PC - Item 3A - Conditional Use Permit 17-07 Staff ReportTO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: NOVEMBER 20, 2017
SUBJECT: CONDITIONAL USE PERMIT 17-07
3927 WALNUT GROVE AVENUE, UNITS 121 & 122
SUMMARY
Cindy Xinfen Wang has submitted an application for a Conditional Use Permit requesting
to operate a massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122
(APN: 5371-011-016). The proposed project would not increase the floor area of the
existing building. The subject site is located in the Medium Commercial with Design
Overlay (C -3/D-0) zone. Per Rosemead Municipal Code Table 17.16.020.1, approval of
a Conditional Use Permit is required to establish a massage service use within the
Medium Commercial (C-3) zone.
ENVIRONMENTAL DETERMINATION
Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempts
projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment,
or topographical features, involving negligible or no expansion of use beyond that existing
at the time of the lead agency's determination. Accordingly, Conditional Use Permit 17-
07 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA
guidelines.
STAFF RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution No. 17-21 with
findings (Exhibit "A"), and APPROVE Conditional Use Permit 17-07, subject to the 24
conditions outlined in Attachment "A" attached hereto.
PROPERTY HISTORY AND DESCRIPTION
The project site is located at the southwest corner of Walnut Grove Avenue and Valley
Boulevard. The project area consists of three parcels totaling 69,561 square feet (1.59
acres) plus approximately 36,498 square feet of Los Angeles County Flood Control
property for parking.
On January 21, 2001, the Planning Commission approved Design Review 01-89 and
Zone Variance 01-303 for the construction of a McDonald's located at the northeast
Planning Commission Meeting
November 20, 2017
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corner of the lot and a parking lot. On June 16, 2003, the Planning Commission approved
Design Review 03-104 for the development of three new commercial buildings totaling
30,000 square feet. However, the project was modified on July 18, 2005, under Design
Review 03-104 (Modification), for the development of a shopping center consisting of two
commercial buildings totaling 25,500 square feet for office and retail use. On May 20,
2013, the Planning Commission approved Modification 13-01 to permit 10,000 square
feet of restaurant use and 15,500 square feet of retail or office use within the shopping
center. The construction of the project was completed in 2014. Currently, the commercial
buildings are occupied by restaurants, retail stores, an internet cafe, and beauty shops.
Front elevation from the parking lot (Existing)
Site and Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the zoning map
as a Medium Commercial with Design Overlay (C-3/13-0) zone. The site is surrounded by
the following land uses:
North
General Plan:
Commercial
Zoning:
Medium Commercial with a Design Overlay (C -3D)
Land Use:
Commercial
South
General Plan:
Low Density Residential
Zoning:
Planned Development (P -D)
Land Use:
Residential
Planning Commission Meeting
November 20, 2017
Page -3 of 13
East
General Plan:
High Intensity Commercial
Zoning:
Regional Commercial with a Design Overlay (C -4D)
Land Use:
Commercial and Residential
West
General Plan: Commercial and Low Density Residential
Zoning: Medium Commercial with a Design Overlay (C -3D) and
Planned Development (P -D)
Land Use: Commercial and Residential
DISCUSSION
As illustrated in Exhibit "B", the applicant is proposing to operate a massage
establishment at 3927 Walnut Grove Avenue, Units 121 & 122, which is located within
the existing shopping center.
Massage Establishment Operations
Per Rosemead Municipal Code Chapter 5.24 (Exhibit "D"), hours of operation shall be
limited from 8:00 a.m. to 10:00 p.m., seven days a week.
The applicant is proposing the following hours of operation: 10:00 a.m. to 10:00 p.m.,
seven days a week. The massage establishment will be operated by six employees who
will be performing tasks such as providing massage services to customers, cleaning the
establishment, and replacing and washing soiled towels and linens.
Services Provided
The applicant has proposed to provide the following services:
• therapeutic foot and body massages utilizing traditional Chinese acupressure;
• hot stone massage therapy; and
Y Swedish massage therapy
Security
The applicant has submitted a security plan (Exhibit "E") to the City; such security plan
has been deemed acceptable by the Chief of Police.
Site Plan
The applicant is not proposing any modifications to the existing commercial site.
Floor Plan
The applicant is proposing a commercial tenant improvement to combine two existing
units into a single 1,890 square foot unit. The proposed commercial tenant improvement
would not increase the overall floor area of the existing commercial building. The
proposed floor plan will consist of a reception area, four foot massage stations, six
massage rooms, a restroom, a shower and dressing room, a laundry room, and a storage
room.
Planning Commission Meeting
November 20, 2017
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Parking and Circulation
Per Rosemead Municipal Code, Section 17.112.040, a shopping center with more than
four (4) tenants is parked at the following ratios:
• Centers with up to 100,000 square feet of floor area: 1 parking space per 250
square feet; and
• Centers with over 100,000 square feet of floor area: 1 parking space per 280
square feet.
The subject shopping center consists of 26 individual commercial units for a total of
25,500 square feet of gross floor area. Because the shopping center is less than 100,000
square feet in floor area, the parking requirement is one (1) parking space per each 250
square feet, or 102 total parking spaces. The shopping center currently provides 153
parking spaces. Since the proposed project would not increase the total floor area of the
shopping center, additional parking would not be required.
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Table 17.16.020.1, approval of a Conditional Use Permit
is required to establish a massage service use within the Medium Commercial (C-3) zone.
Per Rosemead Municipal Code, Section 17.132.040, all of the following findings shall be
made by the Planning Commission in conjunction with the approval of a Conditional Use
Permit:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to
the public health, safety and general welfare.
The project site is located within an established commercial corridor of the City.
Conditions of approval will ensure that the public health, safety, and general
welfare would be protected. The security plan deemed acceptable by the Chief of
Police will be implemented to protect the properties and land uses in the vicinity.
B. The use is consistent with the General Plan.
The Land Use Element of the General Plan aims to concentrate commercial and
industrial businesses in established commercial, office, and industrial districts.
Accordingly, the use will be located within an existing shopping center within an
established commercial corridor.
C. The use is consistent with the provisions of this Zoning Code.
The use is consistent with the applicable provisions of the Zoning Code.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
Planning Commission Meeting
November 20, 2017
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Section 15301 of the California Environmental Quality Act guidelines exempts
projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency's
determination. Accordingly, Conditional Use Permit 17-07 is classified as a Class
1 Categorical Exemption, pursuant to Section 15301 of California Environmental
Quality Act guidelines.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
The project does not include any new development. The scope of work is limited
to only interior tenant improvements and exterior signage pursuant to the City's
signage ordinance.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300 -foot radius public hearing notice to 60 property owners, publication in the
Rosemead Reader on November 9, 2017, and postings of the notice at the six public
locations and on the subject site.
Prepared by:
C: > W-- - J�:,
Annie Lao
Assistant Planner
Submitted by:
Ben Kim
Community Development Director
EXHIBITS:
A. Planning Commission Resolution 17-21 with Attachment "A" (Conditions of Approval)
B. Site Plan and Floor Plan (Dated November 6, 2017)
C. Assessor Parcel Map (APN: 5371-011-016)
D. Rosemead Municipal Code Chapter 5.24 -Massage Establishments
E. Security Plan
Planning Commission Meeting
November 20, 2017
Page 6 of 13
1001'.1**s]nI19r.I►iV&%1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 17-07 FOR THE OPERATION
OF A MASSAGE ESTABLISHMENT. THE SUBJECT SITE IS LOCATED
AT 3927 WALNUT GROVE AVENUE, UNITS 121 & 122 (APN: 5371-011-
016), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY (C -31D-
0) ZONE.
WHEREAS, on July 27, 2017, Cindy Xinfen Wang submitted a Conditional Use
Permit application, requesting to operate a massage establishment at 3927 Walnut Grove
Avenue, Units 121 & 122;
WHEREAS, 3927 Walnut Grove Avenue, Units 121 & 122 is located in a Medium
Commercial with a Design Overlay (C -3/D-0) zoning district;
WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the
criteria for a Conditional Use Permit;
WHEREAS, Sections 65800 & 65900 of the California Government Code and
Section 17.120.110 of the Rosemead Municipal Code authorize the Planning Commission
to approve changes to development or new use authorized through a permit granted in
compliance with the zoning code;
WHEREAS, on November 8, 2017, sixty (60) notices were sent to property owners
within a 300 -foot radius from the subject property, the notice was published in the
Rosemead Reader, and notices were posted in six (6) public locations and on site,
specifying the availability of the application, and the date, time, and location of the public
hearing for Conditional Use Permit 17-07;
WHEREAS, on November 20, 2017, the Planning Commission held a duly noticed
and advertised public hearing to receive oral and written testimony relative to Conditional
Use Permit 17-07; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional
Use Permit 17-07 is classified as a Class 1 Categorical Exemption, pursuant to Section
15301. Section 15301 of the California Environmental Quality Act (CEQA) guidelines
Planning Commission Meeting
November 20, 2017
Page 7 of 13
exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination. Accordingly, Conditional Use
Permit 17-07 is classified as a Class 1 Categorical Exemption pursuant to Section 15301
of CEQA guidelines.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that
facts do exist to justify approving Conditional Use Permit 17-07, in accordance with
Section 17.132.040 of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other
properties or land uses in the vicinity or create conditions materially detrimental to the
public health, safety and general welfare.
FINDING: The project site is located within an established commercial corridor of
the City. Conditions of approval will ensure that the public health, safety, and general
welfare would be protected. The security plan deemed acceptable by the Chief of Police
will be implemented to protect the properties and land uses in the vicinity.
B. The use is consistent with the General Plan.
FINDING: The Land Use Element of the General Plan aims to concentrate
commercial and industrial businesses in established commercial, office, and industrial
districts. Accordingly, the use will be located within a shopping center within an
established commercial corridor.
C. The use is consistent with the provisions of this Zoning Code.
FINDING: The use is consistent with the applicable provisions of the Zoning Code.
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
FINDING: Section 15301 of the California Environmental Quality Act guidelines
exempts projects consisting of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond
that existing at the time of the lead agency's determination. Accordingly, Conditional Use
Permit 17-07 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301
of California Environmental Quality Act guidelines.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district.
Planning Commission Meeting
November 20, 2017
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FINDING: The project does not include any new development. The scope of work
is limited to only interior tenant improvements and exterior signage pursuant to the City's
signage ordinance.
SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use
Permit 17-07, permitting the operation of a massage establishment at 3927 Walnut Grove
Avenue, Units 121 & 122, and subject to the conditions listed in Attachment "A", attached
hereto and incorporated herein by reference.
SECTION 4. This action shall become final and effective ten (10) days after this
decision by the Planning Commission, unless within such time a written appeal is filed
with the City Clerk for consideration by the Rosemead City Council as provided in
Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions.
SECTION 5. This resolution is the result of an action taken by the Planning
Commission on November 20, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SECTION 6. The Secretary shall certify to the adoption of this resolution and shall
transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 20th day of November, 2017.
Sean Dang, Chair
Planning Commission Meeting
November 20, 2017
Page 9 of 13
CERTIFICATIOft
I hereby certify that the foregoing is a true copy of a
Commission of the City of Rosemead at its regular
November, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
resolution adopted by the Planning
meeting, held on the 20th day of
Ben Kim, Secretary
Planning Commission Meeting
November 20, 2017
Page 10 of 13
/'TTACL9MENT "A"
(PC RESOLUTION 17-21)
CONDITIONAL USE PERMIT 17-07
3927 WALNUT GROVE AVENUE, UNITS 121 & 122
(APN: 5371-011-016)
CONDITIONS OF APPROVAL
NOVEMBER 20, 2017
Standard Conditions of Approval
Conditional Use Permit 17-07 ("Project") is approved for the operation of a
massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122, in
accordance with the plans marked Exhibit `B", dated November 6, 2017. Any
revisions to the approved plans must be resubmitted for Planning Division review
and, if satisfactory, approval.
2. The following conditions must be complied to the satisfaction of the Planning
Division prior to final approval of the associated plans, building permits, occupancy
permits, or any other appropriate request.
3. The conditions of approval listed on this exhibit shall be copied directly onto any
development plans submitted to the Planning and Building Divisions. The applicant
shall ensure that all conditions of approval have been met and are in full force prior
to the issuance of a building permit or Certificate of Occupancy as determined by
the Director of Community Development.
4. Approval of Project shall not take effect for any purpose until the applicant(s) have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
5. The on-site public hearing notice posting shall be removed by the end of the 10 -
day appeal period of Project.
6. Project approval is valid for one (1) year from the Planning Commission approval
date. The entitlement shall not be deemed exercised until a building permit has
been issued and the project has commenced construction ("break ground"), or has
commenced permitted use in compliance with the conditions of approval. If said
entitlement is not exercised or a time extension has not been granted during this
time frame, this approval shall automatically expire without further action by the
City. Request for time extension shall be submitted to the Planning Division within
30 calendar days prior to expiration. If Project has been unused, abandoned, or
Planning Commission Meeting
November 20, 2017
Page 11 of 13
discontinued for a period of one (1) year, this entitlement approval shall become
null and void.
7. The Planning Commission hereby authorizes the Planning Division to make and/or
approve minor modifications to the project and to these conditions of approval.
8. Project is granted or approved by the City, and its Planning Commission and City
Council, retaining and reserving the right and jurisdiction to review and to modify
the permit, including the conditions of approval based on changed circumstances.
Changed circumstances include, but are not limited to, the modification of the use,
a change in scope, emphasis, size, or nature of the use, or the expansion,
alteration, reconfiguration, or change of use. This reservation of right to review is
in addition to, and not in lieu of, the right of the City, its Planning Commission, and
City Council to review and revoke or modify any permit granted or approved under
the Rosemead Municipal Code for any violations of the conditions imposed on
Project.
9. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding against
the City of Rosemead or its agents, officers, or employees to attack, set side, void,
or annul, an approval of the Planning Commission and/or City Council concerning
the project, which action is brought within the time period provided by law.
10. The applicant(s) shall comply with all Federal, State, and local laws relative to the
approved use, including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
11. Building permits will not be issued in connection with any project until such time as
all plan check fees and all other applicable fees are paid in full. Prior to issuance
of building permits, any required school fees shall be paid. The applicant shall
provide the City with written verification of compliance from the applicable school
districts.
12. The numbers of the address signs shall be at least six (6) inches tall with a
minimum character width of 3/4 inch, contrasting in color and easily visible at
driver's level from the street. Materials, colors, location, and size of such address
numbers shall be approved by the Community Development Director, or his/her
designee, prior to installation.
13. The hours of construction shall be limited from 7:00 a.m. to 8:00 p.m., Monday
through Saturday. No construction shall take place on Sundays or on any federal
holiday, without prior approval by the City. The applicant shall abide by the noise
control sections of the Rosemead Municipal Code.
14. The Building Division, Planning Division, and Engineering Division shall have
access to the project site at any time during construction to monitor progress.
Planning Commission Meeting
November 20, 2017
Page 12 of 13
15. All requirements of the Building and Safety Division, Planning Division, and
Engineering Division shall be complied with prior to the final approval of the
proposed construction.
16. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed
within twenty-four (24) hours.
18. The site shall be maintained in a clean, weed and litter free state.
Planning Division
19. The operator of the massage business or establishment, and any massage
therapist that desires to work as an employee or independent contractor must
obtain a City of Rosemead business license pursuant to Chapter 5.24 of the
Rosemead Municipal Code prior to commencing operation or providing any
massage therapy and must thereafter maintain a valid business license.
20. No person may engage in conduct, carry on, or perform massage therapy unless
such person has a valid and active certificate from the California Massage Therapy
Council (CAMTC) created by California Business and Profession Code section
4600.
21. No window signage advertising the massage business or services shall be allowed
on the easterly building elevation visible from Walnut Grove Avenue.
22. The two exterior unit doors along Walnut Grove Avenue shall be closed and
secured at all times and not accessible to the public.
23. The massage establishment shall abide by all requirements set forth in the
Rosemead Municipal Code relating to massage establishments.
24. The massage establishment shall abide by the security plan deemed acceptable
by the Chief of Police.
Planning Commission Meeting
November 20, 2017
Page 13 of 13
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Chapter 5.24- MASSAGE ESTABLISHMENTS*
5.24.010 - Purpose and intent.
The purpose of this Chapter 5.24 is to protect the public's health and safety and the personal safety
of massage therapists through the establishment of certain licensing standards pertaining to massage
establishments within the City, and to recognize massage therapy as a legitimate business occupation
and health service enhancement. Nothing in this ordinance is intended to permit any use, conduct and/or
activity that violates any federal, state or local law or regulations.
5.24.020 - Definitions.
Unless the particular provision or the context otherwise requires, the definitions and provisions
contained in this chapter shall govern the construction, meaning, and application of words and phrases
used in this chapter.
"Approved school" means an institution that provides massage therapy education and training as
such term is defined in Section 4600 of the Massage Therapy Act.
"CAMTC" means the California Massage Therapy Council created by California Business and
Profession Code section 4600 and following sections.
"CAMTC certificate" means a current and valid certificate issued by the CAMTC."City" means the
City of Rosemead.
"City Council" means the City Council of the City of Rosemead.
"City Manager" means the City Manager of the City of Rosemead, or his or her designated
representative.
"County" means the County of Los Angeles.
"Customer area" means any area open to customers of the establishment,
"Employee" means any person, other than a massage therapist or manager, who performs services
at the massage establishment and receives compensation from the operator of the massage
establishment for such services, including an independent contractor, while on the premises of the
massage establishment.
"Health Department" means the Los Angeles County Department of Health Services.
"Manager" means the person(s) designated by the operator of the massage establishment to act as
the representative and agent of the operator in managing day-to-day operations with the same liabilities
and responsibilities. Evidence of management includes, 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 operator.
"Massage" or "massage therapy" means any method of treating the external parts of the body for
remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction
against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external
parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance
with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream,
ointment or other similar preparations commonly used in this practice and shall include herbal body
wraps. For the purposes of this chapter, "massage" or "massage therapy" includes the techniques of
acupressure and reflexology.
"Massage business or establishment" means any business or establishment, including a sole
proprietor or independent contractor, conducted within the City where any person engages in, conducts,
carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the
administration to another person of a massage, and also includes all businesses or establishments where
massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional
offices where such massage therapy is not otherwise exempt under this chapter.
"Massage therapist" means any person who administers to another person a massage for any form
of consideration.
"Massage Therapy Act" means Chapter 10.5 of Division 2 of the California Business and Professions
Code (beginning at Section 4600).
"Operator" means
(1) A sole proprietor of,
(2) A general partner of, or
(3) All persons who have an ownership interest in, a massage business or establishment.
"Person" means any individual, corporation, partnership, association or other group or combination
of individuals acting as an entity.
"Sheriff" means the designated representative of the Sheriffs Department of Los Angeles County
assigned to the City.
"Sheriffs Department" means the Sheriffs Department of the County of Los Angeles.
"Specified criminal offense" means:
(a) Within five years of the date of the filing of the application has pleaded guilty or nolo
contendere to, or been convicted in a court of competent jurisdiction of a misdemeanor or felony
crime involving sexual misconduct, including but not limited to
(1) Chapter 1 of Title 9 of the Penal Code (Sections 261 -269) relating to sexual crimes;
(2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to indecent exposure,
obscenity and disorderly establishments; or
(3) Penal Code Section 647(a) or (b) relating to prostitution; or
(b) Any similar offenses under the criminal code or penal code of this state or any other states or
countries; or
(c) Having permitted, through an act of omission or commission, an employee or agent to engage
in any type of moral turpitude or sexual misconduct offense listed in (a) or (b) above (the
conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere
or guilty, will be considered imputed to the principal).
5,24.030 - Conditional use permit.
No massage business or establishment may operate without first obtaining a conditional use permit
in accordance with Chapter 17.132 (Conditional Use Permits). All operations must be conducted at the
site identified in the conditional use permit, and comply with all conditions contained in the conditional use
permit.
5.24.040 - CAMTC Certificate.
A. Massage Businesses and Establishments. No person may engage in, conduct or carry on, or permit
to be engaged in, conducted or carried on in any location within the City, a massage business or
establishment unless all persons providing massage therapy at or on behalf of the massage
business or establishment have a CAMTC certificate.
B. Massage Therapy. No person may engage in, conduct, carry on, or perform massage therapy within
the City unless such person has a CAMTC certificate.
C. Exceptions. The requirements of Section 5.42.040 do not apply to:
1. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical
therapist, registered nurse or vocational nurse duly licensed to practice their respective
profession in the state.
2. Any treatment administered in good faith in the course of the practice of any healing art or
profession by any person licensed to practice any such art or profession under the California
Business and Professions Code or any other law of the state.
3. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective
profession under the laws of the state while performing activities within the scope of their
license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms,
and lower limbs up to the knees of their patrons.
4. State -licensed hospitals, nursing homes, and other state -licensed physical or mental health
facilities and their employees.
5. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long
as such persons do not practice massage therapy as their primary occupation within the city.
6. Approved schools and their employees that provide massage therapy education or training and
their students in training, provided that such students perform massage therapy only under the
direct personal supervision of an instructor.
5.24.050 - Massage business license.
A. Business License Required. The operator of each massage business or establishment, and any
massage therapist that desires to work as an independent contractor must obtain a business license
pursuant to this Chapter prior to commencing operation or providing any massage therapy and must
thereafter maintain a valid business license.
B. Business License Application. The application for a business license will be made in accordance
with the provisions of this chapter. Each applicant for a massage business license must provide the
following information where applicable as determined by the City, with the application:
1. The full true name under which the massage establishment will be conducted.
2. The present or proposed address where the massage establishment is to be conducted.
3. The applicant's full, true name, any other names used within the past five years, date of birth,
California Drivers License Number or California Identification Number, present residence
address and residence telephone number, and the sex, height, weight, color of hair, and color of
eyes of the applicant.
4. Acceptable written proof that the applicant is at least eighteen (18) years of age.
5. 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 residence addresses and telephone numbers of each of its current officers and
directors, and of each stockholder holding more than five percent of the stock of that
corporation.
6. If the applicant is a partnership, the application shall set forth the name, residence address and
telephone numbers of each of the partners, including each of the limited partners. If the
applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If
one or more of the partners is a corporation, the provisions of this section pertaining to
corporate applicants shall apply.
7. A complete description of all services to be provided at the massage establishment.
8. The names and addresses of each massage therapist providing massage therapy at or on
behalf of the business or establishment, including whether they are a full-time employee or an
independent contractor, and proof that each such massage therapist has a valid CAMTC
certificate.
9. The name of the person(s) designated by the applicant to act as manager of the massage
establishment. The manager shall be required, at all times, to meet all of the applicable
requirements of this chapter.
10. A description of any other business to be operated on the same premises, or on adjoining
premises, owned or controlled by the applicant.
11. The name and address of the owner and lessor of the real property upon or in which the
massage establishment is to be conducted. In the event the applicant is not the legal owner of
the property, the application must be accompanied by a copy of the lease and a notarized
acknowledgment from the owner of the property that a massage establishment will be located
on his/her property.
12. Business, occupation, or employment history of the applicant for the three years immediately
preceding the date of the application.
13. The business license and permit history of the applicant, including whether such person, in
previously operating in this City, or another city or state under license or permit, has had such
license or permit revoked or suspended, and the reason for such action.
14. Whether the applicant has been convicted of or permitted any specified criminal offense. The
applicant and operator of the massage establishment must provide proof of a live scan or other
similar City approved background check.
15. A nonrefundable business license fee, and renewal fee in the case of a business license
renewal, as set by resolution of the City Council shall be paid to the City to defray the actual
cost of processing the business license.
16. A picture taken by the Rosemead Public Safety Department or otherwise supply a photograph
as directed by that department.
17. A legal size copy of the approved floor plan drawn to scale showing: entrances, exits,
windows, interior doors, and restrooms; all other separately enclosed rooms with dimensions,
including, but not limited to closets, storerooms, break rooms, and changing rooms; and location
of massage tables and chairs.
18. An acknowledgement that by applying for a business license, the applicant understands that
they are responsible for all violations of employees or independent contractors that may take
place in the massage establishment which they own or manage, including whether each
employee or independent contractor holds a CAMTC Certificate, and that such violations are
grounds for revocation of the business license.
C. Inspection of Premises. Upon receipt of a complete application, a business license officer will cause
the inspection of the proposed premises of any fixed location massage business or establishment for
compliance with the requirements of this Chapter and code.
D. Issuance of License. Upon receipt of a written application for a business license for an
establishment, a business license officer shall ascertain whether such business license should be
issued as requested. Upon the completion of the review, the City must issue the business license if it
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 made a material misrepresentation or omission in the application.
4. The applicant is at least eighteen (18) years of age.
5. 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.
E. Denial of License. If a business license officer finds that any of the applicable requirements of this
Chapter or this Code are not satisfied, including any conviction for or the permitting of a specified
criminal offense, recent history of prior business license or permit suspension or revocation, or
evidence that the applicant has provided materially false information, the application will be denied.
The decision of a business license officer to deny a business license application or renewal may be
appealed pursuant to the procedures set forth in Section 5.24.080 of this Chapter.
F. License Renewal. A massage business license must be renewed annually in accordance with the
provisions of this Chapter, at which time the applicant must provide proof that all applicable
requirements of this Chapter and this Code remain satisfied, and the applicable business license
renewal fee.
G. Transfer of License Prohibited. Upon the sale or transfer of any interest in a massage business or
establishment, the business license will become void. The person acquiring the interest in a
massage business or establishment must submit a new business license application and receive
approval of such license in accordance with the provisions of this Chapter.
H. Notification of Changes in Registered Massage Therapists. Each licensee must submit to the City
the names and applicable CAMTC certificate of any new massage therapists not previously included
in the list required under subsection B.8. above who are hired or retained to provide massage
therapy at or on behalf of the business or establishment, including whether they will be a full-time
employee or independent contractor, prior to such person commencing the provision of any massage
therapy services. In addition, any discharge or termination of the services of a massage therapist
must be reported to the City within five business days of such event.
I. Revocation or Suspension of License. The following grounds constitute a basis for the revocation or
suspension of a license:
1. The misrepresentation of a material fact by an applicant in obtaining a license.
2. The continuation of the operations of the licensee under such license will be detrimental to the
public health, safety, peace, welfare or morals, or is found to constitute a public nuisance.
3. The violation of any law related to the operation of the applicable business, including any
violations of this code or a specified criminal offense.
4. The violation of any condition imposed on the license.
J. Revocation/suspension procedures.
1. Complaints against any licensee must be in writing and must set forth one or more of the
grounds enumerated above. Complaints must be filed with, or may be initiated by, a business
license officer, who will then conduct an investigation to determine whether the complaint is
sufficient to show probable cause for the revocation or suspension of the license. A written
report of any officer, employee or agent of the City disclosing violations of any law by the
licensee or the licensee's agents or employees will also be deemed a complaint within the
meaning of this section. All complaints must be verified unless made by City officers,
employees, or agents in their official capacity.
2. Upon completion of the business license officer's investigation, the business license officer will
report the results to the City Manager, together with a recommendation as to whether grounds
exist to revoke or suspend the license or whether the complaint should be disregarded.
3. Based upon the report of such business license officer and such additional investigation as the
City Manager may deem appropriate, the City Manager will determine whether the complaint
constitutes a sufficient basis to revoke or suspend the license, and if so, will issue a written
order of revocation or suspension to the licensee setting forth the grounds for revocation or
suspension of the license. Such written order must be sent by certified mail to the licensee's last
known address or be personally delivered. The order must also provide notice that the license
revocation or suspension will become final within 10 days of the date of mailing or personal
delivery of the order unless it is timely appealed in the manner provided in Section 5.24.080 of
this Chapter.
5.24.060 - Massage establishment operating requirements.
No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on,
any massage establishment, unless each and all of the following requirements are met.
A. Massage operations shall be carried on or conducted, and the premises shall be open only
between the hours of 5:00 a.m. and 10:00 p.m. of any day. A person designated as a manager
shall be on the massage establishment premises at all times of operation and must be
registered with the City Manager by the operator to receive all complaints and be responsible
for all violations taking place on the premises. The appointment of a manager must be in writing
with the manager in charge of the premises acknowledging this appointment. All managers
must be registered with the City prior to being employed in this position, and all managers must
possess a valid CAMTC certificate.
B. The massage establishment must post signs specifying a list of services available, the cost of
such services, and notice indicating that the massage establishment and the massage rooms
do not provide complete privacy and are subject to inspection by the City and health officials,
without prior notice. Such signs shall be posted in bold minimum one inch type, in English and
such other languages as may be convenient to communicate such services, in an open public
place within plain view of the entry of the premises, and shall be described in readily
understandable terms. No operator or manager shall permit, and no massage therapist shall
offer or perform, any service other than those posted pursuant to this section.
C. The massage establishment business license and a copy of the CAMTC certificate of each and
every massage therapist employed in the massage establishment shall be displayed in an open
and conspicuous place within plain view of the entry of the massage establishment premises.
D. Every massage establishment shall require all customers to sign a register book. The manager
shall assure that the massage establishment shall keep an accurate register book showing the
name and address of each customer in clear and legible writing, verified by the customer's
driver's license or identification card, the name of the massage therapist administering the
treatment, and the type of treatment administered. Such register books shall be maintained on a
form approved by the City Manager. Such books shall be open to inspection by officials with
responsibility for enforcement of this chapter during regular business hours upon demand,
written or oral, and without use of subpoena or court process; and may not be used for any
other purpose, including use of the file by operators, managers and employees of the
establishment. Such register books shall be maintained on the premises of the massage
establishment for a period of two years.
E. Massage establishments shall at all times be equipped with an adequate supply of clean towels,
coverings, and linens. Clean towels, coverings, and linens shall be stored in cabinets. Towels
and linens shall not be used on more than one patron, unless they have first been laundered
and disinfected. Disposable towels and coverings shall not be used on more than one patron.
Soiled linens and paper towels shall be deposited in separate, marked receptacles.
F. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. All shower,
toilet, and washing facilities shall be thoroughly cleaned and disinfected with a disinfectant
approved by the Health Department as needed, and at least once each day the premises are
open.
G. If wet and dry heat rooms, steam and vapor rooms, cabinets, tanning booths, whirlpool baths
and pools are offered, they shall be thoroughly cleaned and disinfected with a disinfectant
approved by the Health Department as needed, and at least once each day the premises are
open. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the
Health Department. All walls, ceilings, floors, and other physical facilities for the establishment
must be in good repair and maintained in a clean and sanitary condition.
H. Instruments for performing massage shall not be used on more than one patron unless they
have been sterilized, using approved sterilization methods. Each operator and/or on -duty
manager shall provide and maintain on the premises adequate equipment for disinfecting and
sterilizing instruments used in massage.
I. All managers, employees, and massage therapists shall be clean, and wear clean,
nontransparent outer garments that continuously cover the area from the bottom of the neck to
the top of the kneecap. All managers, employees, and massage therapists shall remain clothed
while on the massage establishment premises, and shall not expose their genitals, pubic area,
buttocks, or breasts. Massage therapists shall maintain a CAMTC certificate identification card
clearly visible on their person during business hours.
J. No person shall enter, be or remain in any part of a massage establishment while in possession
of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for
such drugs dispensed by a licensed pharmacy through the State Board of Pharmacy. The
operator and manager shall not permit the storage of alcoholic beverages or condoms upon
such premises.
K. All exterior doors (except a rear entrance for employees only) shall remain unlocked during
business hours, unless there is no massage establishment staff available to assure the security
of clients and massage therapists who are behind closed doors.
L. Except as provided in Section 5.24.060(K), doors to dressing rooms, massage rooms, and
treatment rooms may not be locked.
M. No massage establishment or accessory use locations employing massage therapists shall be
equipped with tinted or "one-way" glass in any room or office.
N. Every operator or manager shall report to the City any change of employees, whether by new or
renewed employment, discharge or termination, on the form and in the manner required by the
City. The report shall contain the name of the employee and the date of hire or termination. The
report shall be made within five days of the date of hire or termination.
O. The operator and/or on -duty manager shall consent to the unannounced inspection of the
massage establishment by the City and the County Fire, Sheriff and Health Departments for the
purpose of determining that the provisions of this Chapter or other applicable laws or
regulations are met.
1. The City and the County Fire, Sheriff and Health Departments may, from time to time, make an
unannounced inspection of each massage establishment for the purpose of determining that the
provisions of this chapter, state law or other applicable laws or regulations are met. Criminal
investigations may be conducted as directed by the Sheriffs Department. The Sheriff's
Department and/or City may inspect the occupied massage rooms for the purpose of
determining that the provisions of this chapter are met. During an inspection, the Sheriffs
Department and/or the City may verify the identity of all on -duty managers, therapists, and
employees.
2. An operator, manager, massage therapist, or employee is prohibited from refusing to permit an
inspection of the massage establishment premises by a representative of the City or Los
Angeles County regulatory official at anytime it is occupied or open for business, as required by
this section.
P. Common use of towels or linens shall not be permitted. Towels and linens shall be laundered or
changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of
clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have
doors or covers.
Q. No person or persons shall be allowed to live inside the massage establishment at any time.
R. No electrical, mechanical or artificial device shall be used by the operator, manager, therapist, or
any employee of the massage establishment for audio and/or video recording within dressing rooms,
massage rooms, or treatment rooms, or the conversation or other sounds within dressing rooms,
massage rooms, or treatment rooms.
S. The operator or on -duty manager of the massage establishment shall keep a complete and current
list of the names, residence addresses, and telephone numbers of all massage therapists and
employees of the massage establishment and the name, residence address and telephone number
of the manager purported to be principally in charge of the operation of the massage establishment.
This roster shall be written in English, kept on the premises and be available for inspection by any
official charged with enforcement of this Chapter.
T. Each establishment, operator, manager, massage therapist, and employee will provide clean,
sanitary and opaque coverings to all patrons for the purposes of draping genitalia and female breasts
consistent with the State of California Government Code Section 51034.
U. Massage establishments may not be open for operation before 8:00 a.m. or after 10:00 p.m. A
massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers
and visitors shall be excluded from the massage establishment by that time. The hours of operation
must be displayed in a conspicuous public place in the lobby within plain view of the entrance and
clearly visible from the outside.
V. No massage establishment shall place, publish, distribute, or cause to be placed, published, or
distributed any advertising matter that depicts any portion of the human body that would reasonably
suggest to prospective customers that any service is available other than those services described in
this chapter. No massage establishment shall employ language in the text of such advertising that
would reasonably suggest to prospective customers that any service is available other than those
services authorized by this chapter.
W. No person shall engage in, conduct, or carryon the business of a massage establishment unless
there is on file with the City Clerk, in full force and effect at all times, documents issued by an
insurance company authorized to do business in the State evidencing that the licensee is insured
under a liability insurance policy providing minimum coverage of $100,000.00 for injury or death to
one person arising out of the operation of any massage establishment and the administration of a
massage.
K All massage establishments must comply with all state and federal laws and regulations for persons
with a disability, including all applicable anti -discrimination laws.
Y. No person(s) other than valid CAMTC certificate holders, employees, customers, vendors and
service providers will be allowed beyond the front lobby, located directly inside the front door
entrance during hours of operation.
Z. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code,
and, in addition, at least one artificial light of not less than forty (40) watts shall be illuminated in each
room or enclosure where massage services are performed on customers.
AA. Massages shall be administered only on standard massage tables, and not on pads or beds. Pads
used on massage tables shall be covered with a durable washable plastic or other waterproof
material acceptable to the Health Department.
BB. No massage business located in a building or structure with exterior windows front a public street,
highway, walkway, or parking area shall block visibility into the interior reception and waiting areas
though the use of curtain, closed blinds, tints, or any other material that obstructs or darkens the
view into the premises or by signs that cover more than fifteen (15) percent of any windowpane. The
interior of the business shall be plainly visible from the exterior of the business by passing vehicles
and pedestrians.
CC. Each establishment, operator, manager, massage therapist, and employee shall comply with the
State of California Business and Professional Code Section 4600-4621.
DD. Each establishment, operator, manager, massage therapist, and employee shall ensure that at no
time other than for brief moments during changing in private rooms will any genitalia or female
breasts be uncovered.
5.24.070 - Change of location or name separate location.
A. Any change of location of any massage establishment must first be approved by the City who must
determine, prior to approval that all ordinances and regulations of the City will be complied with at
any proposed new location.
B. Where a person holding a business license issued under the provisions of this Chapter changes the
name of the massage establishment, such person must make an application to the City and pay a
fee in an amount set by City Council resolution to have said business license amended to reflect the
change of name.
C. No CAMTC certificate holder or massage establishment shall operate under any name or conduct
any establishment under any designation not specified in the CAMTC certificate or business license
issued pursuant to this Chapter.
D. Any application for an extension or expansion of a building or other place of business of a massage
establishment shall require compliance with the City's zoning regulations.
E. A separate business license shall be required for each location of a massage establishment.
F. If during the life of a massage establishment business license the licensee has any change in
information concerning the original application, notification of such change(s) must be made to the
City, in writing, within thirty (30) days of the change(s).
G. Any massage establishment which is legally licensed by the City upon the effective date of this
Chapter and has any type of change to the ownership or ownership structure shall, be required to
comply in full with all requirements of Ordinance No. 956.
5.24.080 - Appeals.
A. License Denial.
1. An applicant may appeal the business license officer's denial of a license or license renewal by
filing a written notice of appeal with the City Clerk setting forth the grounds for disagreement
with the decision within ten days of the date of the decision. The appeal must be accompanied
by the applicable appeal fee.
2. The City Clerk will then fix a time and place for the hearing of such appeal before the City
Manager, and must give notice to the appellant of the time and place of the hearing by certified
mail or personal delivery to the appellant at the address provided in the appeal.
3. At the hearing, the City Manager will have authority to determine all questions raised on such
appeal, provided that no such determination may conflict with any substantive provision of this
code or other applicable law. The decision of the City Manager will be final, and will be effective
upon the date that written notice of the decision is sent by certified mail or personally delivered
to the appellant.
B. License Revocation or Suspension.
1. A licensee may appeal the City Manager's revocation or suspension order by filing a written
notice of appeal with the City Clerk setting forth the grounds for disagreement with the decision
within ten days of the date of the revocation or suspension order. The appeal must be
accompanied by the applicable appeal fee established by City Council resolution.
2. If an appeal of a revocation or suspension order is timely filed, the matter will be scheduled for a
hearing within a reasonable time before a city -appointed administrative hearing officer. The
filing of such appeal will stay the revocation or suspension order until a final decision is made by
the hearing officer. The licensee, and any other persons requesting notice must be given at
least ten days' written notice of the time and place of such hearing.
3. At the hearing, the hearing officer will determine whether a sufficient basis exists for the
revocation or suspension of the license based upon the complaint, applicable staff reports, the
revocation or suspension order, and such other evidence as may be presented that is relevant
to the proceedings. The licensee will be given a reasonable opportunity to be heard in
conjunction with the revocation or suspension proceedings. The burden of proof will be upon the
City to show that the facts and evidence is sufficient to constitute a basis for revocation or
suspension of the license. The proceedings before the hearing officer will be an informal
administrative hearing and the rules of evidence, as generally applied in judicial proceedings,
will not be applicable. However, City officials or representatives and the licensee will have the
right of subpoena.
4. The hearing officer must issue a written decision on the appeal within ten days of the conclusion
of the hearing unless the City and the licensee agree to a different deadline. Notice of such
decision must be provided to the licensee by certified mail or personal delivery.
5. The decision of the hearing officer will be effective upon the date of mailing or personal delivery
of the decision, and will be final."
ELITE DESIGN DEVELOPMENT INC.
Residential . Commercial . Planning . Design . Development
8748 E. Valley Blvd., Suite K, Rosemead, CA 91770
Tel: (626) 288-2651 Fax: (626) 288-2654
November 14, 2017
Ms. Annie Lao
Assistant Planner
Planning Department
City of Rosemead
8838 E. Valley Blvd.,
Rosemead, CA 91770
RE Healthy Body Foot Spa Inc.
3927 Walnut Grove Ave. Unit 121 & 122,
Rosemead, CA 91770
Dear Annie,
The owner of the above mentioned business will provide Security Plan as follows:
1. A 24-hour video surveillance recording system will be provided to include
coverage of the following areas:
a. All patron and employee arrivals and departures
b. Immediate and adjoining parking area
c. Entire exterior perimeter of the subject business;
d. Any office and cashier areas
e. General floor area
2. Video Surveillance System will be stored for a minimum of 30 days and be
made available to law enforcement and code enforcement upon request.
3. Good lighting will be maintained during the hours of darkness at the parking lot
and exterior of the business.
Yours sincerely,
iW
Kamen Lai
Designer / Owner's representative
EXHIBIT E