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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 Paaa 2 of 13 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 Page 4 of 13 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 Paas 5 of 13 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 Pape 8 of 13 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 EXHIBIT "C" _ U, m . BLVD. r'. %. °. r z PROJECT SITE 1. d OSQ O m O O V, n.s. iN �A 4 W iN .N N nn a N ,� .. ' .' A •� rm$ B. n ec Y yv � � .y �. E2.a a . - 2J iT W .may.. •d. ' °Q':e µ.� �<.� w. g.m N RALPH t P k 66 NUR 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