Sec. 26-121. - Massage parlors and health and beauty spas.

The purpose of this section is to serve the need of the public in regard to massage parlors and health and beauty spas while guaranteeing the adequacy of the site for the use and the protection of surrounding properties through consideration of physical treatment and compatibility with surrounding properties.

(a)

This section shall not apply to any uses or professions exempted by chapter 14 article V of this Code.

(b)

Massage parlors and health and beauty spas may be established only in the zones as specified in article II, division 2 of this chapter.

(c)

The permit required (as specified in table 2-12 in article II, division 2) shall be obtained prior to establishing a massage parlor or health and beauty spa.

(d)

The development standards of the zone in which this use is to be located shall apply (as specified in article II of this chapter unless this section specifically permits or prohibits otherwise.

(e)

Parking shall be required as indicated in article III, division 6.

(f)

Massage parlors and health and beauty spas shall comply with the following minimum standards:

(1)

Massage parlors and health and beauty spas shall not be located within one thousand (1,000) feet of another massage use;

(2)

Massage parlors and health and beauty spas shall not be located within one hundred fifty (150) feet from any residential use.

(3)

A massage room shall not have light dimmers and shall not be equipped with lamps.

(4)

Accessory massage uses (where massage is not the primary use) shall not have any doors for massage rooms but may cover the doorway with draped curtains. Massage parlors and health and beauty spas may have doors that are not equipped with any locking devices.

(5)

Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of 40-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the City. The lighting in each massage room shall be always activated while the patron is in such room or area.

(6)

No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area by curtains, closed blinds, or any other material that obstructs, blurs, or darkens the view into the premises.

(g)

No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises.

(h)

No food of any kind shall be cooked or prepared in a massage establishment. No food of any kind shall be for sale or sold in the establishment.

(i)

A massage establishment may be inspected at least twice a year for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by the police department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including, but not limited to, code enforcement officers, and such other enforcement officials.

(j)

Advertising. No permitted massage establishment shall place, publish, or distribute, or cause to be placed, published, or distributed, in any publication or any website, any advertising that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this chapter. No massage establishment shall 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 authorized by this chapter. The massage establishment shall ensure that it and all certified massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals to include the name under which he or she is certified and his or her certificate number in any and all advertising of

massage for compensation; to not engage in sexually suggestive advertising related to massage services; to not hold him or herself out as a certified massage professional, or use terms such as "licensed" or "certified," that implies that an uncertified person is certified as a massage professional; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage professional if that individual is not so certified by the CAMTC.

(k)

Clothing. A massage professional may not wear attire that is transparent, see-through, or substantially exposes the massage professional's undergarments or that exposes their breasts, buttocks, or genitals, or that in any way willfully and lewdly exposes their private parts in any place that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water-based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements.

(l)

Responsibility for conduct of massage establishment. The operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the operator and on duty manager for purposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, denied.

(m)

Conditions of approval of a conditional use permit for health and beauty spas or massage parlors.

(1)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of the use. The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to two (2) times the current conditional use permit application fee. The review deposit shall be paid prior to occupancy or business license issuance.

(2)

All persons providing massage services shall obtain a CAMTC certificate.

(3)

Signs—Display of permits. Neither signs nor the front of the business shall be illuminated by strobe, flashing lights or string lights. Each operator and/or on-duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on-duty manager shall ensure: (a) CAMTC Certificates for each massage professional

employed at the establishment (whether on-duty or not) are conspicuously displayed in the lobby area of the massage establishment; and (b) that each massage professional has his or her identification card in his or her possession while providing massage services for compensation.

(4)

The conditional use permit may be revoked, amended, or suspended by the Planning Commission under the provisions of article VI, division 4 of this Code.

(5)

Licenses and permits as required by section 14-117 of this Code shall be obtained prior to the start of the operation of the use.

(6)

The use shall be conducted in compliance with all applicable requirements of article V of chapter 14 of this Code.

(7)

Such other conditions as deemed by the Planning Commission to reasonably relate to the purpose of this section.

(n)

Accessory massage service is allowed as an accessory to hair salons, barbershop, nail salons, gyms/fitness studios, medical office/clinic only.

(1)

An administrative review shall be obtained prior to establishing accessory massage and prior to issuance of business license and the start of operations subject to the following minimum standards:

a.

A massage room shall not have light dimmers and shall not be equipped with lamps.

b.

The massage room shall not have any doors but may cover the doorway with draped curtains.

c.

Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of 40-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the City. The lighting in each massage room shall be always activated while the patron is in such room or area.

(2)

A letter signed by the applicant for massage services requesting that the Community Development Director or their designee approve massage services as an accessory use at the subject address. The letter should also include the following:

a.

Applicant's full name, mailing address, and phone number (the applicant must be the same business owner of the primary business.

b.

The proposed hours of operations for the massage services and hours of operation of the primary use.

c.

A statement that massage services will not be permitted beyond the hours of operation of the primary use.

d.

A statement that the proposed massage technician is strictly accessory to the primary use and will abide by all requirements of an accessory use, including permitting no exterior advertising relating to massage services.

(3)

A floor plan, drawn to scale, of the primary use indicating location of walls and entries and labeling the intended use of rooms. Specifically, show the following:

a.

The location of the massage room and fixtures related to the business (sink, table, counter, bathroom shall be indicated on the floor plan);

b.

No separate exterior entrance to the massage room. The path of travel to the massage room should be through the main entrance of the primary use; and

c.

The massage room and other areas devoted to the massage service shall not exceed ten (10) percent of the total business floor area.

(4)

A business license from the City treasurer's office is required.

(5)

Each individual massage technician shall comply with the requirements of section 14-68 of this Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-122. - Mobile home development and design standards.

The regulations contained in this section, in addition to the requirements for the underlying zone, shall govern the land, buildings, yard restrictions, signs, landscaping, and other improvements required for mobile home parks developed within any such district.

(a)

The following general criteria are hereby set forth to guide the Planning Commission in establishing a mobile home park district. The Planning Commission may, based upon compliance with said criteria, approve or deny a request for a mobile home park district.

(1)

A mobile home park shall be located on a four (4) lane or wider street.

(2)

A mobile home park shall consist of not less than five (5) acres of usable area (ten (10) percent grade or less).

(3)

The existing utility systems (water, sewer, drainage, electrical, gas and communications facilities) should be adequate or the construction of new systems possible to serve a mobile home park within the mobile home park district.

(b)

The following development standards shall apply to a mobile home park.

(1)

The required permit (as specified in article II division 2) shall be obtained prior to construction of a mobile home park.

(2)

State standards. The mobile home park standards of the state, as the same now exist or as they may be amended, shall apply.

(3)

Underground utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

(4)

Off-street parking shall be provided as indicated in article III division 6.

(5)

Landscaping. The required setback areas shall be landscaped. In addition, there shall be planters, trees, shrubs, and other plant material generally dispersed through the mobile home park. Such landscaping shall be permanently watered and maintained. All such planted areas shall be surrounded by a curb of concrete or comparable material not less than six (6) inches high.

a.

No planting area shall be less than twenty-four (24) square feet in overall area or less than three (3) feet in width (inside dimension) except for raised planter boxes around or near buildings.

b.

There shall be at least one fifteen (15) gallon size tree provided per mobile home lot.

c.

Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.

d.

Each unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped.

e.

The landscaping plan shall be drawn to a minimum scale of one (1) inch for each fifty (50) feet; shall indicate the square footage of each planting area; shall tabulate the square footage of all landscaped area and percentage of the total site devoted to landscaping; shall identify at the planting area the type of plant; shall list the botanical and common names of all plants with the number of each and their container size; and shall clearly portray the permanent irrigation system.

(6)

Walls. A five (5) foot high (minimum) concrete, masonry or decorative block wall shall be provided and maintained on the boundary of the mobile home park. Walls along dedicated street frontages must be set back a minimum distance of fifteen (15) feet from the property line and this setback area shall be landscaped. Type, texture, and color shall be approved by the Planning Commission.

(7)

Yards. There shall be a fifteen (15) foot setback along all dedicated street frontages which area shall be landscaped as indicated in subparagraph (e) above.

(8)

No mobile home or structure shall be located within five (5) feet of the side or rear line of a mobile home park boundary.

(9)

Refuse storage. All outdoor trash, garbage, and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of durable wood or comparable material. Such an area shall be so located as to be easily accessible for trash pickup. Type, texture, and color shall be approved by the Planning Commission.

(10)

Lighting. All lighting of the mobile home buildings, landscaping, parking lot, or similar facilities shall be so located and directed as to reflect away from adjoining properties.

(11)

Mechanical equipment. All ground mechanical equipment shall be completely screened behind a permanent structure, and all roof top mechanical equipment on permanent structures shall be placed behind a permanent parapet wall and be completely restricted from all view.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-123. - Mobile services.

(a)

The purpose for this section is to serve the need of the public for convenient and economical services to residents and business while guaranteeing the adequacy of the site for the use and the protection of surrounding properties.

(b)

Mobile services permitted.

(1)

For the purposes of this division, mobile services shall include specified commercial services that are rendered at residences or places of business, provided only in response to direct requests for such services. Mobile services shall be limited to those typically and customarily provided by stationary service businesses permitted in the commercial zones (not including the M-1 zone) of the City.

(2)

Mobile services shall not include services that create a nuisance to adjacent properties, such as but not limited to vibration, sound, electro-mechanical disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter, or violates the provisions of chapter 15 of this Code.

(3)

Mobile services involving the maintenance of stationary property fixtures shall be exempt from the provisions of this division, notwithstanding that such services must comply with the provisions of chapter 14 of this Code (licenses and business regulations). These services shall include, but are not limited to, gardeners, pool maintenance, and building contractors.

(4)

Mobile food vendors requiring a business license permit, as stated in section 14-161, shall be allowed only in commercial and manufacturing zones. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of two thousand five hundred (2,500) square feet or greater in area. Such operation shall comply with the provisions of chapter 14 of this Code (licenses and business regulations).

(5)

The Community Development Director shall be authorized to make determinations regarding the conformance of proposed mobile services with these stated criteria, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.

(c)

Standards for mobile services operation.

(1)

Mobile services provided at residences may be rendered only to the residents of the subject property. Mobile services provided at places of business may be rendered only to the owner or proprietor of the subject business, or to employees of the subject business with the consent of the owner or proprietor.

(2)

Mobile services may be provided only in response to direct request for such services, and may not be provided through "door-to-door" solicitation.

(3)

The total number of days that a service may be provided at a particular residence or place of business by a given mobile service operator shall be limited to a maximum of five (5) during any given 30-day period.

(4)

Mobile services may be rendered only between the hours of 8:00 a.m. and 9:00 p.m., except as prohibited by noise regulations contained in chapter 15 of this Code.

(5)

Mobile services shall be provided entirely within enclosed buildings, with the exceptions of the following services:

a.

Auto repair and services provided at single-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

b.

Auto repair and services provided at multiple-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

c.

Services provided at residential properties, provided it occurs within a commercial service vehicle designed for the particular service provided.

(6)

Licenses and permits as required in chapter 14 of this Code (licenses and business regulations) must be obtained by operators of mobile services.

(7)

The Community Development Director shall be authorized to make exceptions to these standards, based on extraordinary circumstances, provided that negative impacts are not created, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-124. - Temporary leasing centers, modular trailers and model homes.

Notwithstanding any other provisions of this chapter, after a tentative subdivision map or precise plan has been approved, a model home marketing complex may be constructed within the area covered by the tentative subdivision map if all the conditions of this section are complied with.

(a)

The owner or developer of land within a subdivision who desires to construct a model home marketing complex therein shall file the following with the Community Development Director or their designee:

(1)

The model home marketing complex site plan (which must be a typical representation of the proposed development), including plot plans showing the proposed location and elevation of all models and of all other structures proposed to be built, the location of roads, walks, parking areas and other improvements within the complex and landscaping plans.

(2)

An "Agreement and Consent to Judgment" signed and acknowledged by both the owner and the developer guaranteeing that all land and improvements constructed as part of the model home complex shall conform to the final subdivision map, zoning and improvement plans, or guaranteeing that if the final subdivision map is not recorded within eighteen (18) months from the date of the agreement or any authorized extension thereof, all of the improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The form of the agreement shall be approved by the City Attorney before it is filed.

(3)

The legal description of the area including each individual lot within the subdivision upon which the model home marketing complex is to be constructed.

(b)

The Community Development Director or their designee shall review the plot plans of a proposed model home marketing complex and may either approve, amend, or disapprove the plot plans.

(c)

Any applicant dissatisfied with the action of the Community Development Director or their designee may appeal in the manner and within the time specified in section 26-193.

(d)

After the plot plans have been approved by the Community Development Director or their designee, the owner or developer may apply to the building official for the necessary permits required for the construction of the model home marketing complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the building code, together with the payment of the prescribed fees, shall be required.

(e)

Plans and specifications shall be submitted to the City Engineer for the construction of necessary streets, curb, gutters and paving to serve the model home complex and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the City Engineer prior to issuance of building permits. Final street construction may be deferred until such time as the model home complex is no longer in use provided a bond, in an amount approved by the City Engineer, guaranteeing final street construction, is posted.

(f)

The owner or developer shall also construct on the model home complex site suitable and adequate toilets and washing facilities for public use. The plans and specifications for such facilities and their location shall be approved by the building official prior to construction. The facilities shall be permanently maintained in a clean and sanitary manner to the satisfaction of the health department.

(g)

A model home marketing complex may be constructed in a Planned Residential Development overlay zone or in a planned community development zone for which no tentative subdivision map is required if the owner or developer complies with all the conditions of this division with the following exceptions:

(1)

Reference to the approved tentative subdivision map shall mean the approved development plan for the planned residential development or the planned community development, whichever is applicable.

(2)

Reference to the removal of improvements if a final subdivision map is not recorded shall refer to a notice to remove improvements issued by the Community Development Director or their designee of the City for noncompliance with master plan requirements or with development plan requirements. Removal of improvements may be required within eighteen (18) months of the date of the approval of the development plan unless an extension of time is approved by the Planning Commission.

(h)

No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the Community Development Director or their designee and City Engineer have certified that all the requirements of this chapter which are applicable to the unit have been met and the building official has finally certified that all building code requirements have been met.

(i)

A fee as established by a resolution of the City Council is required for the application and review of the plot plans for a model home complex. Building permit and engineering fees required by other provisions of this Code shall be paid.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-125. - Outdoor dining.

(a)

Outdoor dining and seating areas may be permitted for approved restaurant or other similar uses subject to the following standards:

(1)

New outdoor dining facilities shall be subject to an administrative permit as per article VI division 6 administrative permit.

(2)

Minor modifications of existing outdoor dining facilities shall be subject to the provisions of article VI division 7 minor modifications.

(3)

Outdoor dining areas located on public walkways shall be limited to commercial areas within the plaza area and which provide meal service, specialty food service or full menu food services.

(4)

Outdoor dining areas located on City owned properties shall require a separate encroachment permit issued by the engineering division and/or a lease agreement with the City that includes indemnification of the City.

(5)

Dining areas adjacent to storefronts shall not be permitted in areas where less than an eight (8) foot minimum sidewalk width exists, unless additional or lesser public walkway is approved by the Community Development Director or their designee. The dining area must permit at least four (4) feet of unobstructed area of public walkway.

(6)

The outdoor dining area shall be located in a manner which will not obstruct pedestrian or vehicular line of sight, interfere with vehicular or pedestrian mobility, or impede access to City or public utilities or facilities. The determination of whether an outdoor dining area, or any part thereof, interferes shall be made by the Community Development Director or their designee at the time of application based on the characteristics of each proposed site.

(7)

All fire department regulations and standards concerning exterior lighting and power must be met. These regulations and standards will be supplied at the time of application.

(8)

Any permanent supports for shade structures, such as solar sails shall obtain the appropriate building permit and fire department approval for use of the solar sails. For purposes of lot covered, solar sails shall not be considered towards lot coverage.

(9)

The outdoor dining area shall only be located directly adjacent to the business that it serves. The outdoor dining area shall not encroach into the front of adjacent tenant spaces.

(b)

Operating requirements and restrictions.

(1)

Tables and other outdoor dining components shall be located on the same site as the restaurant, within private property.

(2)

Outdoor dining areas are limited to the serving and consumption of food and non-alcoholic beverages. An approval to serve alcoholic beverages within the outdoor dining shall comply with the standards established by the state department of alcohol beverage control and shall require a permit as specified in article II, division 2.

(3)

Displaying merchandise within the outdoor dining area is prohibited.

(4)

Any proposed furnishings associated with the outdoor dining areas shall not obstruct or restrict the lines of sight of vehicles.

(5)

Applicants requesting outdoor dining areas exceeding twenty-five (25) percent of the restaurant's gross floor area shall provide evidence of sufficient parking onsite or provide a parking study analyzing on-site parking impacts that is prepared by a licensed civil or traffic engineer.

(6)

Components associated with the outdoor dining areas shall be arranged in a manner that is compliance with all local, state, and federal laws, including but not limited to, the Americans with Disability Act.

(7)

Access to entrances and exits, fire hydrants and fire lanes shall not be obstructed.

(8)

The use of amplified music including live entertainment within outdoor dining areas shall require live entertainment approval pursuant to article II, division 2.

(9)

Lighting shall be incorporated into the façade of the building and shall complement the style of the building. Lights on buildings shall not be glaring at pedestrian or vehicular traffic and should illuminate only the outdoor dining area.

(10)

Heating sources are not permitted for outdoor areas when underneath an awning canopy or other temporary or permanent structure.

a.

Any temporary shade structures such as canopies, etc. shall obtain a temporary use permit from the planning division.

(11)

The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner.

(12)

If table service is not offered, then outdoor dining area must contain waste receptacles for use by the public and employees.

(13)

All moveable furniture shall be stored indoors during hours of non-operation or shall be secured to the satisfaction of the City.

(c)

Design standards.

(1)

The outdoor dining area may be defined by placement of fencing or other suitable dividers as required or approved by the Community Development Director or their designee and shall be in keeping with the aesthetic and architectural character of the building.

(2)

Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures.

(3)

The outdoor dining area shall be defined by placement of portable but sturdy fencing or other suitable dividers such as planter boxes, as required or approved by the Community Development Director or their designee and shall be in be compatible with the business's exterior aesthetic features. All fences and/or dividers shall be of durable material, fire safe, structurally sound, aesthetically pleasing, and compatible with adjoining improvements or structures.

(d)

Any modification to public surfaces, such as borings for recessed sleeves or post holes must be approved in advance by the Community Development Director or their designee. A cash deposit or bond, posted in a form acceptable to the City Attorney's office, in the amount of one thousand dollars ($1,000.00) and shall be posted by the permittee to ensure proper site restoration.

(e)

Parking requirements for outdoor dining shall be consistent with the provisions of article III, division 6.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)