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HomeMy WebLinkAboutPC Res 01-29 - 2001-06-06 RESOLUTION NUMBER 01-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH FINDING A MASSAGE TECHNICIAN, WITH SPECIFIC LIMITATIONS, IS COMPATIBLE WITH THE USES PERMITED IN ALL COMMERCIAL ZONES OF THE CITY WHEREAS, In May, 2001 staff was approached with a request to conduct massage therapy in conjunction with a beauty shop on Main Street in the Main Street Specific Plan (MSSP) ,lOne; and WHEREAS, The Planning Department is seeking a Planning Cormnission detenninlltion allowing massage technicians as defined in Section 12-1 of the Code as a pennitted accessory use in all commercial zones of thc City. The commercial zonel> do not specifically pcrmit massage establishments or massage technicians; and WI-IER EAS, Each of the commercial zones within the City contain language within thc "Pennitted Use" section of the Code that allows "Other similar uses when determined by the Planning Commission to meet the intent of uses within the zone", or language similar in nature; and WHEREAS, The proposed usc would not allow the primary purpose of the busincss operation to be a "massage establishment" as defined in Section 12-1 of the Code. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: o The proposed allowance of "massagc technieian", properly licensed in accordance with the provisions of Chapter 12 of the Code of the City of Seal Beach, as a pcnnitted acecssory use within all commercial zones will not bc detrimental to existing business operations or the operations of adjaecllt business operations or other surrounding land lISe.C;. o rhere are sufficient licensing and operational provisions set forth within Chapter 12 of thc Code ofthe City of Seal Beach to reduce any impacts of such "massage technician" to a level of illsignilicance within the community. o Several business locations arc currently operating with "massage technicians" liccnscd in accordance with the provisions of Chapter 12 of the Code of the City of Seal Beach, and the City has reeeived no complaints regarding those operations. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beaeh does hereby find that a "Massagc Tcchnician" as defined in Chapler 12 of the Codc of the City: of Seal Beach, and as conditioned herein as an accessory use, is similar in use to the permitted uses in caeh Cormnercial zone and is therefore considered a pcnnitted use subject to the following conditions: 1. Massage Tcclmicians shall comply will all provisions of Chapter 12 of the Code of the Citv of Seal Beach. 2. Said license shall be reviewed within the time frame set forth in Section 12-7(a) for such license review by thc Chicf of Police. 3. The Director of Dcvelopment Services, or his dcsignec. shall invcstigate the proposed business location and affinnativeIy dctermine that the issuance of said Massage Technician license will consist of an "accessory use" to the primary busincss use of said business location. Said Massage Tcchnician license shall not be detemlined to bc an essential part of thc business operation, and the number of licensed massage technicians C IDnculIlclIl. and Selling.<ILWlllllcnhcrgIMy Documcnl.IRESOIM."agc DclclIllillallUn PC Resa c1ocILWI06-06-o1 Plannlllg CommIssion Resollllion 01-19 Massage Establishments and MlIs.m~e Technicians- Determillaflon ojCompal1brlity June 6, 2001 at any specific business location shall not constitute a majority of business employees during any period of business operations. 4. The Director of Devclopmcnt Services, or his designee, shall submit a rccommendation to the Chief of Police within the time frame set forth in Scction 12-7(a) for such license revIew. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal J3cach at a meeting thcreofhc1d on the 6th day of June ,2001, by the following vote: AYES: Commissioners Browr:l. ('It'll;. Hood. Ladr:ler. ilpn 5barp NOES: Commissioners ABSTA1N: Commissioners ABSENT: Commissioners ce Whittenberg, Secretary Planning Commission Mnli"UIgc Dctcnnimllion PC Rcc;o 2