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Resolution-PC 2010-055RESOLUTION NO. PC2010 -055 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05499 AND VARIANCE NO. 2010 -04822 (DEV2010- 00062) (2620 WEST ORANGE AVENUE, SUITE 2) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05499, to permit a massage and skin care facility pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with a 2 -story office building, located in the General Commercial (C -G) zone and the Anaheim General Plan designates this property for Low Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 19, 2010, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS. said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed massage and skin care facility is properly one for which a conditional use permit is authorized under Code Section No. 18.08.030.010 (Personal Services Restricted), 2. The proposed massage and skin care facility will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the facility will be compatible with other commercial uses within the complex; 3. The size and shape of the site proposed for the massage and skin care facility is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed massage and skin care facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 1 PC2010 -055 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42 -A) Minimum number of parking spaces (34 spaces required; 31 spaces proposed) 2. The above mentioned variance, under the conditions imposed, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the appIicant indicates that massage services will be provided by appointment only and customer visitation will be evenly dispersed throughout the daytime and nighttime hours. Moreover, several site inspections were conducted at different times of the day, and it was determined that a majority of the parking spaces were unoccupied and an adequate amount of parking was available for customers and employees for the entire complex at all times. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the project's peak parking demands. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off-street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there is adequate egress and ingress to the site. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approves Conditional Use Permit No. 2010 -05499 to permit a massage and skin care facility on property located at 2620 West Orange Avenue, Suite 2, and Variance No. 2010 -0482 to permit fewer parking spaces than required by code. 2 PC2010 -055 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 19, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of A'FIEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION t CHAIRMAN, A I EIM CITY PLANNING COMMISSION 3 PC2010 -055 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 19, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD NOES: COMMISSIONERS: RAMIREZ ABSENT: COMMISSIONERS: AGARWAL, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of July, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2010 -055 EXHIBIT "A" DE V2010-00062 1APN: 126 191 -22 1 n o =n ion ;t 113.50' 55.47' 48 T sr. W ORANGE AVE Ern W WESTHAVEN DR LLJ a 2 ca 2 to Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10980 5 PC2010 -055 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05499 AND VARIANCE NO. 2010-04822 (DEV2010- 00062) NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 2 A Burglary/Robbery Alarm Permit application, Form APD 516, shall be completed and returned to the Police Department prior to initial alarm activation. 3 An Emergency Listing Card, Form APD -281, shall be filed with the Police Department. 4 An employee that is CPR and First Aide trained shall be on premises at all times. 5 This business (including the conduct of all its employees) shall operate in full compliance with Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. 6 All records of treatment shall be maintained on the premises for one (1) year and shall be made available for inspection by any authorized City official during regular business hours. 7 The business shall be subject to unscheduled inspections by authorized City of Anaheim personnel in order to observe and enforce compliance with all applicable Code Requirements. 8 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 9 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). and as conditioned herein. 6 REVIEW SIGNED BY OFF BY Code Enforcement Police Police Police, Code Enforcement Police, Code Enforcement Police, Code Enforcement Police, Code Enforcement Code Enforcement Planning PC2010 -055