HomeMy WebLinkAbout10-012 - Resolutions RESOLUTION NO. 10-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT DRC2009-00433, A REQUEST TO
ALLOW A MASSAGE ESTABLISHMENT TO OPERATE AT A SITE
LOCATED WITHIN THE WINERY ESTATE MARKETPLACE AT
THE SOUTH EAST CORNER OF BASE LINE ROAD AND DAY
CREEK BOULEVARD, LOCATED AT 7305 DAY CREEK
BOULEVARD UNIT 101 IN THE VILLAGE COMMERCIAL DISTRICT
OF THE VICTORIA ARBORS MASTER PLAN -APN: 0227-161-67.
A. Recitals.
1. Gary Rea of RME Clinics, Incorporated DBA Massage Envy filed an application for a
Conditional Use Permit DRC2009-00433, as described in the title of this Resolution,to conditionally
allow a massage establishment to operate at 7305 Day Creek Boulevard, Unit 101.
2. On the 9th day December, 2009, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application DRC2009-00433 and issued
Resolution No. 09-46, recommending the City Council approve the above listed application.
3. On the 6th day of January 2010, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing on this application and concluded said hearing on that date.
4. All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the
City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the
above-referenced meeting on January 6, 2010, including written and oral staff reports, this Council
hereby specifically finds as follows:
a. The site located within the Winery Estate Marketplace on the southeast corner of
Base Line Road and Day Creek Boulevard at 7305 Day Creek Boulevard, Unit 101; and
b. Massage Envy is a nationally recognized company with stores nationwide. They
are a chain of professional therapeutic massage clinics. The site is located within the Village
Commercial District of the Victoria Arbors Master Plan , which was designed to accommodate this
type of business; and
C. The project site is currently zoned Village Commercial and is within the Victoria
Community Plan (VCP) and the Victoria Arbors Master Plan. The properties surrounding the site
are also in the VCP but only the properties to the south and east are included in the Victoria Arbors
Master Plan and specifically identified as single-family residential development to the south in the
Low-Medium Density Residential District; Fillippi Winery with a vineyard to the east in the High
Residential District; single-family residential development to the north in the Low-Medium Density
Residential District of the VCP; and to the west a vacant lot across Day Creek Boulevard in the
Regionally Related Commercial District of the VCP; and
d. The applicant has concurrently applied for Victoria Community Plan and Victoria
Arbor Master Plan amendments to allow massage establishments as a conditionally permitted use
within the Village Commercial District of the Victoria Arbors Master Plan.
3. The Planning Department staff has determined that the project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines
Section 15301 Existing Facilities because the use will be occupying an existing building with minor
interior alterations. In addition, there is no substantial evidence that the project may have a
significant effect on the environment. The Planning Commission has reviewed the Planning
Department's determination of exemption, and based on its own independent judgment, concurs in
the staffs determination of exemption.
4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3, above,this
City Council hereby approves the request for a Conditional Use Permit subject to each of the
Standard Conditions, attached hereto and incorporated herein by this reference:
PLANNING DEPARTMENT
1) The approval of this application is for a massage establishment at
7305 Day Creek Boulevard, Unit 101.
2) The applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because of
the issuance of such approval, or in the alternative, to relinquish such
approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any court costs and attorney's fees which the City, its
agents, officers, or employees may be required by a court to pay as a
result of such action. The City may, at its sole discretion, participate at
its own expense in the defense of any such action but such
participation shall not relieve applicant of his obligations under this
condition.
3) Conditional Use Permit, Variance, or Development/Design Review
approval shall expire if building permits are not issued or approved use
has not commenced within 5 years from the date of approval. No
extensions are allowed.
4) Occupancy of the facilities shall not commence until such time as all
Uniform Building Code and State Fire Marshal regulations have been
complied with. Prior to occupancy, plans shall be submitted to the
Rancho Cucamonga Fire Protection District and the Building and
Safety Department to show compliance. The buildings shall be
inspected for compliance prior to occupancy.
Resolution No. 10-012 - Page 2 of 7
5) The applicant shall be required to pay any applicable Fish and Game
fees as shown below. The project planner will confirm which fees
apply to this project. All checks are to be made payable to the Clerk of
the Board of Supervisors and submitted to the Planning Commission
Secretary prior to the Planning Commission or Planning Director
hearing: Notice of Exemption - $50.
6) The use shall only operate during the hours of 8 a.m. — 10 p.m.
Monday — Friday, 8 a.m. — 6 p.m. Saturday and 10 a.m. — 6 p.m.
Sunday.
7) All reception areas shall be visible from public sidewalks adjacent to
store front.
8) Business shall remain in compliance with all State, County, and Local
regulations including the conditions of the Conditional Use Permit at all
times. If the operation of the facility does not remain in compliance the
Conditional Use Permit may be reviewed by the Planning Commission
for consideration and possible termination of use.
9) Approval of this request shall not waive compliance with any sections
of the Development Code, State Fire Marshal's regulations, Uniform
Building Code, or any other City Ordinances.
10) Any modification or intensification of the use beyond what is specifically
approved by this Conditional Use Permit shall require review and
approval by the Planning Commission.
11) If the use is terminated and the building vacated for over 180 days then
the Planning Commission may consider modifying or revoking the
Conditional Use Permit.
BUILDING AND SAFETY DEPARTMENT
1) The applicant upon approval of the Conditional Use Permit must apply
for a massage establishment permit as required by RC Ordinance
No. 555 and shall request an inspection from the Building and Safety
Department to determine compliance with Facilities Section 9.24.060.
BUSINESS LICENSE
Operating Requirements:
Any person engaging in, conducting, or permitting the operation of a certified massage
establishment, may do so only if done in compliance with and/or subject to Subsections
A through G, I through N, Q, R, and S of Section 9.24.050. No person shall engage in,
conduct, or 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. Each person employed or acting as a massage technician or certified massage
therapist shall have a valid permit issued by the Director, or massage certificate, in which
the permit shall be displayed in a conspicuous area open to the public at all times.
Resolution No. 10-012 - Page 3 of 7
It is unlawful for any owner, manager, operator, responsible managing employee, or
permittee in charge of or in control of a massage establishment to employ or permit a
person to act as a massage technician who is not in possession of a valid, unrevoked
massage technician permit issued pursuant to this Chapter and which is worn clearly
visible during working hours, or a valid massage certificate.
B. The possession of a valid massage establishment permit does not authorize the
possessor to perform work for which a massage technicians permit or massage
certificate is required.
C. Massage and bath operations shall be carried on or conducted, and the premises
shall be open, only between the hours of 7 a.m. and 10 p.m.
D. A list of services available as approved pursuant to the application and the cost of
such services shall be posted in an open public place within the premises, and shall be
described in readily understandable language. In the event any list of services and costs
posted or provided hereunder is in other than the English language, the permittee shall,
at the permittee's cost and expense, provide to the Director an English language
translation thereof. Such English translation shall be attested to being a full, true and
correct translation thereof under penalty of perjury of the laws of the state of California.
No owner, manager, operator, responsible managing employee, or permittee shall
permit, and no massage technician, or certified massage therapist shall offer or perform,
any service other than those posted.
E. The massage establishment permit and a copy of the permit of each and every
massage technician, or massage certificate of each certified massage therapist
employed in the establishment, shall be displayed in an open and conspicuous place on
the premises.
F. Every massage establishment shall keep a written record of the date and hour of
each treatment, the name and address of each patron, the name of the massage
technician or certified massage therapist administering the treatment, and the type of
treatment administered. Such written record shall be maintained on forms approved by
the Director. Such records shall be open to inspection only by officials charged with
enforcement of this Chapter, shall be available during all business hours of the
establishment, and shall be used for no other purpose. Any unauthorized disclosure or
use of such information by any officer or employee of the City or the County of San
Bernardino, or the owner or employee of the massage establishment shall constitute a
misdemeanor and such persons shall be subject to the penalty of the provisions of this
Chapter in addition to any other penalties provided by law. Such records shall be
maintained on the premises of the massage establishment for a period of two years.
G. Massage establishments shall at all times be equipped with an adequate supply of
clean, sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall
be stored in enclosed cabinets. Towels and linens shall not be used on more than one
patron, unless such towel or linen has first been laundered and disinfected. Disposable
towels and coverings shall not be used on more than one patron. Soiled linens and
towels shall be deposited in separate, health department approved receptacles.
H. If male and female patrons are to be treated simultaneously at the same massage
establishment, separate massage rooms, separate dressing facilities, and separate toilet
facilities shall be provided for male and female patrons.
Resolution No. 10-012 - Page 4 of 7
I. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower
and bathrooms, tanning booths, whirlpool baths, and pools shall be thoroughly cleaned
and disinfected as needed, and at least once each day the premises are open and
should be cleaned with a disinfectant approved by the San Bernardino County Health
Department. Bathtubs shall be thoroughly cleaned with a disinfectant, approved by the
Health Department, after each use. All walls, ceilings,floors and other physical facilities
of the establishment must be in good repair and maintained in a clean and sanitary
condition.
J. Instruments utilized in performing massage shall not be used on more than one
patron unless such instruments have been sterilized, using approved sterilizing methods.
K. All employees, including massage technicians and certified massage therapists,
shall be clean, and wear clean, nontransparent outer garments. Such garments shall
not expose their genitals, pubic area, buttocks, or chest. Massage technicians shall
maintain the massage technician permit visibly on their person during business hours.
L. . No person shall enter, be in, or remain in any part of a massage establishment
while in the possession of, consuming, under the influence of, or using any alcoholic
beverage or drugs, except pursuant to a prescription for such drugs. The owner,
operator, responsible managing employee, manager, or permittee shall not permit any
such person to enter or remain upon such premises.
M. No massage establishment shall operate as a school of massage, or use the same
facilities as that of a school of massage.
N. No massage establishment granted a permit under this Article I shall place, publish
or 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 or clients that any service is available other than those services described in
Section 9.24.050(D) of this Article I. Nor shall any massage establishment or outcall
massage service employ language in the text of such advertising that would reasonably
suggest to a prospective patron that any service is available other than those services as
described in Section 9.24.050(D) of this Article I.
O. No service enumerated in Section 9.24.050(D) of this Article I may be carried on
within any cubicle, room, booth, or any area within a massage establishment, which is
fitted with a door capable of being locked.
P. All exterior doors shall remain unlocked from the interior side during business
hours.
Q. A massage shall not be given and no patron shall be in the presence of a massage
technician or certified massage therapist or other employee unless the patron's genitals
are fully covered by a nontransparent covering. In addition, a female patron's breasts
shall be fully covered by a nontransparent covering.
R. No massage establishment shall be open for business without at least one
massage technician on the premises at all times who is in possession of a current, valid
permit or massage certificate.
S. Each massage establishment granted a permit under this article shall have a
manager on the premises at all times the massage establishment is open for business.
The operator of each massage establishment shall file a statement with the Director
designating the person or persons who shall act as manager. The operator, or manager
in the operator's absence, shall be responsible for ensuring compliance with this
Chapter.
Resolution No. 10-012 - Page 5 of 7
Facilities:
Every certified massage establishment shall maintain facilities meeting all of the
requirements of Subsections A through F, H and I of this Section 9.24.060. Every
massage establishment shall maintain facilities meeting all of the following requirements:
A. Signs shall be in conformance with the current ordinances of the City;
B. Minimum lighting shall be provided in accordance with Section 1205 of the Uniform
Building Code or successor provision or provisions. In addition, at least one artificial
light of not-less-than sixty watts shall be provided in each room or enclosure where
massage services are performed on patrons;
C. Minimum ventilation shall be provided in accordance with Section 1203 of the
Uniform Building Code or successor provision or provisions;
D. Adequate equipment for disinfecting and sterilizing instruments used in performing
the acts of massage shall be readily available;
E. Hot and cold running water shall be provided at all times;
F. Closed cabinets shall be provided for storage of clean linens;
G. Adequate bathing, dressing, locker, and toilet facilities shall be provided to patrons.
A minimum of two separate lockers which are capable of being locked must be provided
for patrons. Separate toilets, wash basins, bathing, and dressing areas shall be
provided for male and female patrons;
H. A minimum of one separate wash basin for employees shall be provided at all
times. The basin shall be located within or as close as practicable to the area devoted to
performing of massage services. Sanitary towels shall also be provided at each basin;
I. Pads used on massage tables shall be covered with a durable,washable plastic or
other waterproof material acceptable to the San Bernardino County Health Department.
5. The City Clerk shall certify the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 10-012 - Page 6 of 7
PASSED, APPROVED, AND ADOPTED this 6th day of January 2010.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth, .D., Mayor
ATTEST:
Q wti L '�' a
a ice C. Reynolds, City Cl&k
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted
by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City
Council held on the 6t" day of January 2010.
Executed this 7" day of January 2010, at Rancho Cucamonga, California.
nice C. Reynolds, City Cleri'
Resolution No. 10-012 - Page 7 of 7