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Resolution-PC 2003-10• ~ RESOLUTION NO. PC2003-10 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04643 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA: PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, AS SHOWN ON A PARCEL MAP FILED IN BOOK 120, PAGES 22 AND 23 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 13, 2003 at 4:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.040 to wit: to permit a massage business within an existing beauty salon. 2. That the proposed use will be established in an existing beauty salon/day spa at 5579 East Santa Ana Canyon Road, which is a well-maintained beauty and skin care spa; and that the use will not adversely affect the adjoining land uses and the growth and development of the area. 3. That the size and shape of the site for the proposed use is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare because no expansion of building area nor substantial intensification of use is proposed within this existing commercial center. 4. That 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 because the proposed massage use will be located within an existing full-service skin and hair care facility. 5. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: cr\pc2003-10.doc -1- PC2003-10 • • 1. That the massage therapy operation shali be permitted only as an accessory use to the beauty and skin care spa. 2. That male and female massage clients shall not be served simultaneously; and that separate massage scheduling shall be arranged to ensure compliance with Chapter 4.29 (Massage Establishments) of the Anaheim Municipal Code. 3. That as stipulated by the petitioner, the hours of operation shall be limited to: Tuesday through Thursday: 8 a.m. to 10 p.m. Friday: 8 a.m. to 9 p.m. Saturday: 7 a.m. to 7 p.m. 4. That employees providing massage therapy shall be required to wear uniforms and photo identification cards during business hours. 5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made available for inspection by any authorized City of Anaheim official. 6. That the interior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons inside the premises. 7. That all employees shall abide by Chapter 429 (Massage Establishments) of Anaheim Municipal Code pertaining to operating requirements for a massage establishment. 8. That no alcoholic beverages shall be sold or consumed on the premises. 9: That four (4}#00~ higk~ s~reet addKess numbers_sha0_l~e dis~layed_ on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 10. That the signage for the salon be limited to two (2) wall signs (one (4 ) red neon wall sign and one (1) round sign by the salon entrance) as permitted by the Zoning Code in the Scenic Corridor Zone Overlay; and that the remaining two (2) signs (canopy sign and blue wall sign located on the exterior wall of the stairwell) shall be removed prior to operation of the massage business. 11. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3, 4 and 5; and as conditioned herein. 12. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 6, 9, 10 and 11, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the 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. -2- PC2003-10 • • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 13, 2003. CHA ERSON, ANAHEIM CI LANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CiTY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 13, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE . IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 0.r~v , 2003. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003-10