Resolution-PC 98-173RESOLUTION Nd. PC98-173
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4070 BE ~R!{NTED
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:
PARCELS 1, 2, 3 AND 4 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON PARCEL MAP FILED IN DOOK 120, PAGES 22 AND 23 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hoid a public hearing at the Civic Center in
the City of Anaheim on October 26, 1998 at 1:30 p.m., notice of said public hearing having been duly
given as required by Iaw 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 proposal to establish conformity with existing Zoning Code land use
requirements for an existing 55,557 sq.ff., 45-unit commercial center, and to permit massage services in
an existing 5,565 sq.ft. full-service beauty and skin care spa located in the same commercial center is
authorized by Anaheim Municipal Code Sections 18.44.050.040 and 18.44.050.135.
2. That the existing 45-unit commercial center was inadvertently advertised as 48 units.
3. That the proposed use will be established in a well-maintained beauty and skin care spa
and will not adversely affect the adjoining land uses and the growth and development of the area in which
it is proposed to be located.
a. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare because no expansion of building area or substantial intensification of use is
proposed within this existing commercial center.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area beczuse the proposed massage
use wiil be located in an existing full-service skin and hair care facility.
6. That granting of this conditiona! use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That one concerned person spoke at the public hearing; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That !he Anaheim City
Planning Commission has reviewed the proposal to establish conformity with existin, Zoning Code land
use requirements for an existing 55,557 sq.ft. 45-unit commercial center, and to permit massage services
in an existing 5,565 sq.ft. full-service beauty and skin care spa located in the same commercial center
located on a irregulariy-shaped 5.03-acre property at the northwest corner of Santa Ana Canyon Road
and Imperial Highway with frontages of 700 feet on the north side of Santa Ana Canyon Road and 500
CR3468PK.DOC -1- PC98-173
feet on the west side of Imperial Highway (Giatano's Salon 5573 East Santa Ana Canyon t?oad); and
does hereby approve the Negative Declaration upon finding that the deciaration reflects the independent
judgement of the lead agency and that it has considered thP Negative Declaration together with any
comments received during ihe public review process and further finding on the basis of the initial study
and any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, SE 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 (o the proposed use of the subject properiy in order to
presenre the safety and general welfare of the Citizens of the City of Anaheim:
1. That the massage therapy operation shall be permitted only as an accessory use to the beauty and
skin care spa.
2. That this conditional use permit, as it applies to the massage services only and not to the entire
commercial center, shall expire one (1) year from the date of this resolution.
3. That male and female rrassage clients shall not be served simultaneously, and that separate
massage scheduling shall be arranged to ensure compliance with Code Section 4.29.060 (g) of the
Anaheim Municipal Code. Further, that terry cloth robes shall be provided and worn beriveen the
changing area and the massage facility.
4. That, as stipulated by the petitioner, the hours of operation shall be limited to:
Tuesday through Friday: 8 a.m. to 9 p.m.
Saturday: 7:30 a.m. to 10 p.m.
5. That employees providing massage therapy shall be required to wear uniforms and photo
identification cards during business hours.
6. That ali records of treatment shall be maintained on the premises for one (1 } year and shall be made
available for inspection by the Anaheim Police Department.
7. 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.
8. That all employees shall abide by Anaheim Municipal Code Section 4.29.060 pertaining to operating
requirements for a massage establishment.
9. That no alcoholic beverages shall be soid or consumed on the premises.
10. (Proposed Condition No. 10 was deleted at the October 26, 1998, Planning Commission public
hearing.)
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 Pfanning
Department marked Exhibit Nos.1 and 2, and as conditioned herein.
12. (Proposed Condition No. 12 was eliminated because Condition No. 10 was deleted at the October
26, 1998, Planning Commission public hearing.)
13. That prior to the commencement of the activity authorized by this resolution, or prior to finai building
and zoning inspections, or within a p~riod of one year from the date of this resolution, whichever
occurs first, Condition Nos. 7, 11 and 15, herein-mentioned, shall be complied with. Extensions for
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further time to complete said conditions may be granted (n accordance with Section 1 fs.03.090 of the
Anaheim Municipal Code. _
14. That approvai of this application constitutes approval of the prcpoaed 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.
15. That the applicant shall meet wifh Zoning Division staff :o determirie the number of trees that shall
be planted along Sanka Ana Canyon Road and Imperial Highway in order to be in compliance with
current Zoning Code requirements. Said trees shali then be installed, and properly irrigated and
maintained thereafter.
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 oP competent Jurisdiction, then this
Resolution, and any approvals herein contained, shall be eemed null an void.
THE FOREGOING RESOLUTIO dapted'at the I ni Commission meeting of
October 26, 1998. ~- ( ~
~ ~ ~
CHAIRPER CQN, NA IM CITY PLANNING COMMISSION
A'i~'EST: „
~.~
SECRETARY, AN HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the forec~oing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on October 26, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRI3TOL, ESPING, KOOS, NAPOLES
PJOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, WILLIAMS
IN WITNESS ~~IHEREOF, I have hereunto set my hand this -z~ day of
liT~~~~~ 1998.
Q~'~~i,~~.~1U~-~ OJC)U7~
SECRETAR ANAHEfM CITY PLANNING COMMISSION
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