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establishment. <br />(2) The proposed massage establishment is more than one <br />thousand (1,000) feet from any adult entertainment <br />businesses, as defined in Santa Ana Municipal Code section <br />41-1701.6. <br />(3) The distances set forth in subsections (1) and (2), above, <br />shall be measured as a radius from the primary entrance of <br />the proposed massage establishment to the property lines of <br />the parcel so zoned or used, without regard to intervening <br />structures. <br />(4) Any waiver of the provisions of this subsection shall be <br />pursuant to the provisions of division 1 of article V of this <br />chapter; provided, however, that any such application shall <br />be reviewed and determined as provided in section 41-1755 <br />of this Code. <br />Sec. 41-1753.1. Massage establishment conditional use permit <br />requirements. <br />(a) Permit required. No massage establishment may be operated or <br />established within the city by right; all persons wishing to operate or establish a <br />massage establishment within the city must apply for and obtain a massage <br />establishment conditional use permit under this article. <br />(b) Application. Any person desiring to operate or establish a massage <br />establishment within the city shall file with the planning and building agency a <br />massage establishment conditional use permit application on a standard <br />application form supplied by the planning and building agency. <br />(c) Existing massage establishments. The city council declares that all <br />massage establishments legally established shall not be deemed to be <br />nonconforming to chapter 41, as amended, for failure to seek and obtain a <br />massage establishment conditional use permit for a period of one (1) year. The <br />city council further declares that all legally established massage establishments, <br />as that term is defined in this article, shall be deemed to be conforming for the <br />use or uses specified in any conditional use permit issued to the use. <br />Sec. 41-1753.2. Ancillary massage use land use certificate. <br />(a) Certificate required. No ancillary massage use may be conducted <br />or established within the city by right; all persons wishing to operate or establish <br />Ordinance No. NS-XXX <br />Page 26 of 36 <br />11 A-26 <br />