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HomeMy WebLinkAbout09-46 - Resolutions RESOLUTION NO. 09-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA, RECOMMENDING APPROVALOF CONDITIONAL USE PERMIT DRC2009-00433 A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT AT 7305 DAY CREEK BOULEVARD, UNIT 101, LOCATED IN THE VILLAGE COMMERCIAL DISTRICT OFTHE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics, Incorporated, DBA Massage Envy,filed an application for the issuance of Conditional Use Permit DRC2009-00433, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 9th day of December 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above-referenced public hearing on December 9, 2009, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 7305 Day Creek Boulevard,with a street frontage of 810 feet and lot depth of 545 feet and which is presently improved with the Winery Estates Marketplace, a multi-tenant commercial retail center; and b. The property to the north of the subject site is a tract of single-family residences; the property to the south consists of a tract of single-family residences;the property to the east is the Filippi Winery and vineyard; and the property to the west is a vacant lot across Day Creek Boulevard; 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; Filippi 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 a vacant lot across Day Creek Boulevard in the Regionally Related Commercial District of the VCP; and PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433 —GARY REA December 9, 2009 Page 2 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. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The General Plan Designation of Mixed-Use for this area allows for a variety of uses to be conducted and massage establishments can be an allowable use. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The use will be conducted during regular business hours of the Winery Estate Marketplace and have conditions to control the operating procedures set forth bythe City of Rancho Cucamonga. C. The proposed use complies with each of the applicable provisions of the Development Code and Victoria Arbors Master Plan. The use is an allowed use with the approval of this Conditional Use Permit. 4. 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 staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in 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 the applicant of his obligations under this condition. PLANNING COMMISSION RESOLUTION NO. 09-46 D RC2009-00433— GARY R EA December 9, 2009 Page 3 3) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or the use is discontinued for more than 180 days. 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. 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 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 8:00 a.m. to 10:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. 7) All reception areas shall be visible from public sidewalks adjacent to the store front. 8) The 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. Building 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. PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433— GARY REA December 9, 2009 Page 4 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 this 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, which permit shall be displayed in a conspicuous area open to the public at all times. 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 technician 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 7:00 a.m. and 10:00 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 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433— GARY REA December 9, 2009 Page 5 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 2 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. 1) 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, 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 therapist, shall be clean, and wear clean, non-transparent 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 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 PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433—GARY REA December 9, 2009 Page 6 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. 0) 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 non-transparent covering. In addition, a female patron's breasts shall be fully covered by a non-transparent 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. 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; PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433=GARY REA December 9, 2009 Page 7 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 60 wafts 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 that 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; 1) Pads used on the massage tables shall be covered with a durable,washable plastic or other waterproof material acceptable to the San Bernardino County Health Department. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 2009. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman ATTEST: �- Jam . Troyer, AICP, Secretary I,James R.Troye , AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga,at a regular meeting of the Planning Commission held on the 9th day of December 2009, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 09-46 DRC2009-00433— GARY REA December 9, 2009 Page 8 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL,MUNOZ,STEWART,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE RESOLUTION NO. 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 ESTATES MARKETPLACE AT THE SOUTH EAST CORNER OF BASE LINE ROAD AND DAY CREEK BOULEVARD, LOCATED AT7305 DAY CREEK BOULEVARD, UNIT 101, IN THE VILLAGE COMMERCIAL DISTRICT OF THE VICTORIA ARBORS MASTER PLAN; AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 0227-161-67. A. Recitals. 1. Gary Rea of RME Clinics, Incorporated DBA Massage Envy, filed an application for 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_ day of 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 , 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; Filippi Winery with a vineyard to the east in the CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED Page 2 High Residential District; single-family residential development to the north in the Low-Medium Density Residential District of the VCP; and 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 staff's 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 the applicant of his obligations under this condition. 3) Conditional Use Permit approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval or the use is discontinued for more than 180 days. 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. CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED Page 3 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 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 8:00 a.m.to 10:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. 7) All reception areas shall be visible from public sidewalks adjacent to the store front. 8) The 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. BUILDING 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 this 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, which permit shall be displayed in a conspicuous area open to the public at all times. It is unlawful for any owner, CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED Page 4 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 technician 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 7:00 a.m. and 10:00 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 2 years. G) Massage establishments shall at all times be equipped with an adequate supply of clean, sanitary towels,coverings and linens. Clean CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED Page 5 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. 1) 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, 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 therapist, shall be clean, and wear clean, non-transparent 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 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. CITY COUNCIL RESOLUTION NO. DRC2009-00433 — RME CLINICS, INCORPOATED Page 6 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 non-transparent covering. In addition, a female patron's breasts shall be fully covered by a non-transparent 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. 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 60 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 CITY COUNCIL RESOLUTION NO. DRC2009-00433— RME CLINICS, INCORPOATED Page 7 to patrons. A minimum of two separate lockers that 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; 1) Pads used on the 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.