HomeMy WebLinkAbout75C - MASSAGE ESTABLISHMENTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 2, 2009
TITLE:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT NO. 2008-01 AND ORDINANCE
AMENDMENT 2008-02 TO AMEND CHAPTERS 41
AND 22 OF THE SANTA ANA MUNICIPAL CODE
IN ORDER TO REGULATE MASSAGE
ESTABLISHMENTS WITHIN THE CITY OF SANTA
ANA
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2rd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Approve and adopt the Negative Declaration, Environmental Review No.
2008-98.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-01.
3. Adopt an ordinance approving Ordinance Amendment No. 2008-02.
PLANNING COMMISSION ACTION
On January 12, 2009, the Planning Commission recommended that the City
Council approve and adopt the Negative Declaration, Environmental Review
No. 2008-98; adopt an ordinance approving Zoning Ordinance Amendment No.
2008-01; and adopt an ordinance approving Ordinance Amendment No. 2008-02
by a vote of 7:0 to amend Chapters 22 and 41 of the Santa Ana Municipal
Code in order to regulate massage establishments within the City of Santa
Ana. The Planning Commission removed the requirements that massage
establishments provide lockers, shower facilities, and separate men's and
women's restrooms from the ordinance (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Jay M. Trevino
cutive Director
Planning & Building Agency
MF:rb
mf/reports/zoa08-Oloa08-02 massage parlor.cc
75C-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
JANUARY 12, 2009
TITLE:
PUBLIC HEARING - ZONING ORDINANCE AMENDMENT
NO. 2008-O1 AND ORDINANCE AMENDMENT 2008-02
TO AMEND CHAPTERS 41 AND 22 OF THE SANTA
ANA MUNICIPAL CODE IN ORDER TO REGULATE
MASSAGE ESTABLISHMENTS WITHIN THE CITY OF
SANTA ANA
Prepared by Mitt Foulkes
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~'
~ ~ 1
Exe utive erector Pla ing I~lanager
RECOMMENDED ACTION
Recommend that the City Council:
1. Approve and adopt the Negative Declaration, Environmental Review No.
2008-98.
2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2008-01.
3. Adopt an ordinance approving Ordinance Amendment No. 2008-02.
DISCUSSION
Background
On May 21, 2007 the City adopted a 45-day moratorium to prohibit the
establishment or expansion of any existing massage parlor or issuance of
new (non-replacement) massage technician permits. This moratorium was
extended for an additional 22 months and 15 days to allow the Planning
Division and Police Department adequate time to create development
standards regulating this new use. The need for further regulation was
the result of a dramatic increase in massage establishment requests
following a March 2007 raid by the Orange County District Attorney and
several police departments of 10 facilities (massage parlors or
acupuncture clinics) in Anaheim, Orange, Tustin and Dana Point as being
alleged fronts for prostitution.
Chapter 41 of the Santa Ana Municipal Code does not specifically
identify massage parlors as a land use or designate zoning districts
throughout the City where massage parlors may be permitted. As such,
these provisions of the Municipal Code need review, study and ultimately
EXHIBIT A
75C-2
Zoning Ordinance Amendment No. 2008-O1
Ordinance Amendment 2008-02
January 12, 2009
Page 2
revision in order to respond to recent concerns relating to the impacts
of massage parlors and the potential establishment of new locations in
the City. Additionally, Chapter 22 of the Code, which is enforced by
the Police Department and currently regulates massage establishments and
technicians, has remained unchanged since 1976. In contrast, the cities
of Anaheim, Orange and Costa Mesa have all updated their massage
regulations within the last four years.
Following the adoption of the moratorium staff began holding interagency
meetings and has commenced a study of the current provisions of the
General Plan and Municipal Code to define massage parlors and determine
where and under what conditions such uses should be permitted.
Analysis of the Issues
Following a thorough analysis of the current code requirements for massage
parlors and massage technicians in both the City of Santa Ana and
surrounding jurisdictions, there are a number of code amendments and
additions necessary to protect the health, safety and welfare of the City.
The first of these changes is to include massage establishments, its
associated definitions and development standards within Chapter 41(zoning)
of the Municipal Code. The inclusion in Chapter 41 will allow the
Planning Division to more closely regulate these uses, as well as
incorporate Community Preservation in the regulation of operational and
development standards in the field. As part of its inclusion in Chapter
41, massage establishments have been separated into two types, as a
primary and ancillary use. This distinction was necessary due to the
broad definition of a massage and/or a massage establishment.
Ancillary Massage Use
As an ancillary use, massage services will be secondary to an existing
health or beauty related business. Ancillary massage uses will be limited
to no more than two licensed massage technicians and will be allowed to
occupy a limited square footage within the existing business.
In these ancillary cases, a ministerial land use certificate would be
required in order to create a reliable inventory of massage technicians
citywide as well as verify that ancillary massage establishments meet the
proposed standards to prevent any negative impacts resulting from its
incidental use. Land use certificates have traditionally been utilized in
cases where a limited number of departments require review of a project in
75C-3
Zoning Ordinance Amendment No. 2008-01
Ordinance Amendment 2008-02
January 12, 2009
Page 3
order to apply specific standards to a land use. Since an ancillary
massage use is restricted not only in terms of its size and location but
also the number of massage technicians, it is substantially less intrusive
to the surrounding businesses and thus requires a less extensive review.
Although the review process for ancillary massage establishments is
ministerial, the procedure for issuing massage technician licenses,
regulated by Chapter 22, will remain the same as a massage technician who
is operating at a primary massage establishment.
Primary Massage Use
As a primary use, massage services may be offered either in conjunction
with other health and beauty related services or as an independent use.
These primary massage establishments may employ more than two massage
technicians and will be permitted to occupy up to 100 percent of the
business square footage. Another important distinction between primary
and ancillary massage establishments is that primary massage
establishments will be subject to a separation requirement that will not
permit a primary massage establishment within 1,000 feet of another
massage establishment or within 1,000 feet of any adult entertainment uses
as defined in Section 41-1701.6 of the Santa Ana Municipal Code.
In cases where massage will be the primary use, a conditional use permit
will be required in order to perform a more in-depth analysis of the
business and provide conditions to mitigate any potentially negative
impacts that may occur. Additionally, the requirement of a conditional
use permit will allow the public the opportunity to review and comment on
the project through a public hearing with the Zoning Administrator.
erational Standards
In addition to the definitions and requirements stated above, both primary
and ancillary massage uses will be subject to operational and development
standards including regulations for both the location and number of new
massage establishments that are permitted in the City. The new ordinance
will also limit the hours of operation from 8:00 a.m. to 10:00 p.m., set
minimum lighting standards, permitted signage and other pertinent
operational standards. These new standards are attached as Exhibit 1.
Also attached as Exhibit 2 are the proposed changes to Chapter 22 of the
Santa Ana Municipal Code. The changes to Chapter 22 include more detailed
regulations regarding massage permit technician permits and will now
7~C-4
Zoning Ordinance Amendment No. 2008-01
Ordinance Amendment 2008-02
January 12, 2009
Page 4
require annual renewals. This permit, which will be administered by the
Police Department, will require the applicant to submit several items of
information including proof of identification, completion of a test
administered by the Police Department and other items specified in Chapter
22 of the Santa Ana Municipal Code. The new permitting process will also
allow the Police Department to revoke massage permits in cases of
misconduct.
On April 28, 2008 staff presented the proposed amendments to the Planning
Commission and testimony was taken from the public. Although the Planning
Commission was generally in favor of the new regulations regarding the
massage technician test, the required hours of training and the potential
for over-regulating massage room design were expressed. Many of these
concerns were also mirrored by members of the public who spoke during the
meeting. In response to these concerns, the Planning Commission voted to
continue the item to allow staff time to evaluate these concerns and amend
the ordinance as necessary.
Following the continuation by the Planning Commission, staff performed
further research and reevaluated several of the proposed regulations to
address the various concerns of the Planning Commission and the public.
Attached as Exhibit 3 is a table identifying each of the concerns and
the actions taken to address them. In July 2008, an ad-hoc meeting was
held with Commissioners Mills and Gartner to review the proposed changes
as well as provide further background on the methodology utilized by
staff for reaching the proposed development standards. At the
conclusion of the meeting both Commissioners confirmed that the revised
standards adequately addressed the concerns of the Commission and the
public.
In August 2008, the State Legislature passed Senate Bill No. 731, which
regulates massage technicians and massage establishments at the state
level. Prior to the passage of this Bill massage technicians and massage
establishments were subject to regulations imposed by individual cities.
Senate Bill No. 731 has created a state-level reviewing body called the
Massage Therapists Organization who will be responsible for reviewing and
issuing massage technician licenses, although regulation and enforcement
will remain primarily at the city level. Although the state certification
is voluntary, applicants who receive this license will be exempt from any
city regulations that do not overlap with state requirements regarding
massage technicians and massage establishments. Any applicant who does
not obtain a state license will remain subject to the development
standards set forth in Chapters 22 and 41 of the Santa Ana Municipal Code.
75C-5
Zoning Ordinance Amendment No. 2008-O1
Ordinance Amendment 2008-02
January 12, 2009
Page 5
This overlap in regulation will ensure that all massage technicians and
massage establishments in Santa Ana are fully regulated by either the City
or the State of California.
As a result of these modifications, careful code review and study of
surrounding jurisdictional regulations, staff recommends that the
Planning Commission adopt Zoning Ordinance Amendment No. 2008-O1 and
Ordinance Amendment No. 2008-02 as proposed (Exhibits 4 and 5).
CEQA Compliance
In accordance with the California Environmental Quality Act, Negative
Declaration Environmental Review No. 2008-98 has been prepared for this
project (Exhibit 6) The proposed additions and modifications to the
Santa Ana Municipal Code were found to have no significant environmental
impacts. Through the land use certificate or conditional use permit
process any subsequent projects may be reviewed for their individual
environmental compliance.
C
Matt Foulkes
Assistant Planner I
MF:jm
mf/reports/zoa08-Oloa08-02 massage parlor-2.pc
Ve~'hy Car }al
Senior Pl~.nner
75C-6
Summary of Revisions to Chapter 41
For a complete list of revisions, please consult the draft ordinance
Definitions:
Massage - "massage" shall mean any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the
human body with the hands or with the aid of any mechanical or electrical apparatus or
appliances, or with or without supplementary aids such as rubbing alcohol, liniments,
antiseptics, oils, powder, creams, ointments, or other similar preparations commonly used in
this practice.
Massage establishment - "massage establishment" shall mean any establishment having a
fixed place of business where any individual, firm, association, partnership, corporation, or
combination of individuals, engages in, conducts, carries on or permits to be engaged in,
conducted or carried on, massages, baths, or health treatments involving massage or baths
as the principal functions.
Massage technician - "massage technician" shall mean any person who, for any form of
consideration whatsoever, gives or administers to another person a massage as defined or
baths as the principal function.
Recognized school of massage - "recognized school of massage" shall mean any school or
institution of learning which teaches the theory, ethics, practice, profession, or work of
massage, which school or institution has been approved pursuant to the California Education
Code and which requires a resident course of study of not less than one thousand (1,000)
hours to be given in not less than six (6) calendar months before the student shalt be
furnished with a diploma or certificate of graduation. Schools offering a correspondence or
online course not requiring actual attendance shall not be deemed a recognized school. The
City of Santa Ana shall have a right to confirm that the applicant has actually attended class
in a recognized school.
Chair massage - "chair massage" shall mean where a patron receives a massage while fully
clothed in a public or semipublic area. The areas massaged are the head, neck, back and
arms only.
Ancillary massage use - "ancillary massage use" shall mean any establishment that
provides massage services as an accessory or complementary use to other health or beauty
services, and that employs no more than two (2) licensed massage technicians, is subject to
any zoning and land use regulations as required by the Planning & Building Agency.
Development Standards
Primary Massage Uses Ancillary Massage Uses
Hours of operation 8:00 am to 10:00 pm 8:00 am to 10:00 pm
7 ~~~T 1
All commercial zones
- All commercial zones (not C3-A) (ancillary to a licensed
Zones Permitted -Not permitted in any Specific retail/service use or an
Development or Specific Plan exempt individual under
Section 22-6 of the SAMC
Application Type Conditional Use Permit Land-use Certificate
(Zoning Administrator) (Ministerian
- 1,000 foot separation between
massage uses
Separation Criteria - 1,000 foot separation between None
massage and adult entertainment
uses
Number of Massage
Technicians per Three or more Maximum of two
Pro ert
Massage Technician Yes Yes
Permit Required
Number of Massage No restriction No restriction
Rooms (minimum of % foot candle (minimum of % foot candle
illumination illumination
Interior Doors All must remain unlocked during All must remain unlocked
business hours during business hours
Exemptions:
Sec. 41-1750. Specific purposes.
(b) This article shall not apply to massage establishments or businesses that are
sole proprietorships, where the sole proprietor is certified pursuant to Chapter
10.5, commencing with Section 4600, of Division 2 of the California Business
and Professions Code, or to massage establishments or businesses that
employ or use only persons certified pursuant to Chapter 10.5, commencing
with Section 4600, of Division 2 of the California Business and Professions
Code, to provide massage services.
75~-`~
~~ ortwryc~
~ ~ ca
3 ~
o x
o <
` ` ', Summary of Revisions to Chapter 22
j ~ For a complete list of revisions, please consult the draft ordinance
Massage Establishments -
Added:
• Term of permit - 1 year
• Advertising must contain Santa Ana Permit Number
• On-site manager required (CPR certified)
• Name tag required to be worn while on duty
• Valid California ID required to be on the premises
Modified:
• Hours of operation - 8:00 a.m. to 10:00 p.m.
(Current hours - 7:00 a.m. to 12:00 a.m.)
Massage Technicians -
Added:
• Term of permit - 1 year
• Renewal requires 15 Continuing Education Units
• Passage of City sponsored test
• C.P.R. Certification
• Name tag required to be worn while on duty
• Valid California ID required to be on the premises
• Advertising must contain Santa Ana Permit Number
SAMC 22-6 -Exemptions -
Exempt individuals include: barbers, cosmetologists, osteopaths, acupuncturists, chiropractors
and other State licensed practitioners
Added:
• All persons conducting massage who are employed by an exempt individual must
obtain a Massage Technician Permit
• Massage Technicians must work under the direction and control of an exempt
individual, who must be physically present at the location where massage is being
conducted
• Massage Technicians cannot rent space at an exempt individuals establishment
• An individual who is certified pursuant to Chapter 10.5, commencing with Section 4600,
of Division 2 of the California Business and Professions Code, and who is practicing
consistent with the qualifications established by his or her certification.
~c°~°
.~
.~
Q
O
L
4--~
U
O
U
^ ~
n~
W
C
O
.~
.~
O
U
L
~ ~, O
A+~ O ~ ~
uW
i
~
~--~
~ U U U O ~ ~ ~
N
C C ~ I O
}. N >
O L
^~
Q
Q O O O •-
O
~ O ~ ~
0 0 0 c ~ U
° - .X ~
~ ~ ~ ~ cn w ~
~ ~
0 0 0 '-
~ ~ ~ ~ ~ c
° °
~ ~ ~ ~ z z ~
~ ~'
o O ~~
o
.~
ago o
L .. ~ ~-+ i.. ~
_
G~ ~
~ L'
~
~ ~ p O
~
~
L `~' ~ C
' ~ N O a_'
~ ~ ~ ~ ~ ~ ~
V
~
~
'L ~ ~L
V
~
~
~ ~
+r
a--+
• ~ O ^
'
L
L
•
' ~
.~ .~ ~ O ~ ~ a--+
J J ~ I~ U ~
75F~I~bIT 3
ARTICLE XVIII.
MASSAGE
Sec. 41-1750. Specific purposes.
(a) In addition to the general purposes listed in section 41-1, the specific purposes of this article are
to
(1) Establish a procedure which places strict limits on processing time and creates an orderly
process for reviewing applications to conduct massages.
(2) Ensure orderly and thorough city review of applications for conducting massages,
including, but not limited to, massage establishment(s), massage technician(s), and
ancillary massage use(s).
(3) Establish reasonable and uniform regulations that will reduce possible adverse secondary
effects that businesses conducting massages as a primary or ancillary use may have upon
the residents of the city and preserve the integrity of existing commercial areas of the city
and of residential areas which are in close proximity to such commercial areas.
(4) To protect the rights conferred by the United States Constitution to businesses conducting
massages as a primary or ancillary use in a manner that ensures the continued and orderly
development of property within the city and diminishes those undesirable negative
secondary effects that recognized studies have shown to potentially be associated with the
development and operation of businesses conducting massages.
(5) To allow a process whereby the unusual site development features or operating
characteristics of uses which must comply with this article maybe conditioned through
an individual review, in order to be compatible with the surrounding uses of property,
while preserving the applicant's rights to objective standards and prompt administrative
and judicial review.
(b) This article shall not apply to massage establishments or businesses that are sole proprietorships,
where the sole proprietor is certified pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of
the California Business and Professions Code, or to massage establishments or businesses that employ or use
only persons certified pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of the California
Business and Professions Code, to provide massage services.
Sec. 41-1751. Definitions.
The words and phrases, whenever used in this article, shall be construed as defined in sections 41-
1751.1--41-1751.6, unless from the context a different meaning is intended or unless a different meaning is
specifically defined and more particularly directed to the use of such words or phrases. The words used in the
present tense include the future tense, and words in the singular number include the plural number.
E17~'1~
Sec. 41-1751.1. Massage.
As used herein, "massage" shall mean any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the
hands or with the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, ointments, or other similar
preparations commonly used in this practice.
Sec. 41-1751.2. Massage establishment.
As used herein, "massage establishment" shall mean any establishment having a fixed place of business
where any individual, firm, association, partnership, corporation, or combination of individuals, engages in,
conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments
involving massage or baths as the principal functions.
Sec. 41-1751.3. Massage technician.
As used herein, "massage technician" shall mean any person who, for any form of consideration
whatsoever, gives or administers to another person a massage as defined or baths as the principal function.
Sec. 41-1751.4. Recognized school of massage.
As used herein, "recognized school of massage" shall mean any school or institution of learning which
teaches the theory, ethics, practice, profession, or work of massage, which school or institution has been
approved pursuant to the California Education Code and which requires a resident course of study of not less
than one thousand (1,000) hours to be given in not less than six (6) calendar months before the student shall be
furnished with a diploma or certificate of graduation. Schools offering a correspondence or online course not
requiring actual attendance shall not be deemed a recognized school. The City of Santa Ana shall have a right to
confirm that the applicant has actually attended class in a recognized school.
Sec. 41-1751.5. Chair massage.
As used herein, "chair massage" shall mean where a patron receives a massage while fully clothed in a
public or semipublic area. The areas massaged are the head, neck, back and arms only.
Sec. 41-1751.6. Ancillary massage use.
As used herein, "ancillary massage use" shall mean any establishment that provides massage services as
an accessory or complementary use to other health or beauty services, and that employs no more than two (2)
2
75C-12
licensed massage technicians, is subject to any zoning and land use regulations as required by the Planning &
Building Agency.
Sec. 41-1752. Permitted zones and locations.
(a) An ancillary massage use may only be located within one of the zones detailed in subdivision (b)
of this same section if the ancillary massage use is ancillary to a retail or service use that is currently licensed by
the State of California Board of Barbering and Cosmetology or an exempt individual as defined in Santa Ana
Municipal Code section 22-6.
(b) No massage establishments or ancillary massage use maybe located within the city unless it
meets the following zoning and location criteria:
(1) Massage establishments may be permitted as a primary use within any commercial zone
in the city, excluding commercial zone C3-A, as defined in this chapter.
(2) No massage establishments may be permitted as a primary use within any professional
(P) zone in the city, as defined in this chapter.
(3) No massage establishments may be permitted as a primary use within any specific
development in the city, as defined in this chapter.
(4) No massage establishments may be permitted as a primary use within any specific plan in
the city, unless already defined and permitted, as defined in this chapter.
(c) No massage establishments maybe located within the city unless it meets the following distance
criteria:
(1) The proposed massage establishment is more than one thousand (1,000) feet from any
other existing massage establishment.
(2) The proposed massage establishment is more than one thousand (1,000) feet from any
adult entertainment businesses, as defined in Santa Ana Municipal Code section 41-
1701.6.
(3) The distances set forth in subsections (1) and (2), above, shall be measured as a radius
from the primary entrance of the proposed massage establishment to the property lines of
the parcel so zoned or used, without regard to intervening structures.
(4) Any waiver of the provisions of this subsection shall be pursuant to the provisions of
division 1 of article V of this chapter; provided, however, that any such application shall
be reviewed and determined as provided in section 41-1755 of this Code.
75C-13
Sec. 41-1753.1. Massage establishment conditional use permit requirements.
(a) Permit required. No massage establishment maybe operated or established within the city by
right; all persons wishing to operate or establish a massage establishment within the city must apply for and
obtain a massage establishment conditional use permit under this article.
(b) Application. Any person desiring to operate or establish a massage establishment within the city
shall file with the planning and building agency a massage establishment conditional use permit application on a
standard application form supplied by the planning and building agency.
(c) Existing massage establishments. The city council declares that all massage establishments
legally established shall not be deemed to be nonconforming to chapter 41, as amended, for failure to seek and
obtain a massage establishment conditional use permit for a period of one (1) year. The city council further
declares that all legally established massage establishments, as that term is defined in this article, shall be
deemed to be conforming for the use or uses specified in any conditional use permit issued to the use.
Sec. 41-1753.2. Ancillary massage use land use certificate.
(a) Certificate required. No ancillary massage use maybe conducted or established within the city
by right; all persons wishing to operate or establish an ancillary massage use within the city must apply for and
obtain a ministerial land use certificate under this article. The city's development project plan approval process,
set forth at section 41-668 et seq. of this Code, shall not apply to applications solely for the issuance of an
ancillary massage use land use certificate.
(b) Application. Any person desiring to operate or establish an ancillary massage use within the city
shall file with the planning and building agency an ancillary massage use land use certificate application on a
standard application form supplied by the planning and building agency.
(c) Existing ancillary massage use. The city council declares that all ancillary massage uses legally
established shall not be deemed to be nonconforming to chapter 41, as amended, for failure to seek and obtain
an ancillary massage use land use certificate for a period of one (1) year. The city council further declares that
all legally established ancillary massage uses, as that term is defined in this article, shall be deemed to be
conforming for the use or uses specified in any land use certificate issued to the use.
Sec. 41-1754. Permit and certificates--Contents of application.
(a) Initiation. The permit process shall be initiated by the filing of a complete application with the
executive director. The executive director shall determine the completeness of the application within thirty (30)
calendar days of its submittal.
(b) Contents. The city council, by resolution, shall set forth the contents required for such
applications for a massage establishment conditional use permit.
4
75C-14
(c) Land use certificate. At the time of submittal for aland-use certificate for massage as an
ancillary use, the following items of information shall be required:
(1) A fully dimensioned site plan and floor plan which clearly identifies the area that will be
used for massage purposes.
(2) Completed Land-use Certificate application.
(3) Approved Certificate of Occupancy.
(4) Copy of Rental Agreement.
(5) Approved Business License.
Sec. 41-1755. Same--Decision to grant or deny.
(a) Action on application. The zoning administrator or designee shall act as the decision-maker on
the application and shall grant or deny an application for a massage establishment conditional use permit.
(b) Investigation. Upon the filing of a completed application, the decision-maker shall cause to be
made an appropriate investigation, including consultation with other city agencies and inspection of the
premises as needed. Consultation is not grounds for the city to unilaterally delay in reviewing a completed
application.
(c) Notice and hearing.
(1) Notice of hearing on a massage establishment conditional use permit shall be mailed and
noticed as prescribed in Article 5 of this chapter.
(2) The decision-maker shall conduct the public hearing as prescribed in section 3-4 of this
Code. In reaching a decision on an application, the decision-maker shall not be bound by
the formal rules of evidence.
(d) Time for hearing. After the investigation has been completed the decision-maker shall conduct a
noticed public hearing, as prescribed by this section, on the application for a massage establishment conditional
use permit.
(e) Action on application. The decision-maker shall render a decision on the application for a
massage establishment conditional use permit or an ancillary massage use land use certificate within thirty (30)
days of receiving a complete application. The decision shall be made no later than the same day as the final
hearing on the application, and if not in writing, a written decision shall be prepared within three (3) business
days of the decision. The failure of the decision-maker to render such a decision within this time frame shall be
deemed to constitute a denial.
5
75C-15
(f) Final decision. The decision-maker's written decision shall be hand delivered or mailed to the
applicant, and shall be final.
(g) Court proceedings. All challenges to the decision-maker's action shall be governed by the
provisions of Code of Civil Procedure § 1094.5, except that the city shall prepare and certify the administrative
record of proceedings, should it be requested by the petitioner, within thirty (30) days of the request.
Sec. 41-1756. Same--Approval criteria.
(a) Findings. The decision-maker shall approve an application for a massage establishment
conditional use permit or an ancillary massage use land use certificate subject to its compliance with this article,
where the information submitted by the applicant substantiates the following findings:
(1) No more than one (1) massage establishment conditional use permit or ancillary massage use
land use certificate maybe issued to one primary address.
(2) The proposed use complies with the applicable development and design requirements of the
underlying zoning district in which it is to be located and with the applicable standards of this
article.
(3) The proposed use will provide and maintain wastewater to establish and maintain an unrestricted
flow in sanitary sewers during average and peak conditions as established by the city's approved
sewer master plan, as amended from time to time.
(4) The proposed use will provide and maintain solid waste services to establish and maintain a level
of service consistent with the city's approved source reduction and recycling element.
(5) The proposed use is located in a zoning district in which a massage establishment is permitted
pursuant to subsection 41-1752(a).
(6) The massage establishment meets the distance criteria of subsection 41-1752(b), which shall be
measured as of the date of the completed application.
(7) The proposed use does not involve an applicant, if an individual, or any of the officers or general
partners of an applicant, if a corporation or partnership, that have been found guilty or pleaded
polo contendere within the past four (4) years to a misdemeanor or a felony classified by the
state as a sex orsex-related offense.
(8) The applicant has not submitted false or misleading information on the application.
(9) The applicant has not had an application for a massage establishment conditional use permit or
land use certificate denied or revoked in the twelve (12) months preceding the date of the current
application.
6
75C-16
Sec. 41-1757. Same--Period of validity.
Any massage establishment conditional use permit or ancillary massage use land use certificate
approved pursuant to this article shall become null and void unless the proposed use is established within one
(1) year of the date from the approval. The permit holder may apply for a single one-year extension of the
permit or certificate, provided that such application is filed prior to the expiration of the permit. Any
application for an extension shall be reviewed by the same procedure as the original permit application. For
purposes of this section, a proposed use shall be deemed to be established if a building permit for the project has
been issued and construction diligently pursued; or, a certificate of occupancy has been issued; or, a complete
application for an extension has been submitted.
Sec. 41-1758. Same--Revocation.
(a) Findings. Any permit or certificate issued pursuant to the provisions of this article maybe
revoked by the city on the basis of any of the following:
(1) The business or use has been conducted in a manner which violates the provisions of this
article, the permit itself, fails to conform to the plans, specifications or procedures
described in the application, violates the occupant load limits set by the fire marshal, or
which violates any city, state, or federal laws.
(2) The permittee has failed to obtain or maintain all required city, county, and state licenses
and permits.
(3) The permit or certificate is being used to conduct a use different from that for which it
was issued.
(4) The permittee has misrepresented a material fact in the application for permit or has not
answered each question therein truthfully.
(5) Due to changes in on-site conditions, the massage establishment or ancillary massage use
lacks sufficient on-site parking area for employees and the public under the standards set
forth in the city's parking ordinance, except for an existing use that is legal and
nonconforming with respect to parking.
(6) The permitted business creates sound levels which violate the noise control ordinance of
the city.
(7) That the use for which the approval was granted has been discontinued, ceased to exist or
has been suspended for a continuous period of twelve (12) months or more.
(b) Notice of hearing. The grantor of the permit shall notice and conduct a public hearing, as
prescribed in this Code, on the proposed permit revocation.
7
75C-17
(c) Hearing. The zoning administrator or designee shall conduct the revocation hearing and hear
testimony regarding the proposed revocation from any interested party. The hearing body shall not be bound by
the formal rules of evidence at the hearing.
(d) Notice. Written notice of hearing on the proposed permit or certificate revocation, together with
written notification of the specific grounds of complaint against the permittee, shall be personally delivered or
sent by certified mail to the permittee at least ten (10) days prior to the hearing.
(e) Decision. The grantor shall revoke, not revoke, or not revoke but add conditions to, the
permittee's massage establishment conditional use permit or ancillary massage use land use certificate.
(f) Decision and notice. Within ten (10) working days of the conclusion of the hearing, the decision-
maker shall render a decision supported by written findings. A copy of the decision and written findings shall
be mailed to the owner of the use or structure for which the permit or certificate was revoked and to any other
person who has filed a written request for such notice.
(g) Time for decision. The decision-maker shall make all efforts to provide a decision as soon as
reasonably possible after the public hearing.
(h) Appeal of decision or call for review. If the decision on revocation is made by the planning
manager or designee, any interested person may appeal the decision to the planning commission, or the decision
may be reviewed by the city council pursuant to a call for review by the council, pursuant to subsection 41-
645(c).
(i) Effective date. The effective date of a decision to revoke a massage establishment conditional use
permit or an ancillary massage use land use certificate shall be as provided in section 41-645.
(j) Renewal. In the event a permit is revoked pursuant to this article, another massage establishment
conditional use permit or ancillary massage use land use certificate shall not be granted to the permittee or on
the site of the permit within twelve (12) months after the date of such revocation.
Sec. 41-1759. Development and operating standards.
(a) The following development and operating standards shall be applied to the operation of any
massage establishment and ancillary massage use:
(1) The owner must advise the City, in writing, at the time of the application for a permit of
the business hours and, thereafter, of any changes in such hours. No person shall operate
a massage establishment or administer a massage in any massage establishment between
the hours of 10:00 p.m. and 8:00 a.m. A massage begun any time before 10:00 p.m.,
must nevertheless terminate at 10:00 p.m. All customers, patrons and visitors shall be
excluded from the massage establishment during these hours and be advised of these
hours.
8
75C-18
(2) All exterior signs identifying the premises as a massage establishment shall comply with
the sign requirements of the City.
(3) Each operator and/or on duty Responsible Employee shall display the operator's permit in
a conspicuous public place in the lobby of the massage establishment.
(4) The hours of operation must be posted in the front window and clearly visible from the
outside.
(5) The operator and/or on duty Responsible Employee must also post, on a daily basis in a
conspicuous public place in the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on-duty massage technicians.
(6) "No loitering" signs shall be posted at the front and rear of the business. No outside
waiting or seating area is permitted in accordance with section 602 of the penal code.
(7) No person shall be permitted to consume alcohol on the premises.
(8) Employees shall be at least eighteen (18) years of age. There shall be a minimum of one
(1) employee managing the massage establishment during all working hours. During
each employee's working hours, the employee shall wear a badge identifying the business
and the employee's full name.
(9) Occupancy shall not exceed that required under the uniform building code and uniform
fire code, and the maximum occupancy load shall be posted at the main entrance.
(10) Window areas shall not be covered or made opaque in any way. All windows and
entrances must be unobstructed at all times.
(11) Lighting levels on the premises within sixty (60) feet of the use and in all required
parking areas shall be maintained at aminimum lfoot-candle of light.
(12) No exterior pay phones shall be permitted.
(13) Rear exits are prohibited unless required by either the building code or the fire code.
When required, rear exit doors shall be kept in a locked closed position and shall have
panic hardware.
(14) No person shall be employed or permitted to act as a massage technician who is not in
possession of a valid, un-revoked massage technician's permit.
(15) No massage establishment shall operate as a school of massage, or use the same facilities
as that of a school of massage, except as provided by a recognized school or massage.
(16) It shall be unlawful for any person to perform any massage upon a member of the general
public while on the premises of a school of massage.
9
75C-19
(17) Residing in an establishment is prohibited. No person or persons shall be allowed to live,
reside or dwell inside the massage establishment at any time. No food of any kind shall
be prepared for sale or sold in the establishment.
(18) No interior doors maybe locked during operating hours.
(b) The following development and operating standards shall be applied to the operation of any
ancillary massage use:
(1) All necessary building permits shall be required for its construction.
(2) If an independent massage room is utilized, it must comply with the following standards:
(A) The door to the massage room may not have a locking mechanism and may not be
accessed directly from the exterior.
(B) Lighting shall be provided within the room at a minimum illumination of/4 foot-
candles.
(3) Ancillary uses may not have signage other than that permitted in section 41- 872(c) of the
SAMC.
(4) The use of frosted or reflective glass is not permitted, nor shall window coverings of any
kind be utilized to screen the interior of the business.
Sec. 41-1760. Applicability to other regulations.
The provisions of this article are not intended to provide exclusive regulation of the regulated expressive
business uses. Such uses must comply with any and all applicable regulations imposed in other articles of the
zoning code, other city ordinances and state and federal law. Should a conflict exist between the provisions of
this article and the provisions of other articles of chapter 41 of this Code, the provisions of this article shall
prevail.
10
75C-20
Chapter 22
MASSAGE ESTABLISHMENTS
Sec. 22-1. Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions
contained in this section shall govern the construction, meaning, and application of words and phrases used in
this chapter:
(a) Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands
or with the aid of any mechanical or electrical apparatus or appliances, or with or without
supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
ointments, or other similar preparations commonly used in this practice.
(b) Massage establishment means any establishment having a fixed place of business where any
individual, firm, association, partnership, corporation, or combination of individuals, engages in,
conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or
health treatments involving massage or baths as the principal functions.
(c) Massage technician means any person who, for any form of consideration whatsoever, gives or
administers to another person a massage as defined or baths as the principal function.
(d) Recognized school of massage means any school or institution of learning which teaches the
theory, ethics, practice, profession, or work of massage, which school or institution has been
approved pursuant to the California Education Code and which requires a resident course of
study of not less than one thousand (1,000) hours to be given in not less than six (6) calendar
months before the student shall be furnished with a diploma or certificate of graduation. Schools
offering a correspondence or online course not requiring actual attendance shall not be deemed a
recognized school. The City of Santa Ana shall have a right to confirm that the applicant has
actually attended class in a recognized school.
(e) Ancillary Use - Any establishment that provides massage services as an accessory or
complementary use to other health or beauty services and that employs no more than two
licensed massage technicians, is subject to any zoning and land use regulations as required by the
Planning & Building Agency
Employee -Includes every owner partner operator, manager, supervisor and worker, whether
paid or not, who renders services of any nature or is otherwise employed in the operation of a
massage establishment For purposes of this chapter the term employee shall also include
massage technicians who provide massage services as independent contractors to a massage
establishment.
`~7~~'z~
Manager -Means any person(s) designated by the operator of the massage establishment to act
as the representative and agent of the operator in managin dail~perations Evidence of
management may include, but is not limited to evidence that the individual has power to direct
or hire and dismiss employees control hours of operation create policy or rules or purchase
supplies. A mana er may also be an owner.
(h) Chair Massage - A seated chair massage is where a patron receives a massage while fully
clothed in a public or semipublic area. The areas massaged are the head neck back and/or arms
only.
Sec. 22-2. Massage establishment permit required.
(a) It shall be unlawful for any person, association, partnership or corporation to engage in, conduct
or carry on, in or upon any premises within the City of Santa Ana, the business of a massage establishment
without a permit issued pursuant to the provisions of this chapter for each and every such massage
establishment.
(b) Any healing arts professional or other State licensed practitioner listed in section 22-6 of this
chapter who employs, or contracts with, more than two (2) massage technicians must obtain a massage
establishment permit.
Sec. 22-2.1. Massage establishment permit -term.
(a) Permits for massage establishments shall be for a period of one (1) year unless sooner revoked
as set forth in this chapter.
(b) No permit granted herein shall confer any vested right to any person or business for more than
the limit period. All massage operators and technicians subject to this chapter shall comply with the provisions
of this chapter and as maybe amended hereafter.
Sec. 22-3. Massage establishment permit application.
(a} Any person, corporation or partnership desiring to obtain a permit to operate a massage
establishment shall make application to the chief of police or his designated representative. Prior to submitting
such application a nonrefundable fee as established by resolution of the city council shall be paid to the
department of finance to defray, in part, the cost of investigation and report required by this chapter. The
department of finance shall issue a receipt showing that such permit application fee has been paid. The receipt,
or a copy thereof, shall be supplied to the chief of police at the time such application is submitted.
(b) The application for permit does not authorize conducting a massage establishment business until
such permit has been granted.
(c) Each applicant for a massage establishment permit shall furnish the following information:
2
75C-22
(I) The full true name and any other names used by the applicant.
(2) The present address and telephone number of the applicant.
(3) The previous addresses of applicant, if any, for a period of wee-~3five 5) years immediately
prior to the date of the application and the dates of residence at each.
(4) Acceptable written proof that the applicant is at least eighteen (18) years of age.
(5) The applicant's height, weight, color of eyes and hair, and date of birth.
(6) Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within the
last ° ° «` ^' „*'~~.thirtv (30) days.
(7) Business, occupation or employment history of the applicant for the twee-(five 5) years
immediately preceding the date of application.
(8) The business license history of the applicant and whether such applicant, in previously operating
in this or any other city, state or territory under license, has had such license revoked or
suspended, the reason tl}erefertherefore, and the business activity or occupation subsequent to
such action of suspension or revocation.
(9) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates
and places of any such convictions.
(10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown
in its articles of incorporation or charter, together with the state and date of incorporation, and
the names and addresses of each of its current officers and directors, and each stockholder
holding more than five (5) per cent of the stock in the corporation. If the applicant is a
partnership, the applicant shall set forth the name, residence address and dates of birth of each of
the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a
copy of its certificate of limited partnership as filed with the county clerk. If one (1) or more of
the partners is a corporation, the provisions of this subsection pertaining to corporations shall
apply. The applicant corporation or partnership shall designate one (1) of its officers or general
partners to act as its responsible managing officer. The responsible managing officer may
complete and sign all applications on behalf of the corporate officers and partners Such
designated persons shall complete and sign all application forms required of an individual
applicant under this chapter, but only one (1) application fee shall be charged.
(11) The name and address of the owner and lessor of the real property upon which the business is to
be conducted, and a notarized copy of the lease or rental agreement.-, including any addendums to
the agreement.
(12) Such other identification and information, including written waivers pursuant to the Education
3
75C-23
Code, as the police department may require in order to discover the truth of the matters
hereinbefore specified as required to be set forth in the application.
(13) T~~i~~ roof of n°~~°° m ° submission to the ~~'~°°r* *° ~~m~~'~California
Department of Justice a complete set of fingerprints ~•~'~°„ „°°a°ataken bYa police department or
California Department of Justice approved contactor The applicant shall be res onsible for
~ayment of any finge~rintin~ fee.
(14) A site plan depicting_the H,,....°~° °T °~*°~.':~~,:.,,. ~a°r*~~°°*~~r building and/or unit proposed for
the massage establishment and a dimensional interior floor plan depicting how the massage
establishment will comply with all applicable requirements of this chapter.
(15) The complete name, date of birth phone number and residence address of the proposed on-site
manager who will be principally in charge of the operation of the establishment and any other
information as requested by the Massage Establishment application A manager mustpossess
the same qualifications as an owner.
(16) A statement in writing and dated by the applicant that he or she certifies under penalty of
perjury that all information contained in the application is true and correct.
(d) The applicant, if an individual, or designated responsible managing officer, if a partnership or
corporation, shall personally appear at the police department of the City of Santa Ana and produce proof that
the required application fee has been paid and shall present the application containing the aforementioned and
described information.
(e) The chief of police shall have thirty (30) calendar days in which to investigate the application
and background of the applicant. The chief of police or his representative shall render a recommendation as to
the approval or denial of the permit to the city manager. The department of building safety and housing, the fire
department and the Orange County Health Department shall inspect the premises proposed to be devoted to the
massage establishment and shall make separate recommendations to the city manager concerning compliance
with the foregoing provisions. The proprietor of such establishment shall pay a health service fee as established
by the County of Orange. Such fees shall be paid directly to the county health officer to be retained by the
county as reimbursement for such inspection.
(f) The city manager, after receiving the application and aforementioned recommendations, shall
grant the permit if he finds:
(1) The required fee has been paid.
(2) The application conforms in all respects to the provisions of this chapter.
(3) The applicant has not knowingly made a material misrepresentation in the application.
(4) The applicant has fully cooperated in the investigation of his application.
4
75C-24
(5) The applicant if an individual, or any of the stockholders of the corporation, any officers or
directors, if the applicant is a corporation, or any of the partners, including limited partners, if the
applicant is a partnership, has not within five (5) years prior to the application filing date been
convicted of an offense involving conduct which requires registration under California Penal
Code Section 290, or of conduct which is a violation of the provisions of California Penal Code
Sections 266i, 314, 31 S, 316, 318, 647(a), 647(b), or 647(d), or any crime involving dishonesty,
fraud, deceit, or moral turpitude, or any felony offense involving the sale of a controlled
substance specified in Sections 11054 through 11058 of the California Health and Safety Code.
(6) The applicant has not had a massage establishment permit or massage technician permit or other
similar license or permit denied or revoked for cause by this city or any other city located in or
out of this state within ~e-fi-ve-~Sten 10) years prior to the date of application.
(7) The massage establishment as proposed by the applicant would comply with all applicable laws
including, but not limited to, health, zoning, fire and safety requirements and standards.
(8) The applicant is at least eighteen (18) years of age.
(g) Any person, corporation or partnership denied a permit by the city manager pursuant to these
provisions may appeal to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code.
(h) It shall be the responsibility of any permit holder to notify the City within thirty (30) days of
chanQin~ either his or her home address or the address of the massage establishment.
Sec. 22-3.1. Massage establishment permit -renewal.
(a) Applications for the renewal of a permit shall be filed with the Chief of Police at least sixty (60)
calendar days before the expiration of the current permit. Temporary permits will not be issued Any permittee
allowing his or her permit to lapse or which permit expired during a suspension shall be required to submit a
new application and pay the corresponding on final application fees.
(b~ Any person desirin~to obtain a renewal of his/her respective permit shall file a written
application under penalty of perjury on the required form with the Chief of Police who shall conduct an
investigation. The application shall be accompanied by a nonrefundable filing fee established by~~arate
resolution of the city council to help defray the cost of the investigation required by this chapter An applicant
shall be required to update the information contained in his/her original permit application and provide any new
and/or additional information as may be reasonably required by the Chief of Police in order to determine
whether said permit should be renewed.
Sec. 22-4. Massage technician permit required.
It shall be unlawful for any person to act as a massage technician unless such person holds a valid permit
issued by the City of Santa Ana pursuant to the provisions of this chapter.
S
75C-25
Sec. 22-5. Massage technician permit [application.]
(a) Any person desiring to obtain a permit to act as a massage technician shall make application to
the chief of police or his designated representative. Prior to submitting such application a nonrefundable fee as
established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost
of investigation and report required by this chapter. The department of finance shall issue a receipt showing that
such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police
at the time such application is submitted.
(b) The application for permit does not authorize acting as a massage technician until such permit
has been granted.
(c) Each applicant for a massage technician's permit ~ayshall furnish all the information required by
section 22-3(c)(1) through 22-3(c)(9) of this chapter, and shall in addition furnish the following information:
(1) A certificate from a medical doctor licensed to practice in the State of California stating that the
applicant has within thirty (30) days immediately preceding the date of application been
examined and found to be free of any contagious or communicable disease.
(2) ~4An original or certified copes diploma or certificate and certified transcripts of graduation
from a "recognized school," if any.
(3) Certification by the City of Santa Ana after successfully obtainin the requisite score for passage
of the City of Santa Ana test as established and approved by chief of police or the city council
The certification of passage shall be valid for one (1) year from the date of the test.
(4) The applicant must provide a valid and current CPR certificate issued by the American Red
Cross or the American Heart Association.
(5) The massage establishment, ~ , at which the applicant expects to be employed, including a
letter of intent to employ from the owner or operator of the massage establishment.
~¢
_~) Such other identification and information, including written waivers pursuant to the Education
Code, as the police department may require in order to discover the truth of the matters
hereinbefore specified as required to be set forth in the application.
(7) Proof of submission to the California Department of Justice a complete set of fingerprints taken
by a police department or California Department of Justice approved contactor The applicant
shall be responsible for ~ayment of any fingerprintin fee
6
75C-26
(8) A statement in writing, and dated, by the applicant that he or she certifies under penalt~of
periury that all information contained in the application is true and correct
(d) The chief of police shall have thirty (30) calendar days in which to investigate the application
and background of the applicant. The chief of police or his representative shall render a recommendation as to
the approval or denial of the permit to the city manager.
(e) The city manager, after receiving the application and aforementioned recommendation, shall
grant the permit if he finds in accordance with section 22-3(f)(1) through 22-3(f)(6), and in addition finds:
(1) The applicant has furnished an acceptable medical certificate in compliance with this chapter.
(2) The applicant has furnished an acceptable diploma or certificate of graduation from a
"recognized school~r ~r'~°~ *'~e~ °~''~^^ a°-~ * a a ~'
~.~ eV~ ~~~J u~~~~o
"1 or is an active member in good
standing in the r-,^'~~ m~^ "~^^^^b° T°°'~~~^~^„^ ^ ^^°^~^*' *'~ American Massage and
a.aaaViaia,A 1.iK,av i VV11111VL{.L11U L 1JJVVLiAT1V11-p1-"tiil~i
Therapy Association AMTA .
-~~ (3) Proof of certification ofpassage of the required City of Santa Ana test.
~4~ The applicant must provide a valid and current CPR certificate issued by the American Red
Cross or the American Heart Association.
~) The applicant has not had a massage establishment permit or a massage technician's permit or
other similar license or permit denied or revoked for cause by this city or any other city located
in or out of this state within tl'ten 10) years prior to the date of application.
(46) The applicant sis at least eighteen (18) years of age.
(f) Any person denied a permit by the city manager pursuant to these provisions may appeal to the
city council pursuant to Chapter 3 of the Santa Ana Municipal Code.
(g) It shall be the responsibility of any permit holder to notify the City of his or her home address as
well as the address of any business establishment where he or she re ularly works as a massage technician
whether as an employee or as an independent contractor A permit holder shall notify the City within thirt~30)
days of changing either his or her home address or the address of the massage establishment where he or she
re ug larly works as a massage technician.
Sec. 22-5.1. Massage technician Hermit -renewal.
~a) Applications for the renewal of a permit shall be filed with the Chief of Police at least sixty (60)
calendar days before the expiration of the current permit Temporarypermits will not be issued An~permittee
allowing his or her permit to lapse or which permit expired durin a suspension shall be required to submit a
75C-27
new application and day the corresponding on final application fees.
(b) Anv person desiring_to obtain a renewal of his/her res ecp five permit shall file a written
application under penalty of perjury on the required form with the Chief of Police who shall conduct an
investigation. The application shall be accompanied by a nonrefundable filing.fee established by separate
resolution of the city council to help defray the cost of the investigation required by this chapter An applicant
shall be required to update the information contained in his/her on fig nal permit application and provide any new
and/or additional information as maybe reasonably required by the Chief of Police in order to determine
whether said permit should be renewed.
(c) A massage technician permittee shall also be required to submit with his or her renewal
application the following documents:
(1) A certificate, under penalty of perjury from a medical doctor licensed to practice in the state of
California stating that the applicant has, within at least thirty (30) calendar days immediately
preceding the date of application, been examined and found to be free of any contagious or
communicable disease.
(2) Two (2) color photographs of the applicant at least two (2j inches by two (2) inches taken within
the last thirt~(30) dates.
(3) The applicant must provide a valid and current CPR certificate issued by the American Red
Cross or the American Heart Association.
(4) Proof that the applicant has successfully retaken and passed the City of Santa Ana test described
in section 22-5(eZ3) within thirt~(30~days immediatelypreceding the date of filing an
application for renewal.
(5) Has submitted proof of completion of at least fifteen (15) hours of continuing education courses
in massage from a recognized school of massa eg or a qualified massage association On-line and
correspondence courses do not meet this requirement. A maximum of six (6 hours maybe
applied toward the fifteen hours of continuing education required by the section for obtaining_a
CPR certificate.
Sec. 22-6. Exemptions.
The provisions of this chapter shall not apply to the following classes of individuals while engaged in
the performance of the duties of their respective professions:
(a) Acupuncturists, Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are
duly licensed to practice their respective professions in the State of California. Practical nurses,
licensed vocational nurses, or other persons without qualifications as massage technicians and
without first obtaining a massage technician permit pursuant to this chapter whether employed
or contracted by acupuncturists physicians surgeons chiropractors or osteopaths or not maw
75C-28
give massage or massage procedures.
(b) Hospitals, nursing homes, sanatoriums, or other health care facilities duly licensed by the State
of California.
(c) Nurses registered under the laws of the State of California.
(d) ;~ur1'°~^''°r^ ^~a ~°^"*" ~^r'°r^, ~-^r~-°r^ ^Ma ~- *~ Barbers, cosmetologists, manicurists and
estheticians who are duly licensed under the laws of the State of California when engaged in
such practice within the scope of their license. Except that this exception applies solely for the
massaging of the neck, face and/or scalp of the customer of said barber or cosmetologist or in the
case of a licensed manicurist, the massaging of the forearm, hands calves and/or feet. State
licensed estheticians may provide skin care which is limited to the face neck arms or upper part
of the human body .
(e) Accredited high schools and colleges, and coaches and trainers therein while acting within the
scope of their employment.
(f) Trainers of any amateur, semiprofessional or professional athlete or athletic team.
(~) An individual who is certified pursuant to Chapter 10.5 commencing with Section 4600 of
Division 2 of the California Business and Professions Code and who is practicing consistent
with the qualifications established by his or her certification.
Sec. 22-6.1. Persons working for exempted individuals.
Any person conducting massage for an exempted class individual must possess a massage technician
permit and shall comply with all massage regulations. A massage technician employed by an exempted class
individual must work under the direction and control of that individual who must be physically present at the
location where the massage is being administered. A massage technician cannot rent office space or workspace
at an exempt individual's location.
Sec. 22-6.2. Evidence of exempt status.
(a) Any person or business exempted from the provisions of this chapter pursuant to Section 22-6
shall file with the City a copy or provide other evidence of the certificates permits licenses registration or
other approved authorizing documentation held bathe persons who are providin massage services at the
business, prior to commencing services within the City
(b) The City shall have the authority to make reasonable investigations into the information so
provided pursuant to this Section.
75C-29
Sec. 22-7. Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the following requirements:
(a) Slgn. ~'7~h~nn4 t., ..~~1; .,~lo v"uiiauiivvo, •, ~+L,lo „a lo..:l.lo ~.L...11 1... .,E1.,7 .,a al. ,.
.Establishment must
comply with the City of Santa Ana sign ordinance contained in Chapter 41.
(b) Lighting. Minimum lighting shall be provided in accordance with Article 220 of the National
Electric Code, and, in addition, at least one (1) unobstructed artificial light of not less than €er~y
(49sixt 60) watts shall be provided in each room or enclosure where massage services are
performed on patrons.
(c) Ventilation. Minimum ventilation shall be provided in accordance with Section 1105 of the
Uniform Building Code.
(d) Equipment. Adequate equipment for disinfecting and sterilizing instruments used in performing
the acts of massage shall be provided.
(e) Water. Hot and cold running water shall be provided at all times.
(f) Linen storage. Closed cabinets shall be provided for storage of clean linens, and approved
receptacles shall be provided for storage of soiled linen.
(g) Separation of sexes. If male and female patrons are to be served simultaneously at the massage
establishment, a separate massage room or rooms, separate dressing facilities and separate toilet
facilities shall be provided for male and female patrons, and each such separate facility or room
shall be clearly marked as such.
(h) Bathing, dressing, locker, toilet facilities. Adequate bathing, dressing, locker and toilet facilities
shall be provided for patrons. A minimum of one (1) tub or shower, one (1) dressing room
containing a separate locker for each patron to be served, which locker shall be capable of being
locked, and a minimum of two (2) toilets and two (2) wash basins in separate rooms, one (1) for
males and one (1) for females, shall be provided for every massage establishment.
(i) Facilities for employees. A minimum of one (1) separate wash basin shall be provided in each
massage establishment for the use of employees of any such establishment, which basin shall
provide soap or detergent and hot and cold running water at all times and shall be located within
or as close as practicable to the area devoted to the performing of massage services. In addition,
there shall be provided sanitary towels in permanently installed dispensers at each wash basin.
(j) Compliance with Code. Proof of compliance with all applicable provisions of the Santa Ana
Municipal Code shall be provided.
Sec. 22-8. Massage facilities operation.
10
75C-30
Every person who owns, operates, manages or is employed in any massage establishment shall comply
with the following operating requirements. These requirements shall be prominently and publicly displayed in a
conspicuous place upon every premises operating under the provisions of this chapter:
(a) No person shall be employed or permitted to act as a massage technician who is not in
possession of a valid unrevoked massage technician's permit.
(b) Bath and massage operations shall be carried on and the premises shall be open only between the
hours of X8:00 a.m. "~to 10:00 ~;U.m.
(c) A list of services available and the cost of such services shall be posted in an open, public place
on the premises, and shall be described in readily understandable language. No owner, operator,
responsible managing employee, independent contractor, manager, or permittee shall permit, and
no massage technician shall offer to perform any services other than those posted.
(d) The owner/operator of a massage establishment shall prominently display the massage
establishment permit; and any and all permits for each and every massage
technician employed in the establishment, ~h;311 he-d;_pl~y~rl i~-a^ -r~== ~~~ ~~~~r=~~~...., r~..~.~. In
the front lobby area of the premises.-, for examination upon demand b~any police or code
enforcement officer of the City.
~e (e) Each massage technician shall wear a photo identification card prepared and issued by
the City while administering a massage. The identification card shall be worn on outer clothing
with the photo facing out. The massage technician shall not use any name other than specified
on the photo identification card while on duty
(f) Massage establishments shall at all times be equipped with an adequate supply of clean sanitary
towels, coverings and linens. Clean towels, coverings and linens shall not be used on more than
one (1) patron unless they have first been laundered and disinfected. Disposable towels and
coverings shall not be used on more than one (1) patron. Soiled linens and paper towels shall be
deposited in approved receptacles.
(€g) In any establishment in which massage services are rendered only to members of the same sex at
any one (1) time, such persons of the same sex shall be placed in a single separate room or the
operators of the massage establishment may elect to place such persons of the same sex in
separate rooms or booths having adequate ventilation to an area outside said room or booth while
massage services are being performed.
(gh) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments,
toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once
each day the premises are open, with a disinfectant approved by the health department. Bathtubs
shall be thoroughly cleaned with a disinfectant approved by the health department after each use.
All walls, ceilings, floors and other physical facilities for the establishment must be in good
repair and maintained in a clean and sanitary condition.
11
75C-31
(13i) Instruments utilized in performing massage shall not be used on more than one (1) patron unless
they have been sterilized using approved sterilizing methods.
(i~) No persons shall enter, be or remain in any part of a massage establishment while in the
possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a
prescription for such drugs. The owner, operator, responsible managing employee, manager or
permittee shall not permit any such person to enter or remain upon such premises.
(}k) No massage establishment shall operate as a school of massage, or use the same facilities as that
of a school of massage, except as provided below. Tl~e „°„°°r~ -~r.:~,. ~•^° °~m^^^^~-°
°.,~.,l.l;^l,m°,,+ ~ ..;1;+:°^ ., "E~6A~9Sfit'~g2~-@~~i~tii~g^vir6f-13zi^vre-~ °cE°c-riroE~~~o '"
eta~ti~x°a '~••* ^''^"'~~~is~tiec~en-ewe€e~ T^~~• ' , ' °~ It shall be unlawful for any
person to perform any massage upon a member of the general public while on the premises of a
school of massage.
(1) No part of the establishment shall be used for residential or sleeper purposes No cooking or
food preparation shall be allowed on the premises unless a full service kitchen is installed. Such
a kitchen shall be for the sole use of employees and shall be installed in an "employees only"
area. The full service kitchen shall have a minimum of a sink and hot and cold running water a
refrigerator, a stove and sufficient cabinets to store cooking utensils.
(m) All massage establishments shall have a manager on the premises at all times the massage
establishment is open. The designated manager must possess a valid and current CPR certificate
issued by the American Red Cross or the American Heart Association.
(n) The operator or the manager in the operator's absence shall be responsible for ensuring
compliance with this Chapter and any applicable provisions of the Santa Ana Municipal Code
Any change in management must be reported to the Police Department within ten (10) days
(o) An operator and/or on-dut~ger shall be responsible for the conduct of all employees or
independent contractors, while the employees are on the licensed premises Any act of omission
of any employee constituting a violation of the provisions of this ordinance and any applicable
provision of the Santa Ana Municipal Code shall be deemed the act of omission of the operator
for the purposes of determining whether the operator's license shall be revoked suspended or
renewed.
Sec. 22-9. Inspections.
The department of building safety and housing, fire and health departments shall, from time to time and
at least twice each year, make an inspection of each massage establishment in the City of Santa Ana for the
purpose of determining that the provisions of this Code are met. The proprietor of such establishment shall pay
such fees as established by the County of Orange as reimbursement for the county health officer's public health
and sanitation services provided in connection with the enforcement of this chapter.
12
75C-32
Sec. 22-10. Sale or transfer.
(a) Upon the sale or transfer of any interest in a massage establishment, the permit shall be null and
void. ~ person, firm or entity desiring to own or operate the massage
establishment.- shall make a new application. A fee as established by resolution of the city council shall be
payable for each such application involving sale or other transfer of any interest in an existing massage
establishment. The provisions of section 22-3 of this chapter shall apply to any person, firm, or entity applying
for a massage establishment permit for premises previously used as such establishment.
(b) Any such sale or transfer of any interest in an existing massage establishment or any application
for an extension or expansion of the building or other place of business of the massage establishment shall
require inspection and shall require compliance with section 22-7 of this chapter.
(c) The owner or operator of a massage establishment shall be responsible for notifying the City of
any intention to rename, Chan e management, change location or convey the business to another ep rson
Sec. 22-11. Change of location or name.
(a) A change of location of any of the aforementioned and described premises maybe approved by
the chief of police and city planner, provided all ordinances and regulations of the City of Santa Ana are
complied with and a change of location fee as established by resolution of the city council is deposited with the
city.
(b) No permittee shall operate under any name or conduct any establishment under any designation
not specified in his permit.
Sec. 22-12. Prohibited conduct.
(a) It shall be unlawful for any massage technician to perform any massage services in any
commercial establishment other than a premises holding a valid massage establishment permit~e
~.,.,,~;oa t,., *t,o ,. ,~~,.,,,o,.
~~
(b) A massage technician shall be fully clothed at all times and shall not expose their genitals ubic
area, buttocks, or in the case of female technicians their breasts and such practices shall not be allowed or
permitted by the massage establishment permittee or his designate
(c) A massage technician shall not give massages at any location other than on the premises of a
massage establishment with a valid massage establishment permit or a business location other than the one
specified on the technician's permit.
(d) A massage technician shall not give a massage unless the breasts of female patrons are covered
and the genitals of all patrons are covered and such practices shall not be allowed or permitted by the massage
establishment permittee or his designate.
13
75C-33
(e) No massage, for a fee, shall be done at the residence of a permitted massage technician or in any
hotel, or motel in the City.
(fl It is a violation of this chapter for a permit holder to commit and the City may deny an
application for a permit or discipline a permit holder for, any of the following
>~ Unprofessional conduct, including, but not limited to, denial of licensure, revocation. suspension
restriction, or any other disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency or by another California health
care professional licensing board. A certified copy of the decision order or judgment shall be
conclusive evidence of these actions.
(2) Procuring a permit by fraud, misrepresentation, or mistake.
(3) Violating or attempting to violate, directly or indirectly or assisting in or abetting the violation
of, or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by
the City.
(4) Conviction or plea of uilty or polo contendere to any felony or misdemeanor or infraction that is
substantially related to the qualifications or duties of a permit holder in which event the record
of the conviction or plea shall be conclusive evidence of the crime.
(5) Conviction or plea of guilty or polo contendere to an f~lony or misdemeanor or infraction
directly related to the operation of a massage establishment.
~6) Impersonating an applicant or actin as a proxy for an applicant in any examination referred to
under this chapter for the issuance of a permit.
~) Impersonating a certified practitioner or therapist or permitting or allowing an uncertified person
to use a permit•
(8) Committing any fraudulent, dishonest or corrupt act that is substantially related to the
qualifications or duties of a permit holder.
(9) Committing any act punishable as a sexually related crime.
Sec. 22-13. Suspension or revocation.
When the city manager finds that any person holding a permit under the provisions of Chapter 22 has
violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the
license as set forth in sections 22-2 and 22-4, he may revoke or suspend the permit. No such revocation shall
become effective until the permit holder has been notified in writing by certified mail of his right to appeal the
revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely appeal is filed, the
14
75C-34
revocation shall be effective only upon decision of the city council. Otherwise, the revocation shall become
effective after the timely appeal period has passed.
Sec. 22-14. Conducting as a nuisance.
Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter
shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney may, in
addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take
such other steps and shall apply to such courts or courts as may have jurisdiction to grant such relief as will
abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or
maintaining a massage establishment contrary to the provisions of this chapter.
Sec. 22-15. Existing businesses.
The provisions of this chapter shall be applicable to all persons and businesses described herein whether
the herein described activities were established before or after the effective date of this chapter.
Sec. 22-16. Advertising Requirement.
All advertising shall include the Massage Establishment Permit number Conditional Use Permit
number, or Land Use Certificate number in anv advertisement of services appearin in anv printed or electronic
advertising medium. The reference does not have to contain the words "Massage Establishment Permit"
"Conditional Use Permit", or "Land Use Certificate". "City of Santa Ana permit number" or similar language
will suffice so long as the correct permit /certificate number is included
Sec. 22-17. Violation -Penalty.
Any person violating this chapter shall be guilty of a misdemeanor punishable by a fine ofone-thousand
dollars ($1,000) or by imprisonment for a period not to exceed six (6) months or by both such fine and
imprisonment.
15
75C-35
POS~~~
APR 2 4 2008
TOM DAL , CLERK•RECORDER
~ DEPUTY
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCIL MEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vincent F. Sarmiento
Sal Tinajero
CITY OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza (M-20)
P.O. BOX 1988 . Santa Ana, California 92702
(714) 667-2700 • Fax (714) 973-1461
www.santa-ana.org
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Patricia E. Healy
NOTICE OF INTENT
TO ADOPT A NEGATIVE DECLARATION
This is to inform the general public that the City of Santa Ana proposes to adopt a Negative
Declaration for the following project:
Project Title: Amendment to Chapters 22 and 41 -Regulating massage establishments and
massage technician permits within the City
Project Description: The proposed project consists of the following: To amend the City of
Santa Ana Municipal Code by adding new definitions, development
standards and operational standards regarding massage
establishments and massage technician permits citywide. Massage
establishments as a primary use will be permitted in portions of the C-
1, C-2, C-3, C-4, C-5 and P zoning districts with a conditional use
permit while massage establishments as an ancillary .use will be
permitted with a land-use certificate under specified conditions.
Massage technicians will be required to provide additional
documentation prior to receiving their massage technician permit and
will be required to renew that license on annual basis.
Project Location:
Project Number:
Public Review Period:
Hearing Date:
Hearing Location:
Citywide
ZOA 2008-01, OA-2008-02, ER 2008-95
4-24-08 to 5-13-08
6-2-2008
City of Santa Ana Council Chambers
22 Civic Center Plaza
Santa Ana, CA 92702
The Negative Declaration and Initial Study as well as all referenced documents will be available for
public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center
[L~ i~~
POSTED
APR 2 4 2008
TOM DAL ~, CLERK-RECORDER
~' DEPUTY
Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City
on or before 5-13-08. Please direct your comments to: Environmental Coordinator, City of Santa
Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702.
If you have any questions or would like any additional information, please contact Matt Foulkes at
(714) 667- 2712.
75C-37
PSTED
APR 2 4 2008
TOM DALE ,CLERK-RECORDER
By DEPUTY
MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Claudia C. Alvarez
COUNCIL MEMBERS
P. David Benavides
Carlos Bustamante
Michele Martinez
Vincent F. Sarmiento
Sal Tinajero
CITY. OF SANTA ANA
PLANNING & BUILDING AGENCY
20 Civic Center Plaza (M-20)
P.O. BOX 1988 .Santa Ana, California 92702
(714) 667-2700 • Fax (714) 973-1461
wvuw.santa-ana.org
CITY MANAGER
David N. Ream
CITY ATTORNEY
Joseph W. Fletcher
CLERK OF THE COUNCIL
Pafricia E. Healy
NEGATIVE DECLARATION;
Pursuanf to fhe Procedures of the City of Santa Ana for implementation of the California
Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the
project described below:
Project Number: ZOA 2008-01, OA-2008-02, ER 2008-98
Applicant: City of Santa Ana
Project Location /Address: Citywide
Project Title /Description: Amendment to Chapters 22 and 41-regulating massage
establishments and massage technician permits within the City. The proposed project
would amend the City of Santa Ana Municipal Code to include definitions, development
standards and operational standards for massage establishments and massage technician
permits. Massage establishments as a primary use will be permitted in portions of the C-1,
C-2, C-3, C-4, C-5 and P zoning districts with a conditional use permit while massage
establishments as an ancillary use will be permitted with aland-use certificate under specified
conditions. Massage technicians will also be required to provide additional documentation
prior to receiving their massage technician permit and will be required to renew their
permit on an annual basis.
And does hereby find:
That the proposed project cannot, or will not, have a significant effect on the environment.
Negative Declaration status is therefore granted for this project. No mitigation measures are
required for the proposed project.
Signature: Date:
Environmental Coordinator
This determination is not final until adopted by fhe decision-making body or administrative official,
and a Notice of Determination is filed.
75C-38
Environmental Checklist
CEQA Compliance
PLANNING DIVISION
I. Project Title: Amendment to Chapters 22 and 41 - Regulating massage establishments and massage
technician permits cltywlde
II. Project Numbers: ZOA-2008-01 OA-2008-02 and ER 2008-95
III. Lead Agency Name and Address: City of Santa Ana
Planning Division (M-20)
P.O. Box 1988, Santa Ana, CA 92702
IV. Contact and Phone Number: Matt Foulkes (714) 667-2712
V. Project Location: Citywide
VI. Project Sponsor's Name and Address:
City of Santa Ana Planning Division
VII, General Plan Designation:
Citywide
VIII. Zoning:
Citywide
IX. Description of Project:
The proposed project would amend the City of Santa Ana Municipal Code by adding new definitions,
development standards and operational standards regarding massage establishments and massage
technician permits citywide. Massage establishments as a primary use will be permitted in portions of the C-
1, C-2, C-3, C-4, C-5 and P zoning districts with a conditional use permit while massage establishments as an
ancillary use will be permitted with aland-use certificate under specified conditions.
X. Surrounding Land Uses and Setting:
Citywide
XI. Other agencies whose approval is required.
No approval is required from outside agencies.
LL1M:1Development ProjectslMassage OrdinanceWegative Declaration Docs~~q~E=y~~ntal checklist and responses.doc Page 1 of 2
1 i
t( 1.'
Environmental Checklist
CEQA Compliance
Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by that project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
O Aesthetics
O Agricultural Resources
O Air Quality
0 Biological Resources
O Cultural Resources
O Geology and Soils
O Hazards and Hazardous Materials
O Hydrology and Water Quality
O Land Use and Planning
O Mineral Resources
O Noise
O Population and Housing
O Public Services
O Recreation
O Transportation and Traffic
O Utilities and Service Systems
O Mandatory Findings of Significance
Environmental Determination
On the basis of this initial evaluation; I-find that:
A. ® The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE
DECLARATION will be prepared.
B. ^ Although the proposed project could have a significant effect on the environment, there will not be a significant
effect in this case because revisions to the project have been made by or agreed to by the applicant. A
MITIGATED NEGATIVE DECLARATION will be prepared.
C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT
REPORT is required.
D. ^ Although the proposed project could have a significant effect on the environment, because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that are imposed upon the project, nothing further is required.
E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only
minor technical changes or additions are necessary to make the previous EIR adequate and these changes do
not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR
shall be prepared.
F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however,
subsequent proposed changes in the project and/or new information of substantial importance will cause one
or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared.
Signature
Date
Matt Foulkes. Assistant Planner I
Printed Name
LL\M:1Development ProjectslMassage OrdinancelNegative Declaration Docs Env" ental checklist and responses.doc Page 2 of 2
~~~ ~~~
Environmental Checklist
CEQA Compliance
Evaluation of Environmental Impacts:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parentheses following each question. A "No
Impact" answer is adequately supported if the referenced information sources show that the impact
simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone).
A "No Impact" answer should be explained where it is based on project-specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific
screening analysis).
II. All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact."
The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to
a less than significant level.
Less than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues ~ Supporting Information Sources Impact Incorporated Impact Impact
I. Aesthetics -Would the project:
A. Have a substantial adverse effect on a scenic vista? ^ ^ ^
B. Damage scenic resources, including but not limited ^ ^ ^
to, trees, rock outpourings and historic buildings
within a state highway?
C. Substantially degrade the existing visual character
or quality of the site and its surroundings? ^ ^ ^
D. Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area? ^ ^ ^
75C-41
Environmental Checklist
CEQA Compliance
Issues & Supporting Information Sources
Less than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
11. Agricultural Resources - In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model prepared by the California Department of Conservation as an optional model to use in
assessing impacts on agricultural farmland. Would the project:
A. Convert Prime Farmland, Unique Farmland or ^ ^ ^
Farmland of Statewide Importance (Farmland) to
non-agricultural use? (The Farmland Mapping and
Monitoring Program in the California Resources
Agency, Department of Conservation, maintains
detailed maps of these and other categories of
farmland.)
B. Conflict with existing zoning for agricultural use or a ^ ^ ^
Williamson Contract?
C. Involve other changes in the existing environment ^ ^ ^
which, due to their location or nature, could
individually or cumulatively result in loss of
Farmland, to non-agricultural use?
III. Air Quality -Where available, the significant criteria established by the applicable air quality management or
pollution control district may be relied upon to make the following determinations. Would the project:
A. Conflict with or obstruct implementation of ^ ^ ^
applicable Air Quality Attainment Plan or
Congestion Management Plan?
B. Violate any stationary source air quality standard or ^ ^ ^
contribute to an existing or proposed air quality
violation?
C. Result in a cumulatively considerable net increase ^ ^ ^
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard (including
releasing emission which exceeds quantitative
thresholds for ozone precursors)?
D. Expose sensitive receptors to substantial pollutant ^ ^ ^
concentrations?
75C-42
Environmental Checklist
CEQA Compliance
Less than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Issues & Supporting Information Sources Impact Incorporated Impact Impact
E. Create objectionable .odors affecting a substantial ^ ^ ^
number of people?
IV. Biological Resources -Would the project:
A. Have a substantial adverse impact, either directly ^ ^ ^
or through habitat modifications, on any species
identified as a candidate, sensitive or special
status species in local or regional plans, policies or
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Services?
B. Have a substantial adverse impact on any riparian ^ ^ ~
habitat or natural community identified in local or
regional plans, policies, and regulations or by the
California Department of fish and Game or U.S.
Fish and Wildlife Service?
C. Adversely impact federally protected wetlands ^ ^ ^
(including, but not limited to, marsh, vernal pool,
coastal, etc.) either individually or in combination
with the known or probable impacts of other
activities through direct removal, filling hydrological
interruption, or other means?
D. Conflict with any local .policies or ordinances ^ ^ ^
protecting biological resources, such as tree
preservation policy or ordinance?
V. Cultural Resources -Would the project:
A. Cause a substantial adverse change in the ^ ^ ^
significance of a historical resource as defined in
Section 15064.5?
B. Cause a substantial adverse change in the ^ ^ ^
significance of a unique archaeological resource
pursuant to define Section 15064.5?
C. Directly or indirectly disturb or destroy a unique ^ ^ ^
paleontological resource or site?
75C-43
Environmental Checklist
CEQA Compliance
Less than
Significant
Potentially with Less Than
Issues ~ Supporting Information Sources Significant Mitigation Significant No
Impact Incorporated Impact Impact
D. Disturb any human remains, including those ^ ^ ^
interred outside of formal cemeteries?
VI. Geology and Soils -Would the project:
A. Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
1. Rupture of a known earthquake fault, as ^ ^ ^
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault?
( 2. Strong seismic ground shaking? ^ ^ ^
3. Seismic-related ground failure, including ^ ^ ^
liquefaction?
4. Landslides? ^ ^ ^
B. Would the project result in substantial soil erosion ^ ^ ^
or the loss of topsoil?
C. Would the project result in the loss of a unique ^ ^ ^
geologic feature?
D. Is the project located on strata or soil that is ^ ^ ^
unstable or that would become unstable as a result
of the project and potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
E. Where sewers are not available for the disposal of ^ ^ ^
wastewater, is the soil capable of supporting the
use of septic tanks or alternative wastewater
disposal systems?
75C-44
Environmental Checklist
CEQA Compliance
Less than
Issues & Supporting Information Sources
VII. Hazardous and Hazardous Materials -Would the project:
Significant
Potentially with Less Than
Significant Mitigation Significant
Impact Incorporated Impact
A. Create a significant hazard to the public or the ^
environment through the routine transport, use or
disposal of hazardous materials?
B. Emit hazardous emissions or handle hazardous or ^
acutely hazardous materials, substance or waste
within one-quarter mile of an existing or proposed
school?
C. Be located on a site which is located on a list of ^
hazardous materials sites compiled pursuant to
Government Code Section 659662.5 and, as a
result, would it create a significant hazard to the
public or the environment?
D. For a project located within an airport land use ^
plan or where such a plan has not been adopted,
within two miles where of a public airport or public
use airport, would the project result in a safety
hazard for people residing or working in the project
area?
VIII. Hydrology and Water Quality -Would the project:
A. Violate Regional Water Quality Control Board ^
water quality standards or waste discharge
requirements?
B. Substantially deplete groundwater supplies or ^
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (i.e., the production rate of pre-existing
nearby wells would drop to a level which would not
support existing land uses or planned, uses for
which permits have been granted)?
C. Substantially alter the existing drainage pattern of ^
the site or area, including through the alteration of
the course of stream or river, or substantially
increase the rate or amount of surface runoff in a
manner which would result in flooding on or off-
site?
^ ^
^ ^
^ ^
^ ^
^ ^
^ ^
^ ^
No
Impact
75C-45
1 ~
" '-~ Environmental Checklist
1 j
CEQA Compliance
Less than
Significant
Potentially with Less Than
Issues & Supporting Information Sources Significant
Impact Mitigation
Incorporated Significant
Impact No
Impact
D. Create or contribute runoff water which would ^ ^ ^
exceed the capacity of existing or planned storm
water drainage systems or provide substantial
additional sources of polluted run-off?
E. Otherwise substantially degrade water quality? ^ ^ ^
F. Place housing within a 100-year floodplain, as ^ ^ ^
mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood hazard
delineation map?
G. Place within a 100-year floodplain structures which ^ ^ ^
would impede or redirect flood flows?
H. Expose people or structures to a significant risk of ^ ^ ^
loss, injury, or death involving flooding, including
flooding as a result of the failure of a levee or dam.
I. Result in an increase in pollutant discharges to ^ ^ ^
receiving waters? Consider water quality
parameters such as temperature, dissolved
oxygen, turbidity and other typical storm water
pollutants (e.g. heavy metals, pathogens,
petroleum derivatives, synthetic organics,
sediment, nutrients, oxygen-demanding
substances; and trash)
J. Result in significant alteration of receiving water ^ ^ ^
quality during or following construction?
K. Could the proposed- project result in increased ^ ^ ^
erosion downstream?
L. Result in increased. impervious surfaces and ^ ^ ^
associated increased runoff?
M. Create a significant adverse environmental impact ^ ^ ^
to drainage patterns due to changes in runoff flow
rates or volumes?
N. Tributary to an already impaired water body, as ^ ^ ^
listed on the Clean Water Act Section 303(d) list: If
so, can it result in an increase in any pollutant of
which the water body is already impaired?
75C-46
Environmental Checklist
CEQA Compliance
Less than
Significant
Potentially with Less Than
Issues ~ Supporting Information Sources Significant
Impact Mitigation
Incorporated Significant
Impact No
Impact
O. Tributary to other environmentally sensitive areas? ^ ^ ^
If so, can it exacerbate already existing sensitive
conditions?
P. Have a potentially significant environmental impact ^ ^ ^
on surface water quality to either marine, fresh, or
wetland waters?
Q. Have a potentially significant adverse impact on ^ ^ ^
groundwater qualify?
R. .Cause or contribute to an exceedance of ^ ^ ^
applicable surface or groundwater receiving water
quality objectives or degradation of beneficial
uses?
S. Impact aquatic, wetland, or riparian habitat? ^ ^ ^
IX. Land Use and Planning -Would the project:
A. Physically divide an established community? ^ ^ ^
B. Conflict with any applicable land use plan, policy, ^ ^ ^
or regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the. purpose of avoiding or
mitigating an environmental effect?
C. Conflict with any applicable habitat conservation ^ ^ ^
plan or natural community conservation plan?
X. Mineral Resources -Would the project:
A. Result in the loss of availability of a locally- ^ ^ ^
important mineral resource recovery site
delineated on a local general plan, specific plan, or
other land use plan?
75C-47
Environmental Checklist
CEQA Compliance
Issues & Supporting Information Sources
XI Noise -Would the project result in:
Less than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
A. Exposure of persons to or generation of noise ^ ^ ^
levels in excess of standards established in the
local general plan or noise ordinance, or applicable
standards of other agencies?
B. Exposure of persons to or generation of excessive ^ ^ ^
groundborne vibration or groundborne noise
levels?
C. A substantial permanent increase in ambient noise ^ ^ ^
levels in the project vicinity above levels existing
without the project?
D. A substantial temporary or periodic increase in ^ ^ ^
ambient noise levels in the project vicinity above
levels existing without project?
E. For a project located within an airport .land use ^ ^ ^
plan or where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing or
working in the project area to excessive noise
levels?
XII. Population and Housing -Would the project:
A. Induce substantial population growth in an area, ^ ^ ^
either directly (for example, by proposing new
homes and business) or indirectly (for example,
through extension of roads or other infrastructure)?
B. Displace substantial numbers of existing housing, ^ ^ ^
necessitating the construction of replacement
housing elsewhere?
C. Displace substantial numbers of people, ^ ^ ^
necessitating the construction of replacement
housing elsewhere?
75C-48
Environmental Checklist
CEQA Compliance
Issues & Supporting Information Sources
XIII. Public Services
Less than
Significant
Potentially with Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
A. Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service rations, response
times or other performance objectives for any of
the public service:
1. Fire protection? ^ ^ ^
2. Police protection? ^ ^ ^
3. Schools? ^ ^ ^
4. Parks? ^ ^ ^
5. Other public facilities? ^ ^ ^
~.
XIV. Recreation
A. Would the project increase the use of existing ^
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
B. Does the project include recreational facilities or ^
require the construction or expansion of
recreational facilities which might have an adverse
physical effect on the environment?
XV. Transportation /Traffic
A. Cause an increase in traffic which is substantial in ^
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial
increase in either the number of vehicle trips, the
volume to capacity ration on roads, or congestion
at intersections)?
^ ^
^ ^
^ ^
75C-49
t i
~` ;~ j Environmental Checklist
CEQA Compliance
Less than
Significant
Potentially with Less Than
Issues & Supporting Information Sources Significant Mitigation Significant No
Impact Incorporated Impact Impact
B. Exceed, either individually or cumulatively, a level ^ ^ ^
of service standard established by the county
congestion management agency for designated
roads or highways?
C. Result in a change in air traffic patterns, including ^ ^ ^
either an increase in traffic levels or a change in
location that results in substantial safety risks?
D. Substantially increase hazards to a design feature ^ ^ ^
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
E. Result in inadequate emergency access? ^ ^ ^
F. Result in inadequate parking capacity? ^ ^ ^
G. Conflict with adopted policies supporting ^ ^ ^
alternative transportation (e.g., bus turnouts,
bicycle racks)?
XVI. Utilities and Service Systems
A. Exceed wastewater treatment requirements of the ^ ^ ^
applicable Regional Water Quality Control Board?
B. Require or result in the construction of new water ^ ^ ^
or wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
C. Require or result in the construction of new storm ^ ^ ^
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
D. Are sufficient water supplies available to serve the ^ ^ ^
project from existing entitlements and resources or
are new or expanded entitlements needed?
75C-50
Environmental Checklist
CEQA Compliance
E. Result in the determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
Less than
Significant
Potentially with Less Than
Issues & Supporting Information Sources Significant
Impact Mitigation
Incorporated Significant
Impact No
Impact
F. Is the project served by a landfill with sufficient ^ ^ ^
permitted capacity to accommodate the project's
solid waste disposal needs?
G. Comply with federal, state and local statutes and ^ ^ ^
regulations related to solid waste?
XVII. Mandatory Findings of Significance
A. Does the project have the potential to degrade the ^ ^ ^
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
B. Does the project have impacts that are individually ^ ^ ^
limited but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, effects of other current projects and the
effects of probable future projects.)
C. Does the project have environmental effects which ^ ^ ^
will cause substantial adverse effects on human
beings, either directly or indirectly?
75C-51
Responses to
Environmental Checklist
For CEQA Compliance
The following is an analysis of potential environmental impacts associated with the proposed project
based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference
information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR
No. 97-1).
REQUEST
The proposed project is a request to amend the City of Santa Ana Municipal Code to establish an
ordinance to define and regulate massage establishments and massage, technician permits citywide.
PROJECT DESCRIPTION
The proposed amendment to the Municipal Code would establish new definitions and regulations for the
operation of massage establishments and massage technician permits. These new regulations would
establish location criteria as well as development and operational standards for this new use.
RESPONSES TO ENVIRONMENTAL CHECKLIST
The following is an analysis of potential environmental impacts associated with the proposed amendment
to the Municipal Code to establish an ordinance to regulate massage establishment uses. The analysis is
based upon the City of Santa Ana Environmental Check List. The analysis focuses on impacts associated
with approval of the proposed amendment to the municipal code.
AESTHETICS
A. Have a substantial adverse effect on a scenic vista?
B. Damage scenic resources, including but not limited to trees, rock outpourings and historic
buildings within a State highway?
No Impact
Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not result in adverse impacts to any
scenic vista, or scenic resource, in that future massage establishments implemented under the proposed
ordinance would not be located in areas that contain scenic vistas. Additionally, through the City's
development review process, proposed massage establishments implemented under the amended
zoning ordinance would be evaluated for potential aesthetic impacts. Where needed, mitigation
measures would be required to minimize potential aesthetic impacts.
C. Substantially degrade the existing visual character or quality of the site and its
surroundings?
75C-52
Responses to
Environmental Checklist
For CEQA Compliance
No Impact
Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not degrade the visual character of
the City, in that the proposed ordinance would establish criteria to help minimize potential visual impacts
associated with location and operation of massage establishments. Through the conditional use permit
and land-use certificate process, proposed massage establishments would be subject to planning review
to ensure compliance with. the standards established in the proposed ordinance as well as evaluated for
potential aesthetic impacts.
D. Create a new source of substantial light or glare, which would adversely affect day or
nighttime views in the area?
No Impact
The proposed amendment to the Municipal Code to regulate massage establishments and massage
technician permits would not introduce substantial amounts of new light and glare impacts, in that the
proposed ordinance would establish criteria to regulate onsite lighting. Additionally, massage
establishments permitted under the proposed ordinance would typically be located in existing commercial
areas with onsite or nearby street lighting.
II. AGRICULTURE
A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-
agriculture use?
B. Conflict with existing zoning for agriculture use or a Williamson Contract?
C. Involve other changes in the existing environment, which, due to their location or nature,
could individually or cumulatively result in loss of Farmland, to non-agriculture use?
No Impact
According to the California Department of Conservation Farmland Mapping and Monitoring Program, the
City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Approval of the proposed
amendment to the Municipal Code to regulate massage establishments and massage technician permits
would not result in impacts to agricultural resources, in that the proposed ordinance would not permit
massage establishments in areas that contain Prime Farmlands or Unique Farmlands.
III. AIR QUALITY
A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or
congestion Management Plan?
No Impact
The City of Santa Ana is included within the South Coast Air Quality Management District and subject to
the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality
75C-53
Responses to
Environmental Checklist
For CEQA Compliance
Management Plan (AQMP) is the primary p-anning document to monitor if air quality standards and
objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are
based upon population and growth projections provided in regional planning programs and local general
plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond
those identified in regional planning programs and local general plans. The proposed zoning ordinance
amendments would not have any effect on the growth projections in the City's General Plan. Therefore,
approval of the proposed ordinance would not be in conflict with the South Coast AQMP.
B. Violate any stationary source air quality standard or contribute to an existing or proposed
air quality violation?
C. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project- region is non-attainment under an applicable
federal or state ambient air quality standard?
D. Expose Sensitive receptors to substantial pollutant concentrations?
E. Create objectionable odors affecting a substantial number of people?
No Impact
Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not result in any short-term
construction related or long-term operational air quality impacts or odor impacts, in that approval of the
proposed ordinance would not involve any activities that would emit long-term or short-term air quality
emissions or odor pollutants. Through the land-use certificate and conditional use permit process future
massage establishments implemented under the proposed ordinance would be evaluated for potential
long-term and short-term air quality impacts and odor impacts.
BIOLOGICAL RESOURCES
A. Have a substantial adverse impact, either directly or through habitat modifications, on any
species identified as a candidate, sensitive or special status species in local or regional
plans, policies or regulations or by the California Department of Fish and game or U.S.
Fish and Wildlife Services?
B. Have a substantial adverse impact on any riparian habitat or natural community identified
in local or regional plans, policies, and regulations or by the California Department of Fish
and game or U.S. Fish and Wildlife. Service?
C. Adversely impact federally protected wetlands either individually or in combination with
the known or .probable impacts of .other activities through direct removal, filling
hydrological interruption, or other means?
D. Conflict with any local policies or ordinances protecting biological resources, such as tree
preservation policy or ordinance?
No Impact
According to the City's Updated General Plan Land Use Element EIR and the California Department Fish
and Game Natural Diversity Data Base, there is a limited amount of sensitive biological resources within
the City. Approval of the proposed ordinance amendments would not result in any adverse impacts to any
sensitive biological resources, in that the proposed ordinance would not permit massage establishments
in areas that contain sensitive biological resources.
75C-54
Responses to
Environmental Checklist
For CEQA Compliance
CULTURAL RESOURCES
A. Cause a substantial adverse change in the significance of a
historical resource as defined in Section 15064.5?
B. Cause a substantial adverse change in the significance of a unique archaeological resource
pursuant to Section 15064.5?
C. Directly or indirectly disturb or destroy a unique paleontogicaf resource or site?
D. Disturb any human remains, including those interred outside of formal cemeteries.
No Impact
According to the City's General Plan Land Use Element EIR, the City of Santa Ana is known to contain
cultural resources. Additionally, according to the General Plan Land Use Element EIR there is high
probability that unknown cultural resources may exist in the City. Approval of the proposed amendments
to the Municipal Code to establish an ordinance for the regulation of massage establishments and
massage technician permits would not result in impacts to any cultural resource, in that approval of the
proposed ordinance would not involve any activities that would disturb known or unknown cultural
resources. Through the land-use certificate and conditional use permit process, future massage
establishments implemented under the proposed ordinance would be evaluated for potential impacts to
known and unknown cultural resources.
GEOLOGY/SOILS
A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State geologist for the area or based on other
substantial evidence of a known fault?
A-2. Strong Seismic Ground shaking?
A-3. Seismic-related ground failure, including liquefaction?
A-4. Landslides
No Impact
According to the City's General Plan Land Use Element EIR there are no active earthquake faults,
Alquist-Priolo Earthquake Zones or landslides within the City. However, several active faults are located
within fifty miles of the City. In the event a moderate to high earthquake occurs along one of these faults,
portions of the City could experience moderate seismic shaking impacts. However, the seismic risks in
Santa Ana are similar to other areas in the southern Californian region. Additionally, according to the
General Plan Land Use Element EIR, the potential for liquefaction hazards within the City ranges from
very low to very high. Approval of the proposed amendments to the Municipal Code to establish an
ordinance for the regulation of massage establishments and massage technician permits would not
increase the potential for seismic impacts, and liquefaction impacts, in that the approval of proposed
ordinance would not involve the development of any structures that would be subject to seismic shaking
impacts or liquefaction hazards. Through the land-use certificate and conditional use permit process,
future massage establishments implemented under the proposed ordinance would be evaluated for
potential seismic risks.
B. Would the project result in substantial soil erosion or the loss of topsoil?
75C-55
Responses to
Environmental Checklist
For CEQA Compliance
No Impact
Approval of the proposed amendments to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not result in or increase the potential
for soil erosion or sedimentation impacts, in that the approval of the proposed ordinance would not
involve any activities that would disturb soils. Through the land-use certificate and conditional use permit
process, future massage establishments implemented under the proposed ordinance would be evaluated
for potential soil erosion impacts and would be subject to the City's erosion control requirements.
C. Would the project result in the loss of a unique geological feature?
No Impact
According to the City's General Plan Land Use Element EIR there are no known geological hazards or
unique geologic features in the City. Therefore, approval of the proposed ordinance amendments would
not result in the loss of any unique geologic features.
D. In the project located on strata or soil that is unstable or that would become unstable as a
result of the project and potentially result in on-or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
E. Where sewers are not available for the disposal of wastewater is the soil capable of
supporting the use of septic tanks or alternative wastewater disposal systems?
No Impact
According to the City's General Plan Land Use Element EIR, Santa Ana contains a wide variety of soil
types and associated geotechnical constraints. Approval of the proposed ordinance amendments would
not involve the construction of any structures that would be subject to geotechnical constraints. Through
the land-use certificate and conditional use permit process, future massage establishments implemented
under the proposed ordinance would be evaluated for potential soil constraints. Additionally, future
massage establishments implemented under the proposed ordinance would be required to use sewer
systems.
HAZARDS/HAZARDOUS MATERIALS
A. Create a significant hazard to the public or the environment through the routine transport,
use or disposal. of hazardous materials?
B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance
or waste within one-quarter mile of an existing or proposed school?
C. Be located on a site which is located on a list of hazardous material sites compiles
pursuant to Government Code Section 659662.5 and, as a result, would it create a
significant hazard to the public or the environment?
No Impact
Approval of the proposed ordinance amendments would not result in the creation of or increase the
potential of any significant hazardous material impacts to the public, in that the approval of the proposed
75C-56
Responses to
Environmental Checklist
For CEQA Compliance
ordinance would not involve any activities that would include the handling, storage or distribution of
hazardous materials or emit hazardous emissions.
D. For a project located within an airport land use plan or where such a plan has not been
adopted, within two mites where a public airport or public use airport, would the project
result in a safety hazard for people residing or working in the project area?
No Impact
According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs
Land Use Plan, Santa Ana is not located within any aircraft accident potential zones. Additionally, there
are no private airstrips in the City. Therefore, approval of the proposed amendments to the Municipal
Code would not increase the potential for safety hazards for people residing in or working within the City.
HYDROLOGYNVATER QUALITY
A. Violate Regional Water Quality Control Board water quality standards or waste discharge
requirements?
E. Otherwise substantially degrade water quality?
I. Result in an increase in pollutant discharges to receiving waters?
N. Tributary to an already impaired water body, as listed orr the Clean Water Act Section
303(d) list. If so, can it result in an increase in any pollutant of which the body is already
impaired?
R. Cause or contribute to an exceedance of applicable surface or groundwater receiving
water quality objectives or degradation of beneficial uses?
No Impact
The City of Santa Ana is included within four watersheds; San Diego Creek, Santa Ana River, Talbert and
Westminster. Each of these watershed areas are .under the jurisdiction of the Santa Ana Regional Water
Quality Control Board and subject to the objectives, water quality standards and Best Management
Practice requirements. established in the Santa Ana River Basin Plan and Orange County Drainage Area
Management Plan. The City of Santa Ana does not contain any impaired water bodies, as defined by
Section 303 of the Clean Water Act. However, the City does contain several drainage facilities that
convey surface water runoff into bodies of water that are classified as impaired. Approval of the.
proposed amendments to the Municipal Code to establish an ordinance for the regulation of massage
establishments and massage technician permits would not directly involve routine waste discharges that
would be in conflict with water quality standards established by the State Regional Water Quality Control
Board, in that the approval of the proposed ordinance would not involve any long term operations or
construction activities that would involve the discharge of water. Through the land-use certificate and
conditional use permit process, future massage establishments implemented under the proposed
ordinance would be evaluated for potential water quality impacts and would be subject to the City's storm
water protection requirements.
B. Substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the local
groundwater table level.
Q. Have a potentially significant adverse impact on groundwater quality?
75C-57
Responses to
Environmental Checklist
For CEQA Compliance
No Impact
The City of Santa Ana receives 66% of its water from underground water supplies. The underground
water basin in the City ranges from -50-feet to +40-feet above sea level. Presently, the City pumps
underground water from 21 water wells. Fourteen of the water wells pump ground water into small
surface reservoirs. The remaining seven water wells pump underground water into the City's distribution
system. Approval of the proposed amendments to the Municipal Code to establish an ordinance for the
regulation of massage establishments and massage technician permits would not result in adverse
impacts to underground water supplies or prevent the recharge of underground water supplies, in that
approval of the proposed ordinance would not involve any activities that would impact underground water
supplies or provide impervious surfaces that would prevent the recharge of underground water supplies.
C. Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, or substantially increase the rate or amount of
surface runoff in a manner, which would result in flooding on or off-site?
D. Create or contribute runoff water which would exceed the capacity of existing or planned
storm water drainage systems or provide substantial additional sources of polluted run-
off?
L. Result in increased impervious surfaces and associated runoff?
M. Create a significant adverse environmental impact to drainage patterns due to changes in
runoff flow rates or volumes.
No Impact
The City of Santa Ana has a Master Plan of Drainage to guide the construction of adequate drainage
facilities in the City. The facilities include a series of underground storm drain systems, open storm drain
systems, catch basins and natural drainages. A significant drainage impact can occur when existing rates
of surface water runoff are increased and existing drainage facilities are unable to accommodate the
additional rates of runoff. Existing rates of surface water runoff can increase through the introduction of
additional amounts of impervious surfaces, or through changes to existing drainage patterns. Approval of
the proposed amendments to the Municipal Code to establish an ordinance for the regulation of massage
establishments -and massage technician permits would not alter existing drainage patterns or increase
existing rates of surface water runoff, in that approval of the proposed ordinance would not introduce
additional impervious surfaces or involve the development of any activities that would impact existing
drainage patterns. Through the land-use certificate and conditional use permit process, future massage
establishments implemented under the proposed ordinance would be evaluated for potential drainage
impacts.
F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
G. Place within a 100-year floodplain structures which would impede or redirect flood flows?
H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
No Impact
The City's General Plan identifies that portions of Santa Ana are within the 100-year flood Zone. Approval
of the proposed amendments to the Municipal Code to establish an ordinance for the regulation of
massage establishments and massage technician permits would not facilitate development within areas
subject to 100-year flood risks.
75C-58
Responses to
Environmental Checklist
For CEQA Compliance
J. Result in significant alteration of receiving water quality during or following construction.
K. Could the proposed project result in increased erosion downstream?
No Impact
Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of
erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of
groundcover, which leaves the soil exposed. Approval of the proposed ordinance would not result in
erosion impacts, in that the proposed amendments would not involve any construction activities that
would disturb or uncover soils to facilitate erosion impacts. Through the land-use certificate and
conditional use permit process, future massage establishments implemented under the proposed
ordinance would be evaluated for potential soil erosion impacts and would be subject to the City's erosion
control requirements.
O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing
sensitive conditions?
P. Have a potentially significant environmental impact or surface water quality to either
marine, fresh or wetland waters?
S. Impact aquatic, wetland or riparian habitat?
No Impact
According to the City's General Plan Land Use Element EIR, there are no sensitive marine waters, fresh
waters or wetlands in the City. However, the City does contain several drainage systems that convey
drainage flows to sensitive marine resources. Pollutants conveyed through these drainage systems could
adversely impact sensitive marine resources. Approval of the proposed ordinance would not result in any
activities that would discharge pollutants into sensitive downstream marine resources. Through the land-
use certificate and conditional use permit process, future massage establishments implemented under
the proposed ordinance would be evaluated for potential water quality impacts and would be subject to
the City's storm water protection requirements.
LAND USE/PLANNING
A. Physically divide an established community?
No Impact
The proposed amendment to the Municipal Code to establish an ordinance for the regulation of massage
establishments and massage technician permits would provide location criteria and operational standards
to ensure that massage establishments would not encroach into or physically divide any established
communities or neighborhoods in Santa Ana. No adverse land use impacts would be associated with the
approval of the proposed ordinance.
B. Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project adopted for the purpose of avoiding or mitigating an
environmental effect?
No Impact
75C-59
Responses to
Environmental Checklist
For CEQA Compliance
The proposed project would amend the City's Municipal Code by establishing an ordinance that provides
criteria for the location and operation of massage establishments and updates the procedure to acquiring
a massage technician permit. Approval of the proposed ordinance would not be in conflict with the City's
General Plan or any other relevant planning program in the City.
C. Conflict with any applicable habitat conservation plan or natural community plan?
No Impact
According to the City's General Plan Land Use Element EIR, there are no habitat conservation plans or
natural community conservation plans established within the City of Santa Ana. Therefore, approval of
the proposed ordinance would not be in conflict with any habitat conservation or natural community
conservation plan.
MINERAL RESOURCES
A. Result in the loss of availability of a locally important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan?
No Impact
The City's General Plan Land Use Element EIR identifies that there are no areas in Santa Ana that
contains Significant Mineral Aggregate Resource Areas. Therefore, approval of the proposed ordinance
would not result in adverse impacts to any significant mineral resource.
NOISE
A. Exposure of persons to or generation of noise Levels in excess of standards established in
local general plan or noise ordinance, or applicable standards of other agencies.
B. A substantial permanent increase in ambient noise levels in the project vicinity above
levels existing without the project.
C. Exposure of persons to or generation of excessive groundborne vibration or groundborne
noise levels.
D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity
above levels existing without project.
No Impact
Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not result in any long-term noise or
ground borne vibration impacts, in that the proposed ordinance would not involve any activities that would
emit long term operation noise impacts or short term construction related noise impacts. Through the
land-use certificate and conditional use permit process, future massage establishments implemented
under the proposed ordinance would be evaluated for potential noise impacts and would be subject to the
City's noise standards.
E. For a project located within an airport land use plan or where such a plan has not been
adopted, within two mites of a public airport or public use airport, would the project
expose people residing or working in the project area to excessive noise levels?
75C-60
Responses to
Environmental Checklist
For CEQA Compliance
No Impact
According to the Orange County Airport Environs Land Use Plan portions of Santa Ana are impacted by
aircraft noise. Approval of the amendments to the Municipal Code to establish an ordinance for the
regulation of massage establishments and massage technician permits would not facilitate development
within areas impacted with aircraft noise. Through the land-use certificate and conditional use permit
process, future massage establishments implemented under the proposed ordinance would 6e evaluated
for potential aircraft noise impacts and would be subject to the City's noise standards.
POPULATION/HOUSING
A. Induce substantial population growth in an area, either directly or indirectly through
extension of roads or other infrastructure.
B. Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere.
C. Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
No Impact
The proposed amendment to the Municipal Code to establish an ordinance for the regulation of massage
establishments and massage technician permits would not induce substantial growth in the City or
displace substantial numbers of existing housing or population, in that approval of the proposed
ordinance would not involve any activities that would generate additional population or displaces homes
and/or population.
PUBLIC SERVICES
Fire Protection, Police Protection, Schools, Parks, Other Public Facilities
No Impact
Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not increase the demand for
additional public services over current levels of service being provided in the City, in that the approval of
the proposed ordinance would not involve any activities that would substantially increase the demands for
public services. Through the land-use certificate and conditional use permit process, future massage
establishments implemented under the proposed ordinance would be evaluated for potential public
service impacts.
RECREATION
A. Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would
occur or be accelerated?
B. Does the project include recreational facilities or require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment.
75C-61 to
Responses to
Environmental Checklist
For CEQA Compliance
No Impact
Approval of the proposed ordinance would not increase the use of any recreational facilities or result in
the significant need for additional recreational facilities, in that the proposed ordinance would not involve
any activities that would increase the demands for recreational facilities. No adverse impacts to
recreation facilities would be associated with the approval of proposed ordinance.
TRANSPORTATION/TRAFFIC
A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and
capacity of the street system?
B. Exceed, either individually or cumulatively, a level of service standard established by the
county congestion management agency for designated roads or highways?
C. Result in a change in air traffic patterns, including either an increase in traffic levels or a
change in location that results insubstantial safety risks?
D. Substantially increase hazards to a design feature
E. Result in inadequate emergency access
F. Result in inadequate parking capacity
G. Conflict with adopted policies supporting alternative transportation
No Impact
Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not have an impact on traffic
volumes, roadway configurations, parking capacities, emergency access or level of services established
in the County of Orange Congestion Management Plan, in that the proposed ordinance would not involve
any activities that would generate additional traffic or parking needs. Through the land-use certificate and
conditional use permit process, future massage establishments implemented under the proposed
ordinance would be evaluated for potential traffic, circulation and parking impacts.
UTILITIES/SERVICE SYSTEMS
A. Exceed wastewater treatment requirements of the applicable Regional Water Quality
Control Board?
B. Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects?
C. Require or result in the construction of new storm water drainage facilities or expansion
of existing facilities, the construction of which could cause significant environmental
effects?
D. Are sufficient water supplies available to serve the project from existing entitlements and
resources or are new or expanded entitlements needed?
E. Result in the determination by the wastewater treatment provider, which serves or may
serve the project that it has adequate capacity to serve the project's projected demand in
addition to the providers existing commitments.
F. Is the project served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs?
G. Comply with federal, state and local statutes and regulations related to solid waste?
75C-62 I t
Responses to
Environmental Checklist
For CEQA Compliance
~ ~._.
No Impact
Approval of the proposed amendment to the Municipal Code to establish an ordinance for the regulation
of massage establishments and massage technician permits would not increase the demand for
additional utilities and service systems over current levels of service being provided in the City, in that the
proposed ordinance would not involve any activities that would increase the demands for utility systems.
Through the land-use certificate and conditional use permit process, future massage establishments
implemented under the proposed ordinance would be evaluated for potential impacts to utility service
systems.
MANDATORY FINDINGS OF SIGNIFICANCE
A. Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory.
No Impact
The proposed ordinance would not have a direct impact on any plant or wildlife species or historical
property in Santa Ana, in that the proposed ordinance would not involve any activities that would impact
plant, wildlife or historic resources or degrade the quality of the environment.
B. Does the project have impacts that are individually limited but cumulatively considerable?
No Impact
Approval of the proposed ordinance would not result in any significant cumulative impacts, in that the
proposed ordinance would not involve any activities that would result in cumulative impacts to the
environment.
C. Does the project have environmental effects, which will cause substantial adverse effects
on human beings either directly or indirectly?
No Impact
Approval of the proposed ordinance would not cause any substantial adverse effects on human beings, in
that the proposed ordinance would not involve any activities that would result in adverse effects to human
beings or the environment.
XVIII. DETERMINATION
Based upon the evidence in light of the whole record documented in the above evaluation and cited
references, I find that the proposed project would not have a significant impact on the environment and a
Negative Declaration has been prepared.
75C-63
12
Responses to
Environmental Checklist
For CEQA Compliance
XVIV. REFERENCES
City of Santa Ana General Plan, 1997
City of Santa Ana, General Plan EIR, 1997
California Environmental Quality Act Guidelines
California Department of Conservation Farmland Mapping and Monitoring Program
South Coast Air Quality Management District Air Quality Management Plan
California Department of Fish and Game Natural Diversity Data Base
Orange County Airport Environs Land Use Plan
XX.PREPARER
Matt Foulkes, Assistant Planner I, City of Santa Ana
~ '~~
75C-64 t3
ROH 3/2/09
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTERS 22
AND 41 OF THE SANTA ANA MUNICPAL CODE TO
UPDATE THE CITY'S REGULATION OF MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Provisions of the General Plan of the City and Chapter 41 of the
Santa Ana Municipal Code do not specifically identify massage
parlors as a land use or specifically designate zoning districts
throughout the City where massage parlors may or may not be
permitted.
B. For this reason, on May 21, 2007, at a regularly scheduled public
meeting, the City Council adopted Ordinance No. NS-2744, which
established a moratorium to prohibit the establishment of any new
or expansion of any existing massage parlor, or issuance of new
(non-replacement) massage technician permit. Thereafter, on June
27, 2007, at a regularly scheduled, duly noticed public hearing, the
City Council adopted Ordinance No. NS 2753, which extended this
moratorium until May 17, 2008. Thereafter, on May 5, 2008, at a
regularly schedules, duly noticed public hearing, the City Council
adopted Ordinance No. NS 2766, which again extended this
moratorium until May 5, 2009.
C. Because of its age, current provisions of the Santa Ana Municipal
Code fail to fully take into account the potential impacts associated
with the establishment of massage parlors and fail to address the
needs of the City and its residents today and in the future. As such,
provisions of the General Plan and/or the Santa Ana Municipal
Code ("the Code"), including Chapters 22 and 41, need revision in
order to respond to recent concerns relating to the potential
establishment of new massage parlors, expansion of existing
massage parlors, or adding new massage technicians, within the
City.
Ordinance No. NS-XXX
75C-65 Page 1 of 36
D. Given these concerns, the City Council requested that a study be
undertaken of the current provisions of the General Plan and
Chapters 22 and 41 of the Code to classify massage parlors and
determine where, and under what conditions additional massage
parlors should be permitted. In addition, the City Council requested
an analysis of the current permitting scheme for permitting of
massage technicians to determine whether they fully meet the
needs of the City's residents. Since adoption of Ordinance Nos.
NS 2744, NS-2753, and NS-2766, staff has held interagency
meetings and has completed a study of the current provisions of
the General Plan and Chapter 41 of the Code to classify massage
parlors and to determine where and under what conditions such
businesses should be permitted in the City. These efforts have led
to preparation of proposed amendments to Chapters 22 and 41 of
the Santa Ana Municipal Code. At a meeting held on April 22,
2008, these proposed amendments were shared with interested
owners and operators of massage establishments at a public
meeting held in City Hall. The City's Planning Commission held a
duly noticed public hearing on these proposed changes to the
Santa Ana Municipal Code on April 28, 2008; after closing the
public hearing and deliberating the Commission unanimously
continued consideration of these proposed amendments. At its
meeting of January 12, 2009, the City's Planning Commission
amended and approved the proposed amendments to Chapters 22
and 41 of the Santa Ana Municipal Code.
E. Without adoption of this ordinance, properties in the City would
quickly receive entitlements to establish massage parlors, expand
existing massage parlors or persons would obtain permits to
operate as massage technicians, despite the fact that the city
council has determined that the Code is in need of updating and
has directed that a study be done to recommend new standards
and revise the Code to address concerns created by new and
expanded permits for massage related activities.
F. While some massage parlors are beneficial to the community and
offer needed services, others in Southern California have been
associated with a number of detrimental impacts such as
prostitution, late hours of operation, reduced property values and
noise.
G. Chapter 22 of the Code, which regulates massage establishments
and massage technicians and is enforced by the Police
Department, has been substantially unchanged since 1976. For
comparison, Anaheim, Orange and Costa Mesa have all updated
their massage regulations within the last several years.
Ordinance No. NS-XXX
Page 2 of 36
75C-66
H. In order to prevent frustration of said studies, hearings, draft code
amendments and the implementation thereof, the public interest,
health, safety and welfare require the immediate enactment of this
ordinance. The absence of this ordinance would create a serious
threat to the orderly and effective implementation of any code
amendments or general plan amendments which may be adopted
by the city as a result of the studies in that the establishment or
construction of massage parlors may be in conflict with or frustrate
the contemplated updates and revisions to the Code, general plans
or specific plans. Moreover, permitting massage parlors to be
established or expanded, or new massage technicians to be
permitted during said studies and implementation would create
impacts on the public health, safety and welfare that the city
council, in adopting this ordinance, has found to be unacceptable.
The Request for Council Action for this ordinance dated March 2,
2009 and duly signed by the City Manager shall, by this reference,
be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony constitute the
necessary findings for this ordinance.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to
this Ordinance. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Ordinance. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves the negative declaration and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange
in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1),
the City Council has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by
paved concrete, roadways, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5, the payment
of Fish and Game Department filing fees is not required in conjunction with this
project.
Ordinance No. NS-XXX
75,.,_67 Page 3 of 36
Section 3. Section 22-1 of the Santa Ana Municipal Code is hereby amended to
add pertinent definitions to this chapter, such that it reads as follows (new language in bold,
deleted language in strikeout for tracking purposes only):
Sec. 22-1. Definitions.
Unless the particular provision or the context otherwise requires, the
definitions and provisions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this chapter:
(a) Massage means any method of pressure on, or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or
with the aid of any mechanical or electrical apparatus or
appliances, or with or without supplementary aids such as rubbing
alcohol, liniments, antiseptics, oils, powder, creams, ointments, or
other similar preparations commonly used in this practice.
(b) Massage establishment means any establishment having a fixed
place of business where any individual, firm, association,
partnership, corporation, or combination of individuals, engages in,
conducts, carries on or permits to be engaged in, conducted or
carried on, massages, baths, or health treatments involving
massage or baths as the principal functions.
(c) Massage technician means any person who, for any form of
consideration whatsoever, gives or administers to another person a
massage as defined or baths as the principal function.
(d) Recognized school of massage means any school or institution of
learning which teaches the theory, ethics, practice, profession, or
work of massage, which school or institution has been approved
pursuant to the California Education Code and which requires a
resident course of study of not less than one thousand (1,000)
hours to be given in not less than six (6) calendar months before
the student shall be furnished with a diploma or certificate of
graduation. Schools offering a correspondence or online course
not requiring actual attendance shall not be deemed a recognized
school. The City of Santa Ana shall have a right to confirm that the
applicant has actually attended class in a recognized school.
(e) Ancillary Use -Any establishment that provides massage
services as an accessory or complementary use to other
health or beauty services, and that employs no more than two
licensed massage technicians, is subject to any zoning and
Ordinance No. NS-XXX
Page 4 of 36
75C-68
land use regulations as required by the Planning & Building
Agency.
(f) Employee -Includes every owner, partner, operator, manager,
supervisor and worker, whether paid or not, who renders
services of any nature or is otherwise employed in the
operation of a massage establishment. For purposes of this
chapter, the term employee shall also include massage
technicians who provide massage services as independent
contractors to a massage establishment.
(g) Manager- Means any person(s) designated by the operator of
the massage establishment to act as the representative and
agent of the operator in managing daily operations. Evidence
of management may include, but is not limited to, evidence
that the individual has power to direct or hire and dismiss
employees, control hours of operation, create policy or rules,
or purchase supplies. A manager may also be an owner.
(h) Chair Massage - A seated chair massage is where a patron
receives a massage while fully clothed in a public or
semipublic area. The areas massaged are the head, neck,
back and/or arms only.
Section 4. Section 22-2 of the Santa Ana Municipal Code is hereby amended to
add a subsection, such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 22-2. Massage establishment permit required.
(a) It shall be unlawful for any person, association, partnership or
corporation to engage in, conduct or carry on, in or upon any premises within the
City of Santa Ana, the business of a massage establishment without a permit
issued pursuant to the provisions of this chapter for each and every such
massage establishment.
(b) Any healing arts professional or other State licensed
practitioner listed in section 22-6 of this chapter who employs, or contracts
with, more than two (2) massage technicians must obtain a massage
establishment permit.
Section 5. Section 22-2.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Ordinance No. NS-XXX
75C-69 Page 5 of 36
Sec. 22-2.1. Massage establishment permit -term.
(a) Permits for massage establishments shall be for a period of one (1)
year, unless sooner revoked as set forth in this chapter.
(b) No permit granted herein shall confer any vested right to any
person or business for more than the limit period. All massage operators and
technicians subject to this chapter, shall comply with the provisions of this
chapter and as may be amended hereafter.
Section 6. Section 22-3 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage establishment permits, such that it reads as
follows (new language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-3. Massage establishment permit application.
(a) Any person, corporation or partnership desiring to obtain a permit to
operate a massage establishment shall make application to the chief of police or
his designated representative. Prior to submitting such application a
nonrefundable fee as established by resolution of the city council shall be paid to
the department of finance to defray, in part, the cost of investigation and report
required by this chapter. The department of finance shall issue a receipt showing
that such permit application fee has been paid. The receipt, or a copy thereof,
shall be supplied to the chief of police at the time such application is submitted.
(b) The application for permit does not authorize conducting a
massage establishment business until such permit has been granted.
(c) Each applicant for a massage establishment permit shall furnish the
following information:
(1) The full true name and any other names used by the applicant.
(2) The present address and telephone number of the applicant.
(3) The previous addresses of applicant, if any, for a period of #~i~ee
~3five (5) years immediately prior to the date of the application and
the dates of residence at each.
(4) Acceptable written proof that the applicant is at least eighteen (18)
years of age.
(5) The applicant's height, weight, color of eyes and hair, and date of
birth.
Ordinance No. NS-XXX
Page 6 of 36
75C-70
(6) Two (2) photographs of the applicant at least two (2) inches by two
(2) inches taken within the last ~~~ ~~` m^^+".thirty (30) days.
(7) Business, occupation or employment history of the applicant for the
}hrcrrrc°c-Tvfive (5) years immediately preceding the date of
application.
(8) The business license history of the applicant and whether such
applicant, in previously operating in this or any other city, state or
territory under license, has had such license revoked or suspended,
the reason +"~herefore, and the business activity or
occupation subsequent to such action of suspension or revocation.
(9) All convictions, including ordinance violations, exclusive of traffic
violations, stating the dates and places of any such convictions.
(10) If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation or
charter, together with the state and date of incorporation, and the
names and addresses of each of its current officers and directors,
and each stockholder holding more than five (5) per cent of the
stock in the corporation. If the applicant is a partnership, the
applicant shall set forth the name, residence address and dates of
birth of each of the partners, including limited partners. If the
applicant is a limited partnership, it shall furnish a copy of its
certificate of limited partnership as filed with the county clerk. If one
(1) or more of the partners is a corporation, the provisions of this
subsection pertaining to corporations shall apply. The applicant
corporation or partnership shall designate one (1) of its officers or
general partners to act as its responsible managing officer. The
responsible managing officer may complete and sign all
applications on behalf of the corporate officers and partners.
Such designated persons shall complete and sign all application
forms required of an individual applicant under this chapter, but
only one (1) application fee shall be charged.
(11) The name and address of the owner and lessor of the real property
upon which the business is to be conducted, and a notarized copy
of the lease or rental agreement-, including any addendums to
the agreement.
(12) Such other identification and information, including written waivers
pursuant to the Education Code, as the police department may
require in order to discover the truth of the matters hereinbefore
specified as required to be set forth in the application.
Ordinance No. NS-XXX
7 ~ w _~ ~ Page 7 of 36
(13) T"-.~-~TProof of ~ submission to the aisa+~t
+^ {~ ~~~California Department of Justice a complete set of
fingerprints ~~~"°^ ^°°~'°~'taken by a police department or
California Department of Justice approved contactor. The
applicant shall be responsible for payment of any
fingerprinting fee.
(14) A site plan depicting the building and/or unit proposed for the
massage establishment and a dimensional interior floor plan
depicting how the massage establishment will comply with all
applicable requirements of this chapter.
(15) The complete name, date of birth, phone number and
residence address of the proposed on-site manager who will
be principally in charge of the operation of the establishment,
and any other information as requested by the Massage
Establishment application. A manager must possess the same
qualifications as an owner.
(16) A statement in writing, and dated, by the applicant that he or
she certifies under penalty of perjury that all information
contained in the application is true and correct.
(d) The applicant, if an individual, or designated responsible managing
officer, if a partnership or corporation, shall personally appear at the police
department of the City of Santa Ana and produce proof that the required
application fee has been paid and shall present the application containing the
aforementioned and described information.
(e) The chief of police shall have thirty (30) calendar days in which to
investigate the application and background of the applicant. The chief of police or
his representative shall render a recommendation as to the approval or denial of
the permit to the city manager. The department of building safety and housing,
the fire department and the Orange County Health Department shall inspect the
premises proposed to be devoted to the massage establishment and shall make
separate recommendations to the city manager concerning compliance with the
foregoing provisions. The proprietor of such establishment shall pay a health
service fee as established by the County of Orange. Such fees shall be paid
directly to the county health officer to be retained by the county as
reimbursement for such inspection.
(f) The city manager, after receiving the application and
aforementioned recommendations, shall grant the permit if he finds:
(1) The required fee has been paid.
Ordinance No. NS-XXX
Page 8 of 36
75C-72
(2) The application conforms in all respects to the provisions of this
chapter.
(3) The applicant has not knowingly made a material misrepresentation
in the application.
(4) The applicant has fully cooperated in the investigation of his
application.
(5) The applicant if an individual, or any of the stockholders of the
corporation, any officers or directors, if the applicant is a
corporation, or any of the partners, including limited partners, if the
applicant is a partnership, has not within five (5) years prior to the
application filing date been convicted of an offense involving
conduct which requires registration under California Penal Code
Section 290, or of conduct which is a violation of the provisions of
California Penal Code Sections 266i, 314, 315, 316, 318, 647(a),
647(b), or 647(d), or any crime involving dishonesty, fraud, deceit,
or moral turpitude, or any felony offense involving the sale of a
controlled substance specified in Sections 11054 through 11058 of
the California Health and Safety Code.
(8) The applicant has not had a massage establishment permit or
massage technician permit or other similar license or permit denied
or revoked for cause by this city or any other city located in or out of
this state within a-{5ten (10) years prior to the date of
application.
(7) The massage establishment as proposed by the applicant would
comply with all applicable laws including, but not limited to, health,
zoning, fire and safety requirements and standards.
(8) The applicant is at least eighteen (18) years of age.
(g) Any person, corporation or partnership denied a permit by the city
manager pursuant to these provisions may appeal to the city council pursuant to
Chapter 3 of the Santa Ana Municipal Code.
(h) It shall be the responsibility of any permit holder to notify the
City within thirty (30) days of changing either his or her home address or
the address of the massage establishment.
Section 7. Section 22-3.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Ordinance No. NS-XXX
75C-73 Page 9 of 36
Sec. 22-3.1. Massage establishment permit -renewal.
(a) Applications for the renewal of a permit shall be filed with the Chief
of Police at least sixty (60) calendar days before the expiration of the current
permit. Temporary permits will not be issued. Any permittee allowing his or her
permit to lapse or which permit expired during a suspension shall be required to
submit a new application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his/her respective permit
shall file a written application under penalty of perjury on the required form with
the Chief of Police who shall conduct an investigation. The application shall be
accompanied by a nonrefundable filing fee established by separate resolution of
the city council to help defray the cost of the investigation required by this
chapter. An applicant shall be required to update the information contained in
his/her original permit application and provide any new and/or additional
information as may be reasonably required by the Chief of Police in order to
determine whether said permit should be renewed.
Section 8. Section 22-5 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage technician, such that it reads as follows (new
language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-5. Massage technician permit [application.]
(a) Any person desiring to obtain a permit to act as a massage
technician shall make application to the chief of police or his designated
representative. Prior to submitting such application a nonrefundable fee as
established by resolution of the city council shall be paid to the department of
finance to defray, in part, the cost of investigation and report required by this
chapter. The department of finance shall issue a receipt showing that such permit
application fee has been paid. The receipt, or a copy thereof, shall be supplied to
the chief of police at the time such application is submitted.
(b) The application for permit does not authorize acting as a massage
technician until such permit has been granted.
(c) Each applicant for a massage technician's permit shall furnish
all the information required by section 22-3(c)(1) through 22-3(c)(9) of this
chapter, and shall in addition furnish the following information:
(1) A certificate from a medical doctor licensed to practice in the State
of California stating that the applicant has within thirty (30) days
immediately preceding the date of application been examined and
found to be free of any contagious or communicable disease.
Ordinance No. NS-XXX
Page 10 of 36
75C-74
(2) ~4An original or certified copy of a diploma or certificate and
certified transcripts of graduation from a "recognized school," if
any.
(3) Certification by the City of Santa Ana after successfully
obtaining the requisite score for passage of the City of Santa
Ana test, as established and approved by chief of police or the
city council. The certification of passage shall be valid for one
(1) year from the date of the test.
(4) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(5) The massage establishment, ' , at which the applicant expects
to be employed, including a letter of intent to employ from the
owner or operator of the massage establishment.
(6) Such other identification and information, including written waivers
pursuant to the Education Code, as the police department may
require in order to discover the truth of the matters hereinbefore
specified as required to be set forth in the application.
(7) Proof of submission to the California Department of Justice a
complete set of fingerprints taken by a police department or
California Department of Justice approved contactor. The
applicant shall be responsible for payment of any
fingerprinting fee.
(8) A statement in writing, and dated, by the applicant that he or
she certifies under penalty of perjury that all information
contained in the application is true and correct.
(d) The chief of police shall have thirty (30) calendar days in which to
investigate the application and background of the applicant. The chief of police or
his representative shall render a recommendation as to the approval or denial of
the permit to the city manager.
(e) The city manager, after receiving the application and
aforementioned recommendation, shall grant the permit if he finds in accordance
with section 22-3(f)(1) through 22-3(f)(6), and in addition finds:
(1) The applicant has furnished an acceptable medical certificate in
Ordinance No. NS-XXX
75C-75 Page 11 of 36
compliance with this chapter.
(2) The applicant has furnished an acceptable diploma or certificate of
graduation from a "recognized school" ^r ~^ ~~~~ ~ 4horo^f h~~
s#a~te~", or is an active member in good standing in the E:afi#e~+a+a
American Massage and
Therapy Association (AMTA).
(3) Proof of certification of passage of the required City of Santa
Ana test.
(4) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(5) The applicant has not had a massage establishment permit or a
massage technician's permit or other similar license or permit
denied or revoked for cause by this city or any other city located in
or out of this state within +"r;~ f;v2-(`dten (10) years prior to the date
of application.
(46) The applicant sis at least eighteen (18) years of age.
(f) Any person denied a permit by the city manager pursuant to these
provisions may appeal to the city council pursuant to Chapter 3 of the Santa Ana
Municipal Code.
(g) It shall be the responsibility of any permit holder to notify the
City of his or her home address, as well as the address of any business
establishment where he or she regularly works as a massage technician,
whether as an employee or as an independent contractor. A permit holder
shall notify the City within thirty (30) days of changing either his or her
home address or the address of the massage establishment where he or
she regularly works as a massage technician.
Section 9. Section 22-5.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-5.1. Massage technician permit -renewal.
(a) Applications for the renewal of a permit shall be filed with the Chief
of Police at least sixty (60) calendar days before the expiration of the current
Ordinance No. NS-XXX
Page 12 of 36
75C-76
permit. Temporary permits will not be issued. Any permittee allowing his or her
permit to lapse or which permit expired during a suspension shall be required to
submit a new application and pay the corresponding original application fees.
(b) Any person desiring to obtain a renewal of his/her respective permit
shall file a written application under penalty of perjury on the required form with
the Chief of Police who shall conduct an investigation. The application shall be
accompanied by a nonrefundable filing fee established by separate resolution of
the city council to help defray the cost of the investigation required by this
chapter. An applicant shall be required to update the information contained in
his/her original permit application and provide any new and/or additional
information as may be reasonably required by the Chief of Police in order to
determine whether said permit should be renewed.
(c) A massage technician permittee shall also be required to submit
with his or her renewal application the following documents:
(1) A certificate, under penalty of perjury, from a medical doctor
licensed to practice in the state of California stating that the
applicant has, within at least thirty (30) calendar days immediately
preceding the date of application, been examined and found to be
free of any contagious or communicable disease.
(2) Two (2) color photographs of the applicant at least two (2) inches
by two (2) inches taken within the last thirty (30) days.
(3) The applicant must provide a valid and current CPR certificate
issued by the American Red Cross or the American Heart
Association.
(4) Proof that the applicant has successfully retaken and passed the
City of Santa Ana test described in section 22-5(e)(3) within thirty
(30) days immediately preceding the date of filing an application for
renewal.
(5) Has submitted proof of completion of at least fifteen (15) hours of
continuing education courses in massage from a recognized school
of massage or a qualified massage association. On-line and
correspondence courses do not meet this requirement. A
maximum of six (6) hours may be applied toward the fifteen hours
of continuing education required by the section for obtaining a CPR
certificate.
Ordinance No. NS-XXX
75C-77 Page 13 of 36
Section 10. Section 22-6 of the Santa Ana Municipal Code is hereby amended to
add and revise exemptions to the chapter, such that it reads as follows (new language in
bold, deleted language in strikeout for tracking purposes only):
Sec. 22-6. Exemptions.
The provisions of this chapter shall not apply to the following classes of
individuals while engaged in the performance of the duties of their respective
professions:
(a) Acupuncturists, Physicians, surgeons, chiropractors, osteopaths,
or physical therapists who are duly licensed to practice their
respective professions in the State of California. Practical nurses,
licensed vocational nurses, or other persons without
qualifications as massage technicians and without first
obtaining a massage technician permit pursuant to this
chapter, whether employed or contracted by acupuncturists,
physicians, surgeons, chiropractors or osteopaths or not, may
not give massage or massage procedures.
(b) Hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the State of California.
(c) Nurses registered under the laws of the State of California.
(d) Barbers,
cosmetologists, manicurists and estheticians who are duly
licensed under the laws of the State of California when engaged in
such practice within the scope of their license. Except that this
exception applies solely for the massaging of the neck, face
and/or scalp of the customer of said barber or cosmetologist
or in the case of a licensed manicurist, the massaging of the
forearm, hands, calves and/or feet. State licensed estheticians
may provide skin care, which is limited to the face, neck, arms
or upper part of the human body.
(e) Accredited high schools and colleges, and coaches and trainers
therein while acting within the scope of their employment.
(f) Trainers of any amateur, semiprofessional or professional athlete or
athletic team.
(g) An individual who is certified pursuant to Chapter 10.5,
commencing with Section 4600, of Division 2 of the California
Business and Professions Code, and who is practicing
consistent with the qualifications established by his or her
Ordinance No. NS-XXX
Page 14 of 36
75C-78
certification.
Section 11. Section 22-6.1 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-6.1. Persons working for exempted individuals.
Any person conducting massage for an exempted class individual must
possess a massage technician permit and shall comply with all massage
regulations. A massage technician employed by an exempted class individual
must work under the direction and control of that individual who must be
physically present at the location where the massage is being administered. A
massage technician cannot rent office space or workspace at an exempt
individual's location.
Section 12. Section 22-6.2 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-6.2. Evidence of exempt status.
(a) Any person or business exempted from the provisions of this
chapter pursuant to Section 22-6 shall file with the City a copy or provide other
evidence of the certificates, permits, licenses, registration, or other approved
authorizing documentation held by the persons who are providing massage
services at the business, prior to commencing services within the City.
(b) The City shall have the authority to make reasonable investigations
into the information so provided pursuant to this Section.
Section 13. Section 22-7 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage establishment facilities, such that it reads as
follows (new language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-7. Massage establishment facilities.
Every massage establishment shall maintain facilities meeting the
following requirements:
(a) Sign. ,
o~+..hlic~hmon+ -,~ -..,,~~~~no o ;~ohl;~h..,on+_Establishment must
comply with the City of Santa Ana sign ordinance contained in
Chapter 41.
Ordinance No. NS-XXX
75C-79 Page 15 of 36
(b) Lighting. Minimum lighting shall be provided in accordance with
Article 220 of the National Electric Code, and, in addition, at least
one (1) unobstructed artificial light of not less than #e~(49sixty
(60) watts shall be provided in each room or enclosure where
massage services are performed on patrons.
(c) Ventilation. Minimum ventilation shall be provided in accordance
with Section 1105 of the Uniform Building Code.
(d) Equipment. Adequate equipment for disinfecting and sterilizing
instruments used in performing the acts of massage shall be
provided.
(e) Water. Hot and cold running water shall be provided at all times.
(f) Linen storage. Closed cabinets shall be provided for storage of
clean linens, and approved receptacles shall be provided for
storage of soiled linen.
(g) Separation of sexes. If male and female patrons are to be served
simultaneously at the massage establishment, a separate massage
room or rooms, separate dressing facilities and separate toilet
facilities shall be provided for male and female patrons, and each
such separate facility or room shall be clearly marked as such.
' /1 \
l
mir~im~ im of n I \ ~~ ih nr o
no / hn~~ior n r~o
r
r oc
r
f
'
}ale+~ Mnrl h~i
.., .... ... n M\ ui~+ch hNe
.. ~~i ............ . ine :n eo
...... ~ n~r~4e r
r~.~ nnmc nn
-~ I\
nr
e /
~ -i
~..le nnrl nn
°e-~ ~ceevir.~snme°in- e /')\ fnrf
r+i . ~ shall ho nrn~ii rlcr~ fnr_
(+h) Facilities for employees. A minimum of one (1) separate wash
basin shall be provided in each massage establishment for the use
of employees of any such establishment, which basin shall provide
soap or detergent and hot and cold running water at all times and
shall be located within or as close as practicable to the area
devoted to the performing of massage services. In addition, there
shall be provided sanitary towels in permanently installed
dispensers at each wash basin.
(}i) Compliance with Code. Proof of compliance with all applicable
provisions of the Santa Ana Municipal Code shall be provided.
Ordinance No. NS-XXX
Page 16 of 36
75C-80
Section 14. Section 22-8 of the Santa Ana Municipal Code is hereby amended to
add and revise requirements for massage facilities operations, such that it reads as follows
(new language in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-8. Massage facilities operation.
Every person who owns, operates, manages or is employed in any
massage establishment shall comply with the following operating requirements.
These requirements shall be prominently and publicly displayed in a conspicuous
place upon every premises operating under the provisions of this chapter:
(a) No person shall be employed or permitted to act as a massage
technician who is not in possession of a valid unrevoked massage
technician's permit.
(b) Bath and massage operations shall be carried on and the premises
shall be open only between the hours of X8:00 a.m. a~-~2~to 10:00
ht.p.m.
(c) A list of services available and the cost of such services shall be
posted in an open, public place on the premises, and shall be
described in readily understandable language. No owner, operator,
responsible managing employee, independent contractor,
manager, or permittee shall permit, and no massage technician
shall offer to perform any services other than those posted.
(d) The owner/operator of a massage establishment shall
prominently display the massage establishment permit; and a
any and all permits for each and every
massage technician employed in the establishment, ~"~be
in the front lobby
area of the premises-, for examination upon demand by any
police or code enforcement officer of the City.
(e) Each massage technician shall wear a photo identification
card prepared and issued by the City while administering a
massage. The identification card shall be worn on outer
clothing with the photo facing out. The massage technician
shall not use any name other than specii•ted on the photo
identification card while on duty.
(f) Massage establishments shall at all times be equipped with an
adequate supply of clean sanitary towels, coverings and linens.
Clean towels, coverings and linens shall not be used on more than
Ordinance No. NS-XXX
75C-8 ~ Page 17 of 36
one (1) patron unless they have first been laundered and
disinfected. Disposable towels and coverings shall not be used on
more than one (1) patron. Soiled linens and paper towels shall be
deposited in approved receptacles.
(#g) In any establishment in which massage services are rendered only
to members of the same sex at any one (1) time, such persons of
the same sex shall be placed in a single separate room or the
operators of the massage establishment may elect to place such
persons of the same sex in separate rooms or booths having
adequate ventilation to an area outside said room or booth while
massage services are being performed.
(~h) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower
rooms and compartments, toilet rooms and pools shall be
thoroughly cleaned and disinfected as needed, and at least once
each day the premises are open, with a disinfectant approved by
the health department. Bathtubs shall be thoroughly cleaned with a
disinfectant approved by the health department after each use.
All walls, ceilings, floors and other physical facilities for the
establishment must be in good repair and maintained in a clean
and sanitary condition.
(#-i) Instruments utilized in performing massage shall not be used on
more than one (1) patron unless they have been sterilized using
approved sterilizing methods.
(+j) No persons shall enter, be or remain in any part of a massage
establishment while in the possession of, consuming, or using any
alcoholic beverage or drugs except pursuant to a prescription for
such drugs. The owner, operator, responsible managing employee,
manager or permittee shall not permit any such person to enter or
remain upon such premises.
(}k) No massage establishment shall operate as a school of massage,
or use the same facilities as that of a school of massage, except as
provided below.TT° nnnnnnfnrminn i ~c° ~f m~oc~.,° °c+~hlichm°n+
f~nili+i~~~nhnnl of mMo~~.n° °vi++inn nn nr h°fnr° rl°nomh~~'L
~ ,
da~~~~ It shall be unlawful for any person to perform any
massage upon a member of the general public while on the
premises of a school of massage.
(I) No part of the establishment shall be used for residential or
sleeping purposes. No cooking or food preparation shall be
Ordinance No. NS-XXX
Page 18 of 36
75C-82
allowed on the premises unless a full service kitchen is
installed. Such a kitchen shall be for the sole use of
employees, and shall be installed in an "employees only" area.
The full service kitchen shall have a minimum of a sink and hot
and cold running water, a refrigerator, a stove and sufficient
cabinets to store cooking utensils.
(m) All massage establishments shall have a manager on the
premises at all times the massage establishment is open. The
designated manager must possess a valid and current CPR
certificate issued by the American Red Cross or the American
Heart Association.
(n) The operator, or the manager in the operator's absence, shall
be responsible for ensuring compliance with this Chapter and
any applicable provisions of the Santa Ana Municipal Code.
Any change in management must be reported to the Police
Department within ten (10) days.
(o) An operator and/or on-duty manager shall be responsible for
the conduct of all employees, or independent contractors,
while the employees are on the licensed premises. Any act of
omission of any employee constituting a violation of the
provisions of this ordinance and any applicable provision of
the Santa Ana Municipal Code shall be deemed the act of
omission of the operator for the purposes of determining
whether the operator's license shall be revoked, suspended or
renewed.
Section 15. Section 22-10 of the Santa Ana Municipal Code is hereby amended
to add and revise requirements for the sale or transfer of a massage establishment, such
that it reads as follows (new language in bold, deleted language in strikeout for tracking
purposes only):
Sec. 22-10. Sale or transfer.
(a) Upon the sale or transfer of any interest in a massage
establishment, the permit shall be null and void.
#yAny person, firm or entity desiring to own or operate the massage
establishment- shall make a new application. A fee as established by
resolution of the city council shall be payable for each such application involving
sale or other transfer of any interest in an existing massage establishment. The
provisions of section 22-3 of this chapter shall apply to any person, firm, or entity
applying for a massage establishment permit for premises previously used as
such establishment.
Ordinance No. NS-XXX
75C-83 Page 19 of 36
(b) Any such sale or transfer of any interest in an existing massage
establishment or any application for an extension or expansion of the building or
other place of business of the massage establishment shall require inspection
and shall require compliance with section 22-7 of this chapter.
(c) The owner or operator of a massage establishment shall be
responsible for notifying the City of any intention to rename, change
management, change location, or convey the business to another person.
Section 16. Section 22-12 of the Santa Ana Municipal Code is hereby amended
to add and revise types of prohibited conduct, such that it reads as follows (new language
in bold, deleted language in strikeout for tracking purposes only):
Sec. 22-12. Prohibited conduct.
(a) It shall be unlawful for any massage technician to perform any
massage services in any commercial establishment other than a premises
holding a valid massage establishment permit
s~stemer-.
(b) A massage technician shall be fully clothed at all times and
shall not expose their genitals, pubic area, buttocks, or in the case of
female technicians, their breasts, and such practices shall not be allowed
or permitted by the massage establishment permittee or his designate.
(c) A massage technician shall not give massages at any location
other than on the premises of a massage establishment with a valid
massage establishment permit, or a business location other than the one
specified on the technician's permit.
(d) A massage technician shall not give a massage unless the
breasts of female patrons are covered and the genitals of all patrons are
covered, and such practices shall not be allowed or permitted by the
massage establishment permittee or his designate.
(e) No massage, for a fee, shall be done at the residence of a
permitted massage technician or in any hotel, or motel in the City.
(f) It is a violation of this chapter for a permit holder to commit,
and the City may deny an application for a permit or discipline a permit
holder for, any of the following:
(1) Unprofessional conduct, including, but not limited to, denial of
licensure, revocation, suspension, restriction, or any other
Ordinance No. NS-XXX
Page 20 of 36
75C-84
disciplinary action against a certificate holder by another state
or territory of the United States, by any other government
agency, or by another California health care professional
licensing board. A certified copy of the decision, order, or
judgment shall be conclusive evidence of these actions.
(2) Procuring a permit by fraud, misrepresentation, or mistake.
(3) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to
violate, any provision or term of this chapter or any rule or
bylaw adopted by the City.
(4) Conviction or plea of guilty or nolo contendere to any felony or
misdemeanor or infraction that is substantially related to the
qualifications or duties of a permit holder, in which event the
record of the conviction or plea shall be conclusive evidence
of the crime.
(5) Conviction or plea of guilty or nolo contendere to any felony or
misdemeanor or infraction directly related to the operation of a
massage establishment.
(6) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for
the issuance of a permit.
(7) Impersonating a certified practitioner or therapist, or
permitting or allowing an uncertified person to use a permit.
(8) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a permit
holder.
(9) Committing any act punishable as a sexually related crime.
Section 17. Section 22-13 of the Santa Ana Municipal Code is hereby amended
to allow suspension of a permit, such that it reads as follows (new language in bold, deleted
language in strikeout for tracking purposes only):
Sec. 22-13. Suspension or revocation.
When the city manager finds that any person holding a permit under the
provisions of Chapter 22 has violated the provisions of this chapter or is found
guilty of conduct which would form the basis of denial of the license as set forth
Ordinance No. NS-XXX
75C-85 Page 21 of 36
in sections 22-2 and 22-4, he may revoke or suspend the permit. No such
revocation shall become effective until the permit holder has been notified in
writing by certified mail of his right to appeal the revocation decision pursuant to
the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation
shall be effective only upon decision of the city council. Otherwise, the revocation
shall become effective after the timely appeal period has passed.
Section 18. Section 22-16 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-16. Advertising Requirement.
All advertising shall include the Massage Establishment Permit number,
Conditional Use Permit number, or Land Use Certificate number in any
advertisement of services appearing in any printed or electronic advertising
medium. The reference does not have to contain the words "Massage
Establishment Permit", "Conditional Use Permit", or "Land Use Certificate". "City
of Santa Ana permit number" or similar language will suffice so long as the
correct permit /certificate number is included.
Section 19. Section 22-17 is added to Chapter 22 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 22-17. Violation -Penalty.
Any person violating this chapter shall be guilty of a misdemeanor,
punishable by a fine of one-thousand dollars ($1,000) or by imprisonment for a
period not to exceed six (6) months, or by both such fine and imprisonment.
Section 20. Article XVIII is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
ARTICLE XVIII.
MASSAGE
Sec. 41-1750. Specific purposes.
(a) In addition to the general purposes listed in section 41-1, the
specific purposes of this article are to:
(1) Establish a procedure which places strict limits on
processing time and creates an orderly process for reviewing
Ordinance No. NS-XXX
Page 22 of 36
75C-86
applications to conduct massages.
(2) Ensure orderly and thorough city review of applications for
conducting massages, including, but not limited to, massage
establishment(s), massage technician(s), and ancillary
massage use(s).
(3) Establish reasonable and uniform regulations that will reduce
possible adverse secondary effects that businesses
conducting massages as a primary or ancillary use may
have upon the residents of the city and preserve the integrity
of existing commercial areas of the city and of residential
areas which are in close proximity to such commercial areas.
(4) To protect the rights conferred by the United States
Constitution to businesses conducting massages as a
primary or ancillary use in a manner that ensures the
continued and orderly development of property within the city
and diminishes those undesirable negative secondary
effects that recognized studies have shown to potentially be
associated with the development and operation of
businesses conducting massages.
(5) To allow a process whereby the unusual site development
features or operating characteristics of uses which must
comply with this article may be conditioned through an
individual review, in order to be compatible with the
surrounding uses of property, while preserving the
applicant's rights to objective standards and prompt
administrative and judicial review.
(b) This article shall not apply to massage establishments or
businesses that are sole proprietorships, where the sole proprietor is certified
pursuant to Chapter 10.5, commencing with Section 4600, of Division 2 of the
California Business and Professions Code, or to massage establishments or
businesses that employ or use only persons certified pursuant to Chapter 10.5,
commencing with Section 4600, of Division 2 of the California Business and
Professions Code, to provide massage services.
Sec. 41-1751. Definitions.
The words and phrases, whenever used in this article, shall be construed
as defined in sections 41-1751.1--41-1751.6, unless from the context a different
meaning is intended or unless a different meaning is specifically defined and
more particularly directed to the use of such words or phrases. The words used
Ordinance No. NS-XXX
75C-87 Page 23 of 36
in the present tense include the future tense, and words in the singular number
include the plural number.
Sec. 41-1751.1. Massage.
As used herein, "massage" shall mean any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of
any mechanical or electrical apparatus or appliances, or with or without
supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder,
creams, ointments, or other similar preparations commonly used in this practice.
Sec. 41-1751.2. Massage establishment.
As used herein, "massage establishment" shall mean any establishment
having a fixed place of business where any individual, firm, association,
partnership, corporation, or combination of individuals, engages in, conducts,
carries on or permits to be engaged in, conducted or carried on, massages,
baths, or health treatments involving massage or baths as the principal functions.
Sec. 41-1751.3. Massage technician.
As used herein, "massage technician" shall mean any person who, for any
form of consideration whatsoever, gives or administers to another person a
massage as defined or baths as the principal function.
Sec. 41-1751.4. Recognized school of massage.
As used herein, "recognized school of massage" shall mean any school or
institution of learning which teaches the theory, ethics, practice, profession, or
work of massage, which school or institution has been approved pursuant to the
California Education Code and which requires a resident course of study of not
less than one thousand (1,000) hours to be given in not less than six (6) calendar
months before the student shall be furnished with a diploma or certificate of
graduation. Schools offering a correspondence or online course not requiring
actual attendance shall not be deemed a recognized school. The City of Santa
Ana shall have a right to confirm that the applicant has actually attended class in
a recognized school.
Sec. 41-1751.5. Chair massage.
Ordinance No. NS-XXX
Page 24 of 36
75C-88
As used herein, "chair massage" shall mean where a patron receives a
massage while fully clothed in a public or semipublic area. The areas massaged
are the head, neck, back and arms only.
Sec. 41-1751.6. Ancillary massage use.
As used herein, "ancillary massage use" shall mean any establishment
that provides massage services as an accessory or complementary use to other
health or beauty services, and that employs no more than two (2) licensed
massage technicians, is subject to any zoning and land use regulations as
required by the Planning & Building Agency.
Sec. 41-1752. Permitted zones and locations.
(a) An ancillary massage use may only be located within one of the
zones detailed in subdivision (b) of this same section if the ancillary massage use
is ancillary to a retail or service use that is currently licensed by the State of
California Board of Barbering and Cosmetology or an exempt individual as
defined in Santa Ana Municipal Code section 22-6.
(b) No massage establishments or ancillary massage use may be
located within the city unless it meets the following zoning and location criteria:
(1) Massage establishments may be permitted as a primary use
within any commercial zone in the city, excluding commercial
zone C3-A, as defined in this chapter.
(2) No massage establishments may be permitted as a primary
use within any professional (P) zone in the city, as defined in
this chapter.
(3) No massage establishments may be permitted as a primary
use within any specific development in the city, as defined in
this chapter.
(4) No massage establishments may be permitted as a primary
use within any specific plan in the city, unless already
defined and permitted, as defined in this chapter.
(c) No massage establishments may be located within the city unless it
meets the following distance criteria:
(1) The proposed massage establishment is more than one
thousand (1,000) feet from any other existing massage
Ordinance No. NS-XXX
75C-89 Page 25 of 36
establishment.
(2) The proposed massage establishment is more than one
thousand (1,000) feet from any adult entertainment
businesses, as defined in Santa Ana Municipal Code section
41-1701.6.
(3) The distances set forth in subsections (1) and (2), above,
shall be measured as a radius from the primary entrance of
the proposed massage establishment to the property lines of
the parcel so zoned or used, without regard to intervening
structures.
(4) Any waiver of the provisions of this subsection shall be
pursuant to the provisions of division 1 of article V of this
chapter; provided, however, that any such application shall
be reviewed and determined as provided in section 41-1755
of this Code.
Sec. 41-1753.1. Massage establishment conditional use permit
requirements.
(a) Permit required. No massage establishment may be operated or
established within the city by right; all persons wishing to operate or establish a
massage establishment within the city must apply for and obtain a massage
establishment conditional use permit under this article.
(b) Application. Any person desiring to operate or establish a massage
establishment within the city shall file with the planning and building agency a
massage establishment conditional use permit application on a standard
application form supplied by the planning and building agency.
(c) Existing massage establishments. The city council declares that all
massage establishments legally established shall not be deemed to be
nonconforming to chapter 41, as amended, for failure to seek and obtain a
massage establishment conditional use permit for a period of one (1) year. The
city council further declares that all legally established massage establishments,
as that term is defined in this article, shall be deemed to be conforming for the
use or uses specified in any conditional use permit issued to the use.
Sec. 41-1753.2. Ancillary massage use land use certificate.
(a) Certificate required. No ancillary massage use may be conducted
or established within the city by right; all persons wishing to operate or establish
Ordinance No. NS-XXX
Page 26 of 36
75C-90
an ancillary massage use within the city must apply for and obtain a ministerial
land use certificate under this article. The city's development project plan
approval process, set forth at section 41-668 et seq. of this Code, shall not apply
to applications solely for the issuance of an ancillary massage use land use
certificate.
(b) Application. Any person desiring to operate or establish an ancillary
massage use within the city shall file with the planning and building agency an
ancillary massage use land use certificate application on a standard application
form supplied by the planning and building agency.
(c) Existing ancillary massage use. The city council declares that all
ancillary massage uses legally established shall not be deemed to be
nonconforming to chapter 41, as amended, for failure to seek and obtain an
ancillary massage use land use certificate for a period of one (1) year. The city
council further declares that all legally established ancillary massage uses, as
that term is defined in this article, shall be deemed to be conforming for the use
or uses specified in any land use certificate issued to the use.
Sec. 41-1754. Permit and certificates--Contents of application.
(a) Initiation. The permit process shall be initiated by the filing of a
complete application with the executive director. The executive director shall
determine the completeness of the application within thirty (30) calendar days of
its submittal.
(b) Contents. The city council, by resolution, shall set forth the contents
required for such applications for a massage establishment conditional use
permit.
(c) Land use certificate. At the time of submittal for aland-use
certificate for massage as an ancillary use, the following items of information
shall be required:
(1) A fully dimensioned site plan and floor plan which clearly
identifies the area that will be used for massage purposes.
(2) Completed Land-use Certificate application.
(3) Approved Certificate of Occupancy.
(4) Copy of Rental Agreement.
(5) Approved Business License.
Ordinance No. NS-XXX
75C-91 Page 27 of 36
Sec. 41-1755. Same--Decision to grant or deny.
(a) Action on application. The zoning administrator or designee shall
act as the decision-maker on the application and shall grant or deny an
application for a massage establishment conditional use permit.
(b) Investigation. Upon the filing of a completed application, the
decision-maker shall cause to be made an appropriate investigation, including
consultation with other city agencies and inspection of the premises as needed.
Consultation is not grounds for the city to unilaterally delay in reviewing a
completed application.
(c) Notice and hearing.
(1) Notice of hearing on a massage establishment conditional
use permit shall be mailed and noticed as prescribed in
Article 5 of this chapter.
(2) The decision-maker shall conduct the public hearing as
prescribed in section 3-4 of this Code. In reaching a
decision on an application, the decision-maker shall not be
bound by the formal rules of evidence.
(d) Time for hearing. After the investigation has been completed the
decision-maker shall conduct a noticed public hearing, as prescribed by this
section, on the application for a massage establishment conditional use permit.
(e) Action on application. The decision-maker shall render a decision
on the application for a massage establishment conditional use permit or an
ancillary massage use land use certificate within thirty (30) days of receiving a
complete application. The decision shall be made no later than the same day as
the final hearing on the application, and if not in writing, a written decision shall
be prepared within three (3) business days of the decision. The failure of the
decision-maker to render such a decision within this time frame shall be deemed
to constitute a denial.
(f) Final decision. The decision-maker's written decision shall be hand
delivered or mailed to the applicant, and shall be final.
(g) Court proceedings. All challenges to the decision-maker's action
shall be governed by the provisions of Code of Civil Procedure § 1094.5, except
that the city shall prepare and certify the administrative record of proceedings,
should it be requested by the petitioner, within thirty (30) days of the request.
Ordinance No. NS-XXX
Page 28 of 36
75C-92
Sec. 41-1756. Same--Approval criteria.
(a) Findings. The decision-maker shall approve an application for a
massage establishment conditional use permit or an ancillary massage use land
use certificate subject to its compliance with this article, where the information
submitted by the applicant substantiates the following findings:
(1) No more than one (1) massage establishment conditional use
permit or ancillary massage use land use certificate may be issued
to one primary address.
(2) The proposed use complies with the applicable development and
design requirements of the underlying zoning district in which it is to
be located and with the applicable standards of this article.
(3) The proposed use will provide and maintain wastewater to establish
and maintain an unrestricted flow in sanitary sewers during average
and peak conditions as established by the city's approved sewer
master plan, as amended from time to time.
(4) The proposed use will provide and maintain solid waste services to
establish and maintain a level of service consistent with the city's
approved source reduction and recycling element.
(5) The proposed use is located in a zoning district in which a massage
establishment is permitted pursuant to subsection 41-1752(a).
(6) The massage establishment meets the distance criteria of
subsection 41-1752(b), which shall be measured as of the date of
the completed application.
(7) The proposed use does not involve an applicant, if an individual, or
any of the officers or general partners of an applicant, if a
corporation or partnership, that have been found guilty or pleaded
nolo contendere within the past four (4) years to a misdemeanor or
a felony classified by the state as a sex or sex-related offense.
(8) The applicant has not submitted false or misleading information on
the application.
(9) The applicant has not had an application for a massage
establishment conditional use permit or land use certificate denied
or revoked in the twelve (12) months preceding the date of the
current application.
Ordinance No. NS-XXX
75C-93 Page 29 of 36
Sec. 41-1757. Same--Period of validity.
Any massage establishment conditional use permit or ancillary massage
use land use certificate approved pursuant to this article shall become null and
void unless the proposed use is established within one (1) year of the date from
the approval. The permit holder may apply for a single one-year extension of the
permit or certificate, provided that such application is filed prior to the expiration
of the permit. Any application for an extension shall be reviewed by the same
procedure as the original permit application. For purposes of this section, a
proposed use shall be deemed to be established if a building permit for the
project has been issued and construction diligently pursued; or, a certificate of
occupancy has been issued; or, a complete application for an extension has
been submitted.
Sec. 41-1758. Same--Revocation.
(a) Findings. Any permit or certificate issued pursuant to the provisions
of this article may be revoked by the city on the basis of any of the following:
(1) The business or use has been conducted in a mannerwhich
violates the provisions of this article, the permit itself, fails to
conform to the plans, specifications or procedures described
in the application, violates the occupant load limits set by the
fire marshal, or which violates any city, state, or federal laws.
(2) The permittee has failed to obtain or maintain all required
city, county, and state licenses and permits.
(3) The permit or certificate is being used to conduct a use
different from that for which it was issued.
(4) The permittee has misrepresented a material fact in the
application for permit or has not answered each question
therein truthfully.
(5) Due to changes in on-site conditions, the massage
establishment or ancillary massage use lacks sufficient on-
site parking area for employees and the public under the
standards set forth in the city's parking ordinance, except for
an existing use that is legal and nonconforming with respect
to parking.
(6) The permitted business creates sound levels which violate
the noise control ordinance of the city.
Ordinance No. NS-XXX
Page 30 of 36
75C-94
(7) That the use for which the approval was granted has been
discontinued, ceased to exist or has been suspended for a
continuous period of twelve (12) months or more.
(b) Notice of hearing. The grantor of the permit shall notice and
conduct a public hearing, as prescribed in this Code, on the proposed permit
revocation.
(c) Hearing. The zoning administrator or designee shall conduct the
revocation hearing and hear testimony regarding the proposed revocation from
any interested party. The hearing body shall not be bound by the formal rules of
evidence at the hearing.
(d) Notice. Written notice of hearing on the proposed permit or
certificate revocation, together with written notification of the specific grounds of
complaint against the permittee, shall be personally delivered or sent by certified
mail to the permittee at least ten (10) days prior to the hearing.
(e) Decision. The grantor shall revoke, not revoke, or not revoke but
add conditions to, the permittee's massage establishment conditional use permit
or ancillary massage use land use certificate.
(f) Decision and notice. Within ten (10) working days of the conclusion
of the hearing, the decision-maker shall render a decision supported by written
findings. A copy of the decision and written findings shall be mailed to the owner
of the use or structure for which the permit or certificate was revoked and to any
other person who has filed a written request for such notice.
(g) Time for decision. The decision-maker shall make all efforts to
provide a decision as soon as reasonably possible after the public hearing.
(h) Appeal of decision or call for review. If the decision on revocation is
made by the planning manager or designee, any interested person may appeal
the decision to the planning commission, or the decision may be reviewed by the
city council pursuant to a call for review by the council, pursuant to subsection
41-645(c).
(i) Effective date. The effective date of a decision to revoke a
massage establishment conditional use permit or an ancillary massage use land
use certificate shall be as provided in section 41-645.
(j) Renewal. In the event a permit is revoked pursuant to this article,
another massage establishment conditional use permit or ancillary massage use
land use certificate shall not be granted to the permittee or on the site of the
permit within twelve (12) months after the date of such revocation.
Ordinance No. NS-XXX
Page 31 of 36
75C-95
Sec. 41-1759. Development and operating standards.
(a) The following development and operating standards shall be
applied to the operation of any massage establishment and ancillary massage
use:
(1) The owner must advise the City, in writing, at the time of the
application for a permit of the business hours and, thereafter,
of any changes in such hours. No person shall operate a
massage establishment or administer a massage in any
massage establishment between the hours of 10:00 p.m.
and 8:00 a.m. A massage begun any time before 10:00
p.m., must nevertheless terminate at 10:00 p.m. All
customers, patrons and visitors shall be excluded from the
massage establishment during these hours and be advised
of these hours.
(2) All exterior signs identifying the premises as a massage
establishment shall comply with the sign requirements of the
City.
(3) Each operator and/or on duty Responsible Employee shall
display the operator's permit in a conspicuous public place in
the lobby of the massage establishment.
(4) The hours of operation must be posted in the front window
and clearly visible from the outside.
(5) The operator and/or on duty Responsible Employee must
also post, on a daily basis in a conspicuous public place in
the lobby, the name of the operator and/or on duty
Responsible Employee as well as all on-duty massage
technicians.
(6) "No loitering" signs shall be posted at the front and rear of
the business. No outside waiting or seating area is
permitted in accordance with section 602 of the penal code.
(7) No person shall be permitted to consume alcohol on the
premises.
(8) Employees shall be at least eighteen (18) years of age.
There shall be a minimum of one (1) employee managing
the massage establishment during all working hours. During
each employee's working hours, the employee shall wear a
Ordinance No. NS-XXX
Page 32 of 36
75C-96
badge identifying the business and the employee's full name.
(9) Occupancy shall not exceed that required under the uniform
building code and uniform fire code, and the maximum
occupancy load shall be posted at the main entrance.
(10) Window areas shall not be covered or made opaque in any
way. All windows and entrances must be unobstructed at all
times.
(11) Lighting levels on the premises within sixty (60) feet of the
use and in all required parking areas shall be maintained at
a minimum 1foot-candle of light.
(12) No exterior pay phones shall be permitted.
(13) Rear exits are prohibited unless required by either the
building code or the fire code. When required, rear exit doors
shall be kept in a locked closed position and shall have panic
hardware.
(14) No person shall be employed or permitted to act as a
massage technician who is not in possession of a valid, un-
revoked massage technician's permit.
(15) No massage establishment shall operate as a school of
massage, or use the same facilities as that of a school of
massage, except as provided by a recognized school or
massage.
(16) It shall be unlawful for any person to perform any massage
upon a member of the general public while on the premises
of a school of massage.
(17) Residing in an establishment is prohibited. No person or
persons shall be allowed to live, reside or dwell inside the
massage establishment at any time. No food of any kind
shall be prepared for sale or sold in the establishment.
(18) No interior doors may be locked during operating hours.
(b) The following development and operating standards shall be
applied to the operation of any ancillary massage use:
(1) All necessary building permits shall be required for its
construction.
Ordinance No. NS-XXX
75C-97 Page 33 of 36
(2) If an independent massage room is utilized, it must comply
with the following standards:
(A) The door to the massage room may not have a
locking mechanism and may not be accessed directly
from the exterior.
(B) Lighting shall be provided within the room at a
minimum illumination of/4 foot-candles.
(3) Ancillary uses may not have signage other than that
permitted in section 41- 872(c) of the SAMC.
(4) The use of frosted or reflective glass is not permitted, nor
shall window coverings of any kind be utilized to screen the
interior of the business.
Sec. 41-1760. Applicability to other regulations.
The provisions of this article are not intended to provide exclusive
regulation of the regulated expressive business uses. Such uses must comply
with any and all applicable regulations imposed in other articles of the zoning
code, other city ordinances and state and federal law. Should a conflict exist
between the provisions of this article and the provisions of other articles of
chapter 41 of this Code, the provisions of this article shall prevail.
Section 21. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 22. The Clerk of the Council shall certify to the adoption of this
ordinance.
Ordinance No. NS-XXX
Page 34 of 36
75C-98
ADOPTED this day of
2009
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Ryan O. Hodge
Deputy City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Ordinance No. NS-XXX
Page 35 of 36
75C-99
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 36 of 36
75C-100