255.1   .0503 .0507 All massage establishments required to be licensed under this section shall have a Responsible Employee on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons with power to act as a Responsible Employee. The operator and/or on duty Responsible Employee shall post, on a daily basis, the name of each on duty Responsible Employee and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the Responsible Employee in the operator’s absence, shall be responsible for ensuring compliance with this section. .0504 .0508 No establishment shall be open for business without having a valid operator’s permit and at least one on-duty massage technician holding a current valid CAMTC certificate permit for the specific establishment on the premises, and on duty, at all times when said establishment is open. .0505 .0509 The operator and/or designated Responsible Employee shall ensure the massage establishment permit and the massage technician permit or CAMTC certificate for each on-duty massage technician, alongside a color copy of the corresponding technician’s photograph is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on his or her person the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. .0506 .0510 An operator and/or on duty Responsible Employee shall be responsible for the conduct of all employees while they are on the licensed premises. All persons found working in the massage establishment shall be considered employees of the operator, including independent contractors and unpaid volunteers. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed. .0507 .0511 No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid massage technician permit from the City CAMTC issued prior to the adoption of this Ordinance No. 6245 ___________or CAMTC certificate. Every operator or Responsible Employee shall report to the Planning Director any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Planning Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. The operator shall deliver the permit and photo identification card issued pursuant to this section of any massage technician no longer employed by the operator to the Planning Director within five (5) days. If   13 55402.00039\29315255.1   the new employee is a massage technician, the operator shall deliver a copy of the new technician’s photo identification card and CAMTC certificate to the Planning Director within five (5) business days. .0508 .0512 All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material, and shall provide complete covering from mid-thigh to three (3) inches below the collar bone. .0509 .0513 The operator and/or on duty Responsible Employee shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, telephone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or Responsible Employee on duty shall make the register of employees available immediately as soon as reasonably possible for inspection by the City’s Police Department and Code Enforcement Division upon demand of a representative of the police department at all reasonable times. 0514 No massage establishment may be located within a radius of 500 feet of another massage establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. If two or more massage establishments are located within 500 feet of each other on ________ [Insert the effective date of this ordinance], the massage establishment first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of this paragraph .0514, and the later established use(s) shall be deemed nonconforming to the locational requirement. No nonconforming massage establishment shall be increased, enlarged, extended or altered in size or area. .0515 If a nonconforming massage establishment becomes vacant and remains unoccupied for a continuous period of sixty (60) days or more, the Planning Director shall determine and notify the owner of the massage establishment in writing that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished. .0510 .0516 The operator shall comply with all provisions of this chapter and any applicable provisions of this Code. .060 Massage Technician Permit. No person shall perform or administer a massage, or advertise to provide massage services in the City, unless such person has in effect a valid CAMTC certificate or   14 55402.00039\29315255.1   was issued a valid massage technician permit by the City of Anaheim prior to the adoption of this Ordinance No. 6245___________. .070 Massage Technician Requirements. All massage technicians shall comply with the following conditions: .0701 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or in the case of a female, her breast(s) are fully covered at all times. .0702 No massage technician shall massage any patron unless the person's genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron. .0703 The massage technician shall wear or have on his or her person a photo identification card prepared and issued by the CityCAMTC , if applicable, or the California Massage Therapy Council at all times when present in the massage establishment; such identification shall be provided to City regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician holding a permit issued by the City CAMTC changes his or her business address, the technician must obtain a CAMTC certification prior to offering massage services at the new business address. , he or she shall, prior to such change, pay the appropriate fee and obtain from the Planning Director a new photo identification card. .0704 Massage technicians shall not perform any massage at any location other than the location specified on the permit. 0705 While on duty, the massage technician shall not use any name other than that specified on the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council. .0706 Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone. Additionally, massage attendants shall not dress in the following manner while engaging in the practice of massage or while visible to clients in a massage establishment:   15 55402.00039\29315255.1   .01 In attire that is transparent, see-through, or substantially exposes the massage technician’s undergarments. .02 In swim attire. .03 In a manner that exposes the massage technician’s specified anatomical parts, as defined by Section 18.54.020. .04 In a manner that constitutes a violation of Section 314 of the Penal Code. .05 In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California. .0707 The massage technician consents to the inspection of the massage establishment by the City’s Code Enforcement Division, Building and Safety Division, Fire Department and Police Department, and the Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.1214 which would require the posting of the Notice to All Patrons. .0708 No massage technician shall advertise services that would constitute a violation of any requirements of this chapter. .080 Requirements of Operation. .0801 Facilities. .01 Windows. The storefront windows of the massage establishment shall be transparent to provide clear visibility into the reception area of the unit. The windows shall not be obscured by curtains, blinds, tint, or other temporary devices during operating hours. .01 .02 Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City. Each operator and/or on duty Responsible Employee shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted in the front window and clearly visible from the outside. The operator and/or on duty Responsible Employee must also post, on a daily basis   16 55402.00039\29315255.1   in a conspicuous public place in the lobby, the name of the operator and/or on duty Responsible Employee as well as all on-duty massage technicians .02 .03 Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee, shall permit, and no massage technician shall offer or perform, any service other than those posted. No services that would constitute a violation of this Chapter or any other law shall be posted. .03 .04 Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one (1) forty (40) watt white light bulb and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. .04 .05 Restroom Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap shall be used. A trash receptacle shall be provided in each restroom. No bathtubs shall be allowed. .05 .06 Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons. Separate massage rooms shall be provided for couples massage if offered at a massage establishment. Rooms providing couples massage shall be separated from all other rooms and areas of the massage establishment by an opaque door, such that no activities occurring within a room offering couples massage are visible to other patrons of the massage establishment. .06 .07 Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas. .07 .08 Massage Table or Chair. A massage table or chair shall be provided in each massage room and the massage shall be performed on this massage table or chair. The tables should have a minimum height of eighteen inches (18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a maximum width of four feet (4') may be used on a massage table and must be   17 55402.00039\29315255.1   covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. .09 If an establishment is proposing the use of table showers in the facility, the entire massage room where the table shower is located shall be designed and built as a shower facility. The floor and walls shall be designed and built to be waterproof per California Building Code requirements and the room shall drain properly per the California Building Code. .0802 Operations. .01 Equipment. Each operator and/or on duty Responsible Employee shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. .02 Inspections. The operator and/or on duty Responsible Employee consents to the inspection of the massage establishment by the City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. (a) The City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make an unannounced inspections of each massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met. Routine inspections shall not occur more than twice a year, unless violations are found or complaints are received. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this section are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.1214 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees. (b) Inspections of the massage establishment shall be conducted during business hours. (c) A person who operates a massage establishment or his or her agent, servant or employee commits a violation of this chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Building and Safety Division, Code Enforcement Division, Fire Department, or Police Department, Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage   18 55402.00039\29315255.1   establishments, or any aspects of the premises or business, at any time it is occupied or open for business. .03 Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked “clean linen” and “soiled linen” and shall have doors or covers. Only full-size bath towels or sheets shall be used in the massage process. .04 Residing in Establishment Prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Orange. .05 Alcoholic Beverages/Drugs. No person shall enter, be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator and Responsible Employee shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises. Service of alcoholic beverages shall not be permitted. .06 Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron. .07 Roster. The owner, operator or on-duty Responsible Employee of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the Responsible Employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept on the massage establishment premises and be available for immediate inspection by officials charged with enforcement of this section. .08 Minimum age. No person shall give, or assist in giving, any massage to any other person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing. .09 Record. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with   19 55402.00039\29315255.1   enforcement of this chapter, as authorized by law or court order. Such records shall be kept on the premises of the massage establishment for a period of two (2) years. .08 .10 Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' genitals, gluteal fold, anus and female breast(s). No common use of such coverings shall be permitted and re-use is prohibited unless laundered or otherwise sanitized between each use. .09 .11 Hours of operation. The owner must advise the City, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of 1210:00 p.m. midnight and 6:00 a.m. A massage begun any time before 12:0010:00 p.m. midnight must terminate at or before 1210:00 midnightp.m.. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. .10 .12 Advertising. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter, nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter, or that services are available that would constitute a violation of any laws. .11 .13 Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door. .12 .14 Notices. The Chief of Police Planning Director may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or court conviction, to have violated any of the provisions listed in Sections 18.16.070.40 and 18.16.070.070:   20 55402.00039\29315255.1   NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ANAHEIM POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE. (a) The notice set forth above shall be prepared and issued by the Chief of PolicePlanning Director. (b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. The notice shall be so posted for twelve (12) months following the determination of any such violation, or date of conviction, of any of the offenses set forth above. (c) The requirement for posting the notice described in this Section is cumulative and in addition to all other civil and criminal remedies and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the City of Anaheim, County of Orange and the State of California. .090 Change of Business. .0901 Every massage establishment operator shall report immediately to the Planning Director any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of Responsible Employee or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers and directors of the corporation, partners of the partnership, including limited partners and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any of the premises may be approved by the Chief of Police provided there is compliance with all applicable regulations of the City. .0902 No massage operator’s permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Planning Director, shall be placed in the name of the surviving partners. A massage operator’s permit issued to a corporation shall be deemed terminated and void when five percent (5%) or more of the stock of the corporation is sold, transferred or assigned after the issuance of a permit. No   21 55402.00039\29315255.1   massage technician permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. .0903 If a massage establishment ceases operation due to any violation of this Chapter, no new massage establishment may be established at the same location for twenty four (24) months from the date the massage establishment ceases operating. .100 Exemption; Existing Permittees. .1001 The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any persons designated as follows: .01 State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses, licensed vocational nurses, acupuncturists or other persons without qualifications as massage technicians and without first obtaining a massage technician permit CAMTC certificationpursuant to this chapter, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. .02 Barbers, estheticians, and beauticians who are duly licensed under the laws of the State of California while engaging in the practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp, hands, feet and hair of the customer or client. .03 Persons administering a chair massage as defined in this chapter, provided that the Planning Director receives a letter from the property or business owner of the location where the chair massage is to be administered stating his/her/its knowledge and approval of the chair massage, the location where the chair massage will take place, the dates and hours the chair massage will be conducted, the identity of the person (s) administering the chair massage and that only a recognized massage chair will be used. .04 Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment. .05 Certified athletic trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events.   22 55402.00039\29315255.1   .06 Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the State of California. .1002 Commencing on the effective date of this chapter, all permits are to be issued in accordance with the provisions of this chapter. .110 Transfer and Duration of Permits. .1101 No permit issued hereunder shall be transferable to any other person or establishment. .1102 It shall be the responsibility of the operator to ensure that all technicians conducting massage on the premises are continually licensed by the CAMTC. The operator shall be required to show evidence that massage technicians operating within their facility hold a valid CAMTC certificate at the time of business license renewal. .1103 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter. .120 Violation and Penalty. .1201 Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370. .1202 Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. SECTION 4. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use Overlay Zone) of Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended in part to read as follows:   23 55402.00039\29315255.1   Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Personal Services– General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150. Massage subject to §18.16.070 except massage not permitted within Live/Work Units. SECTION 5 That Section 3.32.09018.24.070 (Massage Establishment and Massage OperatorsNeighborhood Commercial District and Neighborhood Commercial- Mixed District) of Chapter 3.3218.24 (Miscellaneous Business ActivitiesSouth Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 3 18 (Business LicensesZoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full in part as follows: 18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL- MIXED DISTRICT. Within the area designated as a Neighborhood Commercial District or the Neighborhood Commercial- Mixed District, the provisions of Chapter 18.08 (Commercial Zones) for the Neighborhood Center Commercial ("C-NC") Zone shall apply, except as otherwise specified. .010 In addition to the uses permitted by the underlying zone or prohibited by this chapter, the following buildings, structures and uses, either singly or in combination, are permitted: .0101 Development of mixed commercial uses with residential units above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, except as amended by this chapter. For projects with mixed residential and commercial uses, CC&Rs shall be prepared for each project. Massage establishments shall not be permitted within Live/Work Units. .0102 Development of mixed commercial uses with senior citizen apartments above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, and Chapter 18.50 (Senior Citizens Apartment Projects), except as amended by this chapter. .0103 Development of Boulevard Residential uses in conformance with Section 18.24.060. .0104 Alcoholic Beverage Manufacturing uses in conformance with Section 18.38.025 (Alcoholic Beverage Manufacturing) on properties located on the east side of Anaheim Boulevard between Broadway and Ellsworth Avenue whose underlying zoning is “I” (Industrial).   24 55402.00039\29315255.1   SECTION 6. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended in part to read as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Personnel Services– General P Massage subject to §18.16.070 except massage not permitted within Live/Work Units. SECTION 7. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use [DMU] Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended in part to read as follows: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Personal Services–General P/N On-site dry cleaning and laundromats are not allowed. Massage subject to §18.16.070 except massage not permitted within live/work units. SECTION 8. That Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to change the following definition: “Massage Establishment.” Any business conducted within the City where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths, including foot massages. For hotels and motels, the massage   25 55402.00039\29315255.1   establishment may include common areas on the hotel premises such as the pool area when the massage is conducted by licensed massage technicians in accordance with the massage establishment permit issued for the hotel or motel. Mobile massage operations are not included within this definition and are not permitted within the City. SECTION 9. That Section 18.92.210 ("R" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to delete the following definition: "Recognized School of Massage." Any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies with the California Education Code section 94310 or 94311, and which requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed a recognized school of massage. SECTION 10. That Section 18.108.050 040 (Development Standards) of Chapter 18.108 (Festival Specific Plan No. 90-1 [SP 90-1] Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to ___________: .020 General Standards. Except as otherwise specifically set forth herein, the standards of the Scenic Corridor Overlay Zone shall apply. The use, building and structural height, setback, improvement of setback, landscaping and roof projection requirements set forth in this subsection 18.108.04018.108.040.020 shall apply in each of the four development areas, unless otherwise stated therein. (a) Permitted Uses. Uses listed as permitted accessory uses and permitted temporary uses in Section 18.08.030 (Uses) for the C-NC Neighborhood Center Commercial Zones in Chapter 18.08 (Commercial Zones) and the following and substantially similar uses shall be permitted in all development areas: 1. Antique shop; 2. Automobile rental agencies (office only, with no on-site car display or car storage); 3. Bakery; 4. Barber/beauty shops; 5. Bicycle shops; 6. Book stores; 7. Bowling, pool or billiard centers; 8. Broadcasting studio; 9. Business offices/agencies; 10. Candy stores;   26 55402.00039\29315255.1   11. Carpet and rug sales and installation; 12. Catering establishments; 13. China and glassware stores; 14. Cigar and smoke shops; 15. Clothing or apparel stores; 16. Commercial retail centers; 17. Conservatoire studios; 18. Convenience food stores (not in connection with gasoline sales); 19. Curtain and drapery shops; 20. Department stores; 21. Drug stores; 22. Electrical equipment sales and repair shops; 23. Fabric shops; 24. Fast food restaurants – Development Areas 1 and 2: two (2) drive-throughs maximum, one (1) on Pad D and one (1) on another pad in Development Area 1 or 2, and an additional seven thousand five hundred (7,500) square feet maximum of fast food space in the main tenant area of Development Areas 1 and 2; 25. Financial institutions with walkup windows/ automatic teller machines; 26. Financial institutions with drive-through: Maximum of three (3) in Development Areas 1 and 2. To be located on Pad E and on two (2) other pads in Development Area No. 1 or 2; 27. Floor covering shops; 28. Florists; 29. Furniture stores; 30. Health spas and physical fitness centers up to four thousand (4,000) square feet; 31. Hobby shops; 32. Home improvement stores; 33. Interior decorators; 34. Jewelry stores; 35. Dry cleaning services; 36. Leather goods and luggage stores; 37. Liquor stores; 38. Locksmiths; 39. Massage Establishments subject to Section 18.16.070; 3940. Meat markets; 4041. Medical/dental offices; 4142. Musical instrument sales and repair shops; 4243. Music stores; 4344. Newspaper and magazine stores; 4445. Office business machine and computer component stores; 4546. Optical and optometrical offices/shops; 4647. Paint, glass and wallpaper stores; 4748. Pinball and electronic game arcades (pursuant to an arcade permit); 4849. Record, tape and video stores; 4950. Rental services;   27 55402.00039\29315255.1   5051. Reproduction service businesses, including but not limited to, messenger services, wire services, blueprinting, drafting, job printing, microfilming, etc.; 5152. Retail supply stores, including but not limited to, vehicle accessories and parts, books, hardware, pet shops, photographic, sporting goods, tobacconists, toys, yardage, etc.; 5253. Secretarial or answering services; 5354. Shoe stores; 5455. Sit-down restaurants, with or without alcohol; 5556. Specialty food stores, such as delicatessens, cookie stores, yogurt shops and other specialized retail food stores; 5657. Supermarkets, markets and groceries; 5758. Travel agencies; 5859. Typewriter sales and service; 5960. Veterinary clinics, non-boarding; and 6061. Watch and clock sales and repair shops. SECTION 11. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 12. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 13. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and   28 55402.00039\29315255.1   adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM   1 55402.00039\29315255.1   ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 3 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE LICENSING, SITING AND OPERATION OF MASSAGE ESTABLISHMENTS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTIONS 15060(C)(2) AND 15060(C)(3) OF THE STATE CEQA GUIDELINES, BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT AND IS NOT A PROJECT, AS DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES. WHEREAS, pursuant to the will of the electorate as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim (“City Council”) has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the California Massage Therapy Council, a state-organized nonprofit organization with regulatory authority over the certification of massage technicians and practitioners throughout the State of California; and WHEREAS, Senate Bill 731 also limited the City’s regulatory authority over massage establishments that exclusively hire State-certified massage technicians, preempting most local licensure and permitting requirements and land use regulations; and WHEREAS, the City amended the Anaheim Municipal Code (“AMC”) to comply with the regulations set forth in Senate Bill 731; and ATTACHMENT NO. 2   2 55402.00039\29315255.1   WHEREAS, Senate Bill 731 has been widely criticized by local agencies as providing massage businesses with almost unprecedented protection from local zoning and land use authority, and interfering with local law enforcement efforts to close massage businesses that allow prostitution and other illegal activities; and WHEREAS, prior to the passage of Senate Bill 731, there were approximately 10 massage establishments operating in the City. Following the passage of Senate Bill 731, a total of 68 massage establishments have now located in the City; and WHEREAS, the increased number of massage establishments that have located in the City have resulted in an increase of police and code enforcement calls and services to many of those massage establishments. Some of those establishments are suspected of allowing sexually explicit activity to occur on the premises, including prostitution; and WHEREAS, during City inspections of existing massage establishments, City inspectors have found violations including illegal tenant improvements to create massage rooms, including plumbing for table showers; unauthorized massage technicians and personnel; violations of employment and labor laws, including establishments’ failure to secure worker’s compensation insurance; unsanitary facility conditions, including unwashed sheets, trash, and used contraceptive devices; massage technicians dressed inappropriately, including the exposure of specified anatomical parts; establishments operating beyond approved hours of operation; persons using the establishments as a residence, installation of illegal signage; and employees refusing to allow City inspections of the establishments; and WHEREAS, the violations noted above are harmful for the establishment patrons, employees, and the public generally as they require additional enforcement hours by code enforcement and police officers; and WHEREAS, there is evidence in other jurisdictions that massage establishments serve as fronts for prostitution or human sex trafficking. The potential for criminal and unsafe activity at massage establishments is particularly concerning given that some massage establishments in the City are located within proximity to places where families congregate, such as restaurants and shopping areas; and WHEREAS, law enforcement action in other jurisdictions to investigate and identify such criminal activity at massage parlors have, in many cases, exposed criminal activity to occur outside normal business hours; and WHEREAS, increased visibility into storefronts creates a sense of safety for customers and passersby, encourages transparent business operations, and better enables code enforcement and policing efforts, while decreased visibility into storefronts may serve as a cover for criminal or unsafe activity described above; and WHEREAS, evidence from other jurisdictions, as well as experience in the City has shown that there is a higher probability for illicit activities and negative secondary effects resulting from   3 55402.00039\29315255.1   massage establishments, including prostitution and human trafficking, when multiple establishments are located in the same shopping center or in close proximity to each other. Such proximity have been seen attract massage establishments, operators, and massage technicians that are more likely to violate the law and engage in illicit activities. Moreover, the City has an interest in supporting and encouraging a diversity and mix of commercial uses in a given shopping center or area; and WHEREAS, motels have been shown to attract and enable criminal and unsafe activity similar to that described above, including prostitution. Thus operation of a massage establishment within a motel would augment the potential for such criminal or unsafe activity; and WHEREAS, mobile massage operations (i.e., massage operations with mobile units or that make house calls) attract the criminal and unsafe activity described above, but also present greater hindrances to consumer protection and code enforcement due to the transient nature of the business and operation of the business in customers’ homes and/or places of business; and WHEREAS, individuals convicted in the last 10 years of criminal activity similar in nature as described above have, by virtue of the conviction, demonstrated an inability to garner the confidence necessary from of the City and the community to operate an massage establishment in a manner that conforms to the law and contributes to the economy; and WHEREAS, code enforcement and policing efforts in other jurisdictions have found that illegal massage operations that are shut down are often replaced by similar illegal massage operations in the same location. There are significant affects from allowing illegal massage operations to remain at a given site. Impacts include decreased consumer confidence in the legal operation of future massage establishments at the site, decreased consumer confidence in the neighboring businesses, and confusion among customers regarding the any connection between the closed illegal operation and a new legal operation, and detrimental effects on all surrounding businesses; and WHEREAS, the illicit and illegal activities detailed in the above recitals at massage establishments in the City pose health and safety threats to the establishments, its operators, employees, patrons, surrounding businesses, and the public; and WHEREAS, Assembly Bill 1147 was created in response to criticism against Senate Bill 731 and allows local agencies to impose reasonable zoning, business licensing, and health and safety requirements on massage establishments. Assembly Bill 1147 went into effect on January 1, 2015; and WHEREAS, the City wishes to amend the Anaheim Municipal Code to ensure that the City regulates massage establishments in compliance with the provisions of Assembly Bill 1147; and WHEREAS, the City is also authorized by Government Code Section 51030 et seq., to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians, and reasonable conditions on the operation of the massage establishments; and   4 55402.00039\29315255.1   WHEREAS, the public peace, health, safety, and welfare require revisions to AMC ordinances relating to massage establishments and massage technicians to ensure that nuisance activities occurring at massage establishments in the City are properly regulated and cease; and WHEREAS, the fees required by the ordinance have been studied and generated in conformance with the California Mitigation Fee Act (Cal. Gov’t Code §§ 66000 et seq.); and WHEREAS, the Planning Commission conducted a public hearing on the proposed Zoning Code Amendment _______ at a regular meeting on ____________, 2016, in accordance with AMC Section _____________, and recommended that the City Council approve Zoning Code Amendment ___________and approve this Ordinance; and WHEREAS, the City Council conducted a public hearing on the proposed Zoning Code Amendment __________ at a regular meeting on ________, 2016, in accordance with AMC Section ____________; and WHEREAS, the City Council determines that this ordinance is a valid exercise of the local police power and in accordance with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Anaheim City Council hereby finds and determines that the above recitals are true and correct and incorporated herein. SECTION 2. Section 3.32.090 (Massage Establishment and Massage Operators) of Chapter 3.32 (Miscellaneous Business Activities) of Title 3 (Business Licenses) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 3.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS. Every person who operates or maintains a massage establishment for which a massage establishment operator’s permit is required pursuant to Chapter 18.16 of this Code, and every person who engages in the business of providing, conducting, administering or carrying on any kind or character of massage (other than as the employee of a massage establishment for which a massage establishment operator’s permit is required pursuant to Chapter 18.16 of this Code), shall pay an annual business license fee of three hundred dollars ($300). This section shall not apply to those persons who are otherwise exempt from the permit requirements set forth in Chapter 18.16 of this Code.   5 55402.00039\29315255.1   SECTION 3. Section 18.16.070 (Massage Establishments) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.070 MASSAGE ESTABLISHMENTS. .010 Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of massage establishments and their massage technicians and employees in the City. .020 Operator’s Permit Required. No person shall operate a massage establishment within the City without first obtaining an operator’s permit pursuant to Sections 18.16.070.030 and 18.16.070.040 of this chapter. The operator’s permit required by this section shall be in addition to any business license required by this Code. Mobile massage operations are not permitted within the City. All massage activities must occur within a massage establishment as permitted by this chapter. Massage facilities are prohibited within Motels as defined in Section 18.92.160 except as permitted in Chapter 18.114 Disneyland Resort Specific Plan No. 92-1, Chapter 18.116 Anaheim Resort Specific Plan No. 92-2 and Chapter 18.118 Hotel Circle Specific Plan No. 93-1. .030 Application for Operator’s Permit. Any person desiring an operator’s permit for a massage establishment shall file a written application on the required form with the Planning Director who shall refer all such applications to the Chief of Police who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the owner of the proposed massage establishment, if a sole proprietorship; one general partner, if the owner is a partnership; one officer or one director, if the owner is a corporation; and one participant, if the owner is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such operator’s permit has been approved as provided in Section 18.16.070.040 of this section. The application shall be deemed complete if it contains or is accompanied by the information required as identified below and in the application approved by the Planning Director. .0301 The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer for purposes of operating the massage establishment on behalf of the corporation or partnership. Such designated person shall complete and sign all application forms required for an individual applicant under this section, but only one application fee shall be   6 55402.00039\29315255.1   charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator’s permit shall be suspended until a responsible managing officer who meets all such requirements is designated. If no such person is named within ninety (90) days, the operator’s permit shall be deemed canceled and a new application for an operator’s permit, accompanied with the appropriate filing fee, must be filed. The managing officer may be different from the Responsible Employee of the massage establishment defined in Section 18.92.210 of this Title. .0302 The present or proposed address where the business is to be conducted. .0303 The type of ownership of the business (i.e., sole proprietorship, partnership, corporation, etc.). .0304 The exact name, including any fictitious name, if applicable, under which the business is to be operated. .0305 A detailed description of all services to be provided at the massage establishment. If the list of services required to be posted pursuant to Section 18.16.070.080.0801.02 of this chapter is to be in any language other than English, such list must accompany the application for the operator's permit. Any changes to such list after the issuance of the operator’s permit must be submitted to the Planning Director within ten (10) days after such changes are made. .0306 If applicable, a copy of the California Massage Therapy Council (“CAMTC”) certificate and photo identification issued to the Applicant by the California Massage Therapy Council pursuant to Section 4600, et seq. of the California Business and Professions Code. If applicable, the expiration date of the CAMTC certificate must be indicated. .0307 A complete list of the names, including any pseudonym, alias(es), alternate name(s), or nickname(s), and residential addresses of all massage technicians, employees, independent contractors and attendants in the business; the name and residential address of the Responsible Employee principally in charge of the operation of the business; and the names and residential addresses of all principals of the business. .0308 A copy of the CAMTC certificate and photo identification issued by the California Massage Therapy Council pursuant to Section 4600, et seq., of the California Business and Professions Code for each person or employee of the Massage Establishment that will provide massage services. If applicable, the expiration date of the CAMTC certificate held by each person or employee of the Massage Establishment that will provide massage services must be indicated.   7 55402.00039\29315255.1   .0309 The name and address of the record owner of the real property upon or in which the massage establishment is to be conducted. If the applicant does not own the lot or parcel on which the massage establishment will operate, the owner shall consent to the filing of the application by signing and dating the application, and the applicant shall provide a notarized copy of the lease or rental agreement. .0310 A sketch or diagram showing the complete interior configuration of the business, including without limitation the location of the restrooms, massage rooms, customer areas, employee only designated areas, and any facility requirements as identified in Section 18.16.080.0801. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale, with marked dimensions of the interior of the premises to an accuracy of plus or minus twelve inches. .0311 Written authorization for the City, its agents, and employees to seek verification of the information contained in the application. .0312 If the applicant is an individual he/she shall sign the application under penalty of perjury that all the information contained in the application is true and correct. If the applicant is other than an individual, the responsible managing officer shall sign the application under penalty of perjury that all the information contained in the application is true and correct. .0313 A signed notarized statement that the Responsible Employee shall be responsible for the conduct of all employees, massage technicians and independent contractors working on the premises of the massage establishment and that failure to comply with California Business and Professions Code Section 4600 et seq., with any local, state, or federal law, or with the provisions of this chapter or Title 20 may result in the revocation of the City-issued permit. .0314 Such other identification and information as may be necessary and required by the City in its sole discretion to verify the truth of the matters hereinabove specified as required to be set forth in the application. .0315 If, during the term of a permit, any of the information submitted on the original or renewal application changes, the operator or Responsible Employee shall notify the Planning Director of such change within ten (10) business days thereafter, in writing. .0316 For any massage establishment in operation prior to the adoption of Ordinance No. ______, a new written application for an operator’s permit for a massage establishment required by section 18.16.070.030 above shall be filed with the City and deemed complete pursuant to section 18.16.070.030 within six (6) months of the effective date of Ordinance No. ______.   8 55402.00039\29315255.1   .0317 The following additional information concerning the applicant shall also be provided: .01 The full name, date of birth, current residential address, business address, and telephone numbers. .02 Acceptable proof that the applicant is at least eighteen (18) years of age. .03 California driver’s license number or California identification number, and social security number or resident alien number, if any. .04 Any other names or aliases, including nicknames, used within five years of the date of filing the application. .05 Height, weight, color of hair and eyes, and gender. .06 The applicant’s complete business, occupation and employment history for five (5) years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant. .07 The complete permit history of the applicant including, but not limited to massage or similar business; whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; whether the permit or license was denied, revoked or suspended; or whether a vocational or professional license or permit was denied, revoked or suspended, and the reason(s) therefor. .08 All criminal convictions, including pleas of nolo contendere, within the last ten (10) years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason and sentence therefor. .09 Whether the applicant has ever been convicted of any crime specified in Government Code section 51032. .10 A complete set of fingerprints taken by the Police Department. .11 The name and address of any massage business or other establishment currently owned or operated by the applicant wherein the business of massage is conducted. .035 Right to Privacy. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code sections 6250 et seq., certain portions of such application   9 55402.00039\29315255.1   contain information vital to the effective administration and enforcement of the licensing scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant’s residence address and telephone number, the applicant’s date of birth and/or age, the applicant’s driver’s license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing system set forth herein has determined in accordance with Government Code section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality, or security interests are protected. The City Manager shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above. .040 Operator’s Permit Issuance and Denial. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within thirty (30) business days of receipt of an application, provide a recommendation to the Planning Director to approve or deny the application. The Chief of Police shall recommend approval of the application unless the Chief of Police makes any of the following findings: .0401 The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person proposed to be or employed in the massage establishment, has, within ten (10) years preceding the date of the application either: .01 Been convicted of a violation of California Penal Code Sections 236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 266i, 314, 315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes; .02 Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058; .03 Been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;   10 55402.00039\29315255.1   .04 Engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial, suspension or revocation of an operator's permit under this section; .05 Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California; .06 Engaged in conduct which would constitute an offense as described in subparagraph .01 above; .07 Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a permittee under this section, would be grounds for denial, suspension or revocation of the permit; .08 Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; .09 Had a massage operator permit, massage technician permit, CAMTC certificate or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any City, County, City and County or State. .10 Employed or used massage technicians without valid CAMTC certificates. .0402 The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application process. .0403 The application does not contain all of the information required by Section 18.16.070.030. .0404 The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. .0405 The applicant has not satisfied the requirements of this Section 18.16.070 in the time specified. .0406 If the application is denied due to a false, misleading or fraudulent statement in the application, the applicant may not reapply for a period of six (6) twenty-four (24) months from the date the application was denied.   11 55402.00039\29315255.1   .050 Massage Establishment Operating Requirements. Each operator and Responsible Employee of any Massage Establishment shall comply with the following requirements: .0501 Except to the extent required, in writing, by a state licensed medical practitioner, no massage technician, or employee shall massage the genitals, gluteal fold, or anal area, of any patron or the breast(s) of any female patron, nor shall any operator or Responsible Employee of a massage establishment allow or permit such massage. No massage operator or designated Responsible Employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or in the case of a female, her breast(s), are fully covered. .0502 In no circumstance shall any owner, operator, responsible managing employee, manager, licensee, employee or independent contractor expose any specified anatomical parts, as defined by Section 18.54.020, to another person or persons while at the massage establishment. .0503 In no circumstance shall any specified sexual activities, as defined by Section 18.54.020, take place at any time at the massage establishment. .0504 No massage establishment employing a massage technician shall be equipped with tinted or one-way glass in any room or office. .0505 There shall be no display, storage, or use of any instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, as defined by Section 18.54.020, including, but not limited to, all sex- oriented material and merchandise as defined by Section 18.54.020 (I) and (J). .0506 No person granted a permit pursuant to this section shall use any name or conduct business under any designation not specified in his or her permit. .0507 All massage establishments required to be licensed under this section shall have a Responsible Employee on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the Planning Director designating the person or persons with power to act as a Responsible Employee. The operator and/or on duty Responsible Employee shall post, on a daily basis, the name of each on duty Responsible Employee and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the Responsible Employee in the operator’s absence, shall be responsible for ensuring compliance with this section. .0508 No establishment shall be open for business without having a valid operator’s permit and at least one on-duty massage technician holding a current valid CAMTC certificate at all times when said establishment is open.   12 55402.00039\29315255.1   .0509 The operator and/or designated Responsible Employee shall ensure the massage establishment permit and the CAMTC certificate for each on-duty massage technician, alongside a color copy of the corresponding technician’s photograph is conspicuously displayed in a public place in the lobby and that each massage technician is wearing or has on his or her person the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council at all times when in the massage establishment. Such identification shall be provided to City regulatory officials upon demand. .0510 An operator and/or on duty Responsible Employee shall be responsible for the conduct of all employees while they are on the licensed premises. All persons found working in the massage establishment shall be considered employees of the operator, including independent contractors and unpaid volunteers. Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's permit shall be revoked, suspended, denied or renewed. .0511 No operator or Responsible Employee shall employ any person as a massage technician who does not have a valid CAMTC certificate. Every operator or Responsible Employee shall report to the Planning Director any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Planning Director. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. The operator shall deliver the permit and photo identification card issued pursuant to this section of any massage technician no longer employed by the operator to the Planning Director within five (5) days. If the new employee is a massage technician, the operator shall deliver a copy of the new technician’s photo identification card and CAMTC certificate to the Planning Director within five (5) business days. .0512 All persons employed in the massage establishment shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material, and shall provide complete covering from mid-thigh to three (3) inches below the collar bone. .0513 The operator and/or on duty Responsible Employee shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, telephone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information on each employee shall be maintained in the register on the premises for a period of two (2) years following termination. The operator and/or Responsible Employee on duty shall make the register of employees available immediately for inspection by the   13 55402.00039\29315255.1   City’s Police Department and Code Enforcement Division upon demand of a representative of the police department at all reasonable times. 0514 No massage establishment may be located within a radius of 500 feet of another massage establishment, as measured in a straight line, from the nearest point of the premises where said massage establishment is conducted to the nearest property line of any lot or legal parcel upon which a massage establishment is proposed to be located. If two or more massage establishments are located within 500 feet of each other on ________ [Insert the effective date of this ordinance], the massage establishment first established and continuously and lawfully operating at such location shall be deemed the use conforming to the locational requirement of this paragraph .0514, and the later established use(s) shall be deemed nonconforming to the locational requirement. No nonconforming massage establishment shall be increased, enlarged, extended or altered in size or area. .0515 If a nonconforming massage establishment becomes vacant and remains unoccupied for a continuous period of sixty (60) days or more, the Planning Director shall determine and notify the owner of the massage establishment in writing that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished. .0510 .0516 The operator shall comply with all provisions of this chapter and any applicable provisions of this Code. .060 Massage Technician Permit. No person shall perform or administer a massage, or advertise to provide massage services in the City, unless such person has in effect a valid CAMTC certificate prior to the adoption of this Ordinance No. ___________. .070 Massage Technician Requirements. All massage technicians shall comply with the following conditions: .0701 Except to the extent required, in writing by a state licensed medical practitioner, no massage technician, massage technician aide, or employee shall massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person’s genitals, gluteal fold, anus, or in the case of a female, her breast(s) are fully covered at all times. .0702 No massage technician shall massage any patron unless the person's genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron.   14 55402.00039\29315255.1   .0703 The massage technician shall wear or have on his or her person a photo identification card prepared and issued by the CAMTC, if applicable, at all times when present in the massage establishment; such identification shall be provided to City regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician holding a permit issued by CAMTC changes his or her business address, the technician must obtain a CAMTC certification prior to offering massage services. .0704 Massage technicians shall not perform any massage at any location other than the location specified on the permit. 0705 While on duty, the massage technician shall not use any name other than that specified on the photo identification card required by Section 18.16.070.070.0703 or issued by the California Massage Therapy Council. .0706 Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone. Additionally, massage attendants shall not dress in the following manner while engaging in the practice of massage or while visible to clients in a massage establishment: .01 In attire that is transparent, see-through, or substantially exposes the massage technician’s undergarments. .02 In swim attire. .03 In a manner that exposes the massage technician’s specified anatomical parts, as defined by Section 18.54.020. .04 In a manner that constitutes a violation of Section 314 of the Penal Code. .05 In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California. .0707 The massage technician consents to the inspection of the massage establishment by the City’s Code Enforcement Division, Building and Safety Division, Fire Department and Police Department, the Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the Police Department for the purpose   15 55402.00039\29315255.1   of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.14 which would require the posting of the Notice to All Patrons. .0708 No massage technician shall advertise services that would constitute a violation of any requirements of this chapter. .080 Requirements of Operation. .0801 Facilities. .01 Windows. The storefront windows of the massage establishment shall be transparent to provide clear visibility into the reception area of the unit. The windows shall not be obscured by curtains, blinds, tint, or other temporary devices during operating hours. .02 Signs. All exterior signs identifying the premises as a massage establishment shall comply with the sign requirements of the City. Each operator and/or on duty Responsible Employee shall display the operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted in the front window and clearly visible from the outside. The operator and/or on duty Responsible Employee must also post, on a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on duty Responsible Employee as well as all on-duty massage technicians .03 Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee, shall permit, and no massage technician shall offer or perform, any service other than those posted. No services that would constitute a violation of this Chapter or any other law shall be posted. .04 Lighting. Each operator shall provide in each room where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one (1) forty (40) watt white light bulb and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. .05 Restroom Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar   16 55402.00039\29315255.1   soap shall be used. A trash receptacle shall be provided in each restroom. No bathtubs shall be allowed. .06 Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons. Separate massage rooms shall be provided for couples massage if offered at a massage establishment. Rooms providing couples massage shall be separated from all other rooms and areas of the massage establishment by an opaque door, such that no activities occurring within a room offering couples massage are visible to other patrons of the massage establishment. .07 Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable. No carpeting shall be installed in any of these areas. .08 Massage Table or Chair. A massage table or chair shall be provided in each massage room and the massage shall be performed on this massage table or chair. The tables should have a minimum height of eighteen inches (18"). Two inch (2") thick foam pads with a minimum width of two feet (2') and a maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. .09 If an establishment is proposing the use of table showers in the facility, the entire massage room where the table shower is located shall be designed and built as a shower facility. The floor and walls shall be designed and built to be waterproof per California Building Code requirements and the room shall drain properly per the California Building Code. .0802 Operations. .01 Equipment. Each operator and/or on duty Responsible Employee shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. .02 Inspections. The operator and/or on duty Responsible Employee consents to the inspection of the massage establishment by the City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. (a) The City’s Building and Safety Division, Code Enforcement Division, Fire Department and Police Department and the County Health Department may, from time to time, make unannounced inspections of each   17 55402.00039\29315255.1   massage establishment for the purpose of determining that the provisions of this chapter, State law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Chief of Police. The Police Department may inspect the occupied massage rooms for the purpose of determining that the provisions of this section are met upon occurrence of any of the conditions described in Section 18.16.070.080.0802.14 which would require the posting of the Notice To All Patrons. During an inspection, the Police Department may verify the identity of all on-duty employees. (b) Inspections of the massage establishment shall be conducted during business hours. (c) A person who operates a massage establishment or his or her agent, servant or employee commits a violation of this chapter if he or she refuses to permit a lawful inspection of the premises by a representative of the Building and Safety Division, Code Enforcement Division, Fire Department, Police Department, Health Department, and any other regulatory or governmental agency with regulatory oversight related to massage technicians, massage establishments, or any aspects of the premises or business, at any time it is occupied or open for business. .03 Linen. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked “clean linen” and “soiled linen” and shall have doors or covers. Only full-size bath towels or sheets shall be used in the massage process. .04 Residing in Establishment Prohibited. No person or persons shall be allowed to live, reside or dwell inside the massage establishment at any time. No food of any kind shall be prepared for sale or sold in the establishment unless an appropriate food vending permit is granted by the County of Orange. .05 Alcoholic Beverages/Drugs. No person shall enter, be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator and Responsible Employee shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Alcoholic beverages may not be sold, served, furnished, kept, consumed, imbibed, or possessed on the premises. .06 Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron.   18 55402.00039\29315255.1   .07 Roster. The owner, operator or on-duty Responsible Employee of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage technicians and employees of the massage establishment and the name and residence addresses of the Responsible Employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept on the massage establishment premises and be available for immediate inspection by officials charged with enforcement of this section. .08 Minimum age. No person shall give, or assist in giving, any massage to any other person under the age of eighteen (18) years, unless the parent or guardian of the minor person has consented thereto in writing. .09 Record. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and telephone number of each patron, the name of the massage technician administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter, as authorized by law or court order. Such records shall be kept on the premises of the massage establishment for a period of two (2) years. .10 Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' genitals, gluteal fold, anus and female breast(s). No common use of such coverings shall be permitted and re-use is prohibited unless laundered or otherwise sanitized between each use. .11 Hours of operation. The owner must advise the City, in writing, at the time of the application for a permit of the business hours and, thereafter, of any changes in such hours. No person shall operate a massage establishment or administer a massage in any massage establishment between the hours of 10:00 p.m. and 6:00 a.m. A massage begun any time before 10:00 p.m. must terminate at or before 10:00 p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. .12 Advertising. No massage establishment granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers or clients that any service is available other than those services described in this chapter, nor shall any massage establishment employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter, or that services are available that would constitute a violation of any laws.   19 55402.00039\29315255.1   .13 Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage establishment) shall be kept unlocked during business hours. A massage establishment may lock its exterior doors during business hours if the establishment is owned by one individual with one or no employees. No massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door. .14 Notices. The Planning Director may require that the following notice be posted in the event that any employee of the massage establishment or any person who has been aided and abetted by an employee of the massage establishment has been found, after full hearing by administrative proceeding or court conviction, to have violated any of the provisions listed in Sections 18.16.070.40 and 18.16.070.070: NOTICE TO ALL PATRONS THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ANAHEIM POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING AND SAFETY DIVISION AND CODE ENFORCEMENT DIVISION WITHOUT PRIOR NOTICE. (a) The notice set forth above shall be prepared and issued by the Planning Director. (b) The notices shall be conspicuously posted in a location within the massage establishment that are easily visible to any person entering the premises and in each massage room. (c) The requirement for posting the notice described in this Section is cumulative and in addition to all other civil and criminal remedies and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the City of Anaheim, County of Orange and the State of California. .090 Change of Business. .0901 Every massage establishment operator shall report immediately to the Planning Director any and all changes of ownership or management of the massage establishment, including, but not limited to, changes of Responsible Employee or other person principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers and directors of the corporation, partners of the partnership, including limited partners and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change of location of any   20 55402.00039\29315255.1   of the premises may be approved by the Chief of Police provided there is compliance with all applicable regulations of the City. .0902 No massage operator’s permit may be sold, transferred or assigned by a permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Planning Director, shall be placed in the name of the surviving partners. A massage operator’s permit issued to a corporation shall be deemed terminated and void when five percent (5%) or more of the stock of the corporation is sold, transferred or assigned after the issuance of a permit. No massage technician permit may be sold, transferred or assigned by a permittee, or any operation of law, to any other person or persons. .0903 If a massage establishment ceases operation due to any violation of this Chapter, no new massage establishment may be established at the same location for twenty four (24) months from the date the massage establishment ceases operating. .100 Exemption. .1001 The requirements of this chapter shall have no application and no effect upon, and shall not be construed as applying to, any persons designated as follows: .01 State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered nurse working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath. Practical nurses, licensed vocational nurses, acupuncturists or other persons without qualifications as massage technicians and without first obtaining a CAMTC certification, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massage or massage procedures. .02 Barbers, estheticians, and beauticians who are duly licensed under the laws of the State of California while engaging in the practices within the scope of their licenses, except that this exception shall apply solely to the massaging of the neck, face, scalp, hands, feet and hair of the customer or client. .03 Persons administering a chair massage as defined in this chapter, provided that the Planning Director receives a letter from the property or business owner of the location where the chair massage is to be administered stating his/her/its knowledge and approval of the chair massage, the location where the   21 55402.00039\29315255.1   chair massage will take place, the dates and hours the chair massage will be conducted, the identity of the person (s) administering the chair massage and that only a recognized massage chair will be used. .04 Accredited high schools, junior colleges, colleges, or universities whose coaches and certified athletic trainers are acting within the scope of their employment. .05 Certified athletic trainers of amateur, semiprofessional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as road races, track meets, triathlons, biathlons, or similar single occurrence athletic or recreational events. .06 Hospitals, nursing homes, sanatoriums, or other health facilities duly licensed by the State of California. .1002 Commencing on the effective date of this chapter, all permits are to be issued in accordance with the provisions of this chapter. .110 Transfer and Duration of Permits. .1101 No permit issued hereunder shall be transferable to any other person or establishment. .1102 It shall be the responsibility of the operator to ensure that all technicians conducting massage on the premises are continually licensed by the CAMTC. The operator shall be required to show evidence that massage technicians operating within their facility hold a valid CAMTC certificate at the time of business license renewal. .1103 No permit granted herein shall confer any vested right to any person or business for more than the permit period. All massage operators, Responsible Employees and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter. .120 Violation and Penalty. .1201 Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370. .1202 Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an   22 55402.00039\29315255.1   action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. SECTION 4. That Table 20-A (Primary Uses: Platinum Triangle Mixed Use Overlay Zone) of Section 18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended in part to read as follows: Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Personal Services– General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150. Massage subject to §18.16.070 except massage not permitted within Live/Work Units. SECTION 5 That Section 18.24.070 (Neighborhood Commercial District and Neighborhood Commercial-Mixed District) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended in part as follows: 18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND NEIGHBORHOOD COMMERCIAL- MIXED DISTRICT. Within the area designated as a Neighborhood Commercial District or the Neighborhood Commercial- Mixed District, the provisions of Chapter 18.08 (Commercial Zones) for the Neighborhood Center Commercial ("C-NC") Zone shall apply, except as otherwise specified.   23 55402.00039\29315255.1   .010 In addition to the uses permitted by the underlying zone or prohibited by this chapter, the following buildings, structures and uses, either singly or in combination, are permitted: .0101 Development of mixed commercial uses with residential units above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, except as amended by this chapter. For projects with mixed residential and commercial uses, CC&Rs shall be prepared for each project. Massage establishments shall not be permitted within Live/Work Units. .0102 Development of mixed commercial uses with senior citizen apartments above the first floor on a single site, in conformance with Chapter 18.08 (Commercial Zones) for the “C-NC” Zone, and Chapter 18.50 (Senior Citizens Apartment Projects), except as amended by this chapter. .0103 Development of Boulevard Residential uses in conformance with Section 18.24.060. .0104 Alcoholic Beverage Manufacturing uses in conformance with Section 18.38.025 (Alcoholic Beverage Manufacturing) on properties located on the east side of Anaheim Boulevard between Broadway and Ellsworth Avenue whose underlying zoning is “I” (Industrial). SECTION 6. That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses) of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended in part to read as follows: Table 32-A PRIMARY USES: MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited MU Special Provisions Personnel Services– General P Massage subject to §18.16.070 except massage not permitted within Live/Work Units. SECTION 7. That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section 18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use [DMU] Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended in part to read as follows: Table 30-A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE P=Permitted by Right C=Conditional Use Permit Required N=Prohibited DMU Special Provisions Personal Services–General P/N On-site dry cleaning and laundromats are not   24 55402.00039\29315255.1   allowed. Massage subject to §18.16.070 except massage not permitted within live/work units. SECTION 8. That Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to change the following definition: “Massage Establishment.” Any business conducted within the City where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, administration to another person of a massage, bath or health treatment involving massages or baths, including foot massages. For hotels and motels, the massage establishment may include common areas on the hotel premises such as the pool area when the massage is conducted by licensed massage technicians in accordance with the massage establishment permit issued for the hotel or motel. Mobile massage operations are not included within this definition and are not permitted within the City. SECTION 9. That Section 18.92.210 ("R" Words, Terms and Phrases) of Chapter 18.92 (Definitions) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to delete the following definition: SECTION 10. That Section 18.108.040 (Development Standards) of Chapter 18.108 (Festival Specific Plan No. 90-1 [SP 90-1] Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to ___________: .020 General Standards. Except as otherwise specifically set forth herein, the standards of the Scenic Corridor Overlay Zone shall apply. The use, building and structural height, setback, improvement of setback, landscaping and roof projection requirements set forth in this subsection 18.108.040.020 shall apply in each of the four development areas, unless otherwise stated therein. (a) Permitted Uses. Uses listed as permitted accessory uses and permitted temporary uses in Section 18.08.030 (Uses) for the C-NC Neighborhood Center Commercial Zones in Chapter 18.08 (Commercial Zones) and the following and substantially similar uses shall be permitted in all development areas: 1. Antique shop; 2. Automobile rental agencies (office only, with no on-site car display or car storage);   25 55402.00039\29315255.1   3. Bakery; 4. Barber/beauty shops; 5. Bicycle shops; 6. Book stores; 7. Bowling, pool or billiard centers; 8. Broadcasting studio; 9. Business offices/agencies; 10. Candy stores; 11. Carpet and rug sales and installation; 12. Catering establishments; 13. China and glassware stores; 14. Cigar and smoke shops; 15. Clothing or apparel stores; 16. Commercial retail centers; 17. Conservatoire studios; 18. Convenience food stores (not in connection with gasoline sales); 19. Curtain and drapery shops; 20. Department stores; 21. Drug stores; 22. Electrical equipment sales and repair shops; 23. Fabric shops; 24. Fast food restaurants – Development Areas 1 and 2: two (2) drive-throughs maximum, one (1) on Pad D and one (1) on another pad in Development Area 1 or 2, and an additional seven thousand five hundred (7,500) square feet maximum of fast food space in the main tenant area of Development Areas 1 and 2; 25. Financial institutions with walkup windows/ automatic teller machines; 26. Financial institutions with drive-through: Maximum of three (3) in Development Areas 1 and 2. To be located on Pad E and on two (2) other pads in Development Area No. 1 or 2; 27. Floor covering shops; 28. Florists; 29. Furniture stores; 30. Health spas and physical fitness centers up to four thousand (4,000) square feet; 31. Hobby shops; 32. Home improvement stores; 33. Interior decorators; 34. Jewelry stores; 35. Dry cleaning services; 36. Leather goods and luggage stores; 37. Liquor stores; 38. Locksmiths; 39. Massage Establishments subject to Section 18.16.070; 40. Meat markets; 41. Medical/dental offices; 42. Musical instrument sales and repair shops; 43. Music stores;   26 55402.00039\29315255.1   44. Newspaper and magazine stores; 45. Office business machine and computer component stores; 46. Optical and optometrical offices/shops; 47. Paint, glass and wallpaper stores; 48. Pinball and electronic game arcades (pursuant to an arcade permit); 49. Record, tape and video stores; 50. Rental services; 51. Reproduction service businesses, including but not limited to, messenger services, wire services, blueprinting, drafting, job printing, microfilming, etc.; 52. Retail supply stores, including but not limited to, vehicle accessories and parts, books, hardware, pet shops, photographic, sporting goods, tobacconists, toys, yardage, etc.; 53. Secretarial or answering services; 54. Shoe stores; 55. Sit-down restaurants, with or without alcohol; 56. Specialty food stores, such as delicatessens, cookie stores, yogurt shops and other specialized retail food stores; 57. Supermarkets, markets and groceries; 58. Travel agencies; 59. Typewriter sales and service; 60. Veterinary clinics, non-boarding; and 61. Watch and clock sales and repair shops. SECTION 11. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 12. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 13. EFFECTIVE DATE   27 55402.00039\29315255.1   This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2016, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM # # # # # # # # # # # # # # # # # # # # # # # # # # # ## # # ## # # # # # # # # # # ## # # # # # # # # # # # # ## # # # # # # # # #Kn o t t A v e We s t e r n A v e Be a c h B l v d Da l e S t Ma g n o l i a A v e Gil b e r t S t Br o o k h u r s t S t Mu l l e r S t La Palma Ave Crescent Ave Lincoln Ave Broadway Orange Ave Ball Rd Cerritos Ave Katella Ave Orangewood Ave Chapman Ave Eu c l i d S t Nu t w o o d S t 9th S t Wa l n u t S t Dis n e y l a n d D r Ha r b o r B l v d Le w i s S t Lo a r a S t Sta t e C o l l e g e B l v d Do u g l a s s R d S H a s t e r S t Disney Way Gene Autry Way W e s t S t H a r b o r B l v d A n a h e i m B l v d O li v e S t E a s t S tS o u t h S t V e r m o n t A v e S a n t a A n a S tBroadwayLincolnAve S y c a m o r e S tNorthSt Ball Rd Wagner Ave South St La Palma Ave Romneya Dr Orangethorpe Ave Eu c l i d S t Le m o n S t Ra y m o n d A v e Ha r b o r B l v d Ac a c i a A v e Sta t e C o l l e g e B l v d P l a c e n t i a A v e Su n k i s t S t Rio V i s t a S t CrowtherAve O r a n g e t h o r p e A v e M ir a l o m a A v e L a P a l m a A v e R e d G u m S t K r a e m e r B l v d M ill e r S t TustinA ve Va n B u r e n S t N L a k e v i e w A v e Ke l l o g g D r Esperanz a R dOrangethorpeAve La Palma Ave ImperialHwy M e a t s A v e I mp e r i a l H w y NohlRanch R d S a n t a A n a C a n y o n R d Fairm ontBlvd C a n y o n RimRd S e r r a n o A v e W eirC a nyonRd B l u e G u m St |ÿ91 |ÿ90 |ÿ55 |ÿ57 |ÿ91 §¨¦5 Romneya Dr A n a h e i m H ills R d Cerritos Ave S a n t i a g o B l v d Crone Ave Westmont Dr L e m o n S t C itr o n S t Du p o n t D r OrangethorpeAve G r o v e S t Ke l l o g g D r NohlRanch R d S t a g e C o a c h R d Sun s e t Rid g e R d Canyon Creek Rd Carbon Creek Channel San t a A n a R i v e r Carbon C r e e k C h a n n e l Ed i s o n R O W UPRR UP R R R i v e r d a l e A v e Miraloma Ave G e r d a D r Nohl Ranch Open Space Trail S A N T AS A N T AA N AA N A S A N T AS A N T AA N AA N A T U S T I NT U S T I N T U S T I NT U S T I N C Y P R E S SC Y P R E S S C Y P R E S SC Y P R E S S P L A C E N T I AP L A C E N T I A Y O R B AY O R B AL I N D AL I N D A G A R D E NG A R D E NG R O V EG R O V E V I L L AV I L L AP A R KP A R K S T A N T O NS T A N T O N B U E N AB U E N AP A R KP A R K F U L L E R T O NF U L L E R T O N W E S T M I N S T E RW E S T M I N S T E R O R A N G EO R A N G E ± 0 21Miles #Massage Establishments (68) Rail Roads City Boundary Anaheim Massage EstablishmentsNovember 3, 2016 ATTACHMENT NO. 3 1 Elly Morris From:Gene Levesque <genesurfs@yahoo.com> Sent:Monday, November 07, 2016 11:43 AM To:Jonathan Borrego; Elly Morris Subject:Massage Parlor Ordinance As a longtime resident and homeowner here in West Anaheim, I would like to request that the city crack down on these Massage Parlors. There is illegal activities going on in these Parlors, and it is not good for the community. I am married and have 3 beautiful daughters, I want them to feel safe in our neighborhood and community. Please do not allow more of these Parlors to be opened, and do something about closing up the ones that are open. It's good for the City of Anaheim not to support these kinds of practices. Thank you for hearing our concerns. Sincerely, Gene Levesque RE/MAX Unlimited cell (714) 458-2447 office (714) 995-4554 email genesurfs@yahoo.com NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Jonathan Borrego Sent:Monday, November 07, 2016 8:50 AM To:Elly Morris Subject:FW: Planning Commission Agenda- Item 3 SUPPORT Correspondence for item 3    From: Amanda [mailto:aedinger@sbcglobal.net] Sent: Sunday, November 06, 2016 3:59 PM To: Jonathan Borrego Cc: Mitchell T. Caldwell; Bill Dalati; Michelle Lieberman Subject: Planning Commission Agenda- Item 3 SUPPORT Hi Jonathan, I have reviewed the Planning Agenda and want to express my support for Item 3- the citywide zoning amendment for Massage Establishments. According to the staff report, many massage establishments are engaging in illegal businesses practices, including prostitution. The recommended changes would enhance the city's ability to effectively deal with the myriad of violations being committed. Some of those changes include prohibiting massage establishments from operating within motels, requiring maintenance of records and prohibiting them from operating from 10pm to 6am. The goal of the recommended Code changes is to discourage the type of illegal activity that has been known to occur at some establishments. I fully support these changes as I believe they will be beneficial to West Anaheim in dealing with those establishments that have negatively impacted the community. Thank you, Amanda Edinger Renew West Anaheim NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Jonathan Borrego Sent:Monday, November 07, 2016 9:10 AM To:Elly Morris Subject:Fwd: item 3 zoning or massage parlors Sent from my iPhone Begin forwarded message: From: Loretta Day <LDay@anaheim.net> Date: November 7, 2016 at 9:09:21 AM PST To: Jonathan Borrego <JBorrego@anaheim.net> Subject: FW: item 3 zoning or massage parlors FYI   From: jodie mosley [mailto:jodiemosley@yahoo.com] Sent: Monday, November 07, 2016 7:17 AM To: Loretta Day Subject: item 3 zoning or massage parlors As a resident of west Anaheim, and seeing how illegal most of these massage parlors are, I totally support item 3 on the agenda. This needs to stop! Help west Anaheim!!! Thank you, Jodie mosley Sent from Yahoo Mail on Android NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Jonathan Borrego Sent:Monday, November 07, 2016 8:49 AM To:Elly Morris Subject:FW: Massage parlors Correspondence for item 3    ‐‐‐‐‐Original Message‐‐‐‐‐  From: John Armstrong [mailto:jarmst2534@aol.com]   Sent: Monday, November 07, 2016 7:35 AM  To: Jonathan Borrego  Subject: Massage parlors    I was just informed that Anaheim is working on a "Massage Parlor" ordinance and that we were given back that  authority in 2014. In the two years since there has been a noticeable rise in the number of establishments, especially  in West Anaheim. One only needs to look on Craigslist under "services" to see adds with barely clothed women  advertising "massages". There is another online site called "backpage Orange County that the advertise on. I'm sure  some of these places are legitimate but many look suspect. If they were regaled as to how many could be in a certain  area, I think in west Anaheim we have way more than our share,regards, John Armstrong    Sent from my iPhone  NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Jonathan Borrego Sent:Monday, November 07, 2016 8:49 AM To:Elly Morris Subject:FW: Massage Parlors Correspondence for Item 3    ‐‐‐‐‐Original Message‐‐‐‐‐  From: Loretta Day   Sent: Monday, November 07, 2016 8:14 AM  To: Jonathan Borrego  Subject: FW: Massage Parlors    Jonathan,    Per Esther Wallace ‐ I am forwarding email received re: massage parlors to you.  FYI, I only see this one of two so far.   When you receive this, please confirm you are appropriate staff.    Thanks!  Loretta    ‐‐‐‐‐Original Message‐‐‐‐‐  From: jhamze@twc.com [mailto:jhamze@twc.com]   Sent: Sunday, November 06, 2016 10:57 PM  To: Loretta Day  Subject: Massage Parlors    Please limit the number of massage parlors in our community. And please regulate what is going on in the existing  ones. If local rules are violated the should be closed immediately. This is our home and we want to be proud of  where we live. Please do your jobs and keep our city and communities safe. Thank you.   June Hamze  NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Jerry Hill <hill9241@sbcglobal.net> Sent:Monday, November 07, 2016 1:15 PM To:Jonathan Borrego; Elly Morris Subject:Massage parlor My wife and I urge the City of Anaheim to do all it can to eliminate illegal practices, especially prostitution, in the  massage ‘parlors’. I understand the State has given cities the authority to enforce regulations.   Thank you, Gerald and Barbara Hill  NEW CORRESPONDENCE ITEM NO. 3 1 Elly Morris From:Esther Wallace <eswall@msn.com> Sent:Monday, November 07, 2016 2:44 PM To:Jonathan Borrego Cc:Elly Morris Subject:Massage Parlor Ordinance I am in agreement with the Massage Parlor Ordinance that Planning Department has introduced in item No. 3 in tonight's Planning Commission agenda. Before 2007, WAND worked for years on getting illegal massage parlors closed. Finally in 2007 Anaheim wrote and passed a good Massage Parlor Ordinance only to have it superseded by the state in SB 731 in 2008. We saw the turn around from ten massage parlors at that time to the now 68 and could do nothing about it. Now that the state AB 1147 gives the authority back to the city, we embrace this new ordinance. WAND is interested in the Renewal of Beach Blvd and finally getting good businesses to invest in West Anaheim. This will not happen as long as illegal activity is being conducted in many massage parlors. West Anaheim needs to sustain itself in encouraging businesses that we are a community worthy of their establishing stores here. I ask the Planning Commissioners to support this Massage Parlor Ordinance so that West Anaheim can move ahead in its planning of a renewed business community. Esther Wallace WAND Chairman WAND Chairman NEW CORRESPONDENCE ITEM NO. 3