6390ORDINANCE NO. 6390
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 3.32.090 OF CHAPTER 3.32
OF TITLE 3 (BUSINESS LICENSES) AND VARIOUS
SECTIONS OF TITLE 18 (ZONING) OF THE
ANAHEIM MUNICIPAL CODE RELATING TO THE
LICENSING, SITING AND OPERATION OF
MASSAGE ESTABLISHMENTS AND FINDING
AND DETERMINING THAT THIS ORDINANCE IS
NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTIONS 15060(C)(2) AND
15060(C)(3) OF THE STATE CEQA GUIDELINES,
BECAUSE IT WILL NOT RESULT IN A DIRECT OR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT AND
IS NOT A PROJECT, AS DEFINED IN SECTION
15378 OF THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT 2016-00135)
WHEREAS, pursuant to the will of the electorate, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines, because
it will not result in a direct or reasonably foreseeable indirect physical change in the environment
and is not a "project," as that term is defined in Section 15378 of the State CEQA Guidelines;
and
WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the
California Massage Therapy Council, a state -organized nonprofit organization with regulatory
authority over the certification of massage technicians and practitioners throughout the State of
California; and
1
WHEREAS, Senate Bill 731 also limited the City's regulatory authority over massage
establishments that exclusively hire State -certified massage technicians, preempting most local
licensure and permitting requirements and land use regulations; and
WHEREAS, the City amended the Anaheim Municipal Code ("AMC") to comply with
the regulations set forth in Senate Bill 731; and
WHEREAS, Senate Bill 731 has been widely criticized by local agencies as providing
massage businesses with almost unprecedented protection from local zoning and land use
authority, and interfering with local law enforcement efforts to close massage businesses that
allow prostitution and other illegal activities; and
WHEREAS, prior to the passage of Senate Bill 731, there were approximately 10
massage establishments operating in the City. Following the passage of Senate Bill 731, a total
of 68 massage establishments have now located in the City; and
WHEREAS, the increased number of massage establishments that have located in the
City have resulted in an increase of police and code enforcement calls and services to many of
those massage establishments. Some of those establishments are suspected of allowing sexually
explicit activity to occur on the premises, including prostitution; and
WHEREAS, during City inspections of existing massage establishments, City inspectors
have found violations including illegal tenant improvements to create massage rooms, including
plumbing for table showers; unauthorized massage technicians and personnel; violations of
employment and labor laws, including establishments' failure to secure worker's compensation
insurance; unsanitary facility conditions, including unwashed sheets, trash, and used
contraceptive devices; massage technicians dressed inappropriately, including the exposure of
specified anatomical parts; establishments operating beyond approved hours of operation;
persons using the establishments as a residence; installation of illegal signage; and employees
refusing to allow City inspections of the establishments; and
WHEREAS, the violations noted above are harmful for the establishment patrons,
employees, and the public generally as they require additional enforcement hours by code
enforcement and police officers; and
WHEREAS, there is evidence in other jurisdictions that massage establishments serve as
fronts for prostitution or human sex trafficking. The potential for criminal and unsafe activity at
massage establishments is particularly concerning given that some massage establishments in the
City are located within proximity to places where families congregate, such as restaurants and
shopping areas; and
WHEREAS, law enforcement action in other jurisdictions to investigate and identify
such criminal activity at massage parlors has, in many cases, exposed criminal activity occurring
outside normal business hours; and
2
WHEREAS, increased visibility into storefronts creates a sense of safety for customers
and passersby, encourages transparent business operations, and better enables code enforcement
and policing efforts, while decreased visibility into storefronts may serve as a cover for criminal
or unsafe activity described above; and
WHEREAS, evidence from other jurisdictions, as well as experience in the City has
shown that there is a higher probability for illicit activities and negative secondary effects
resulting from massage establishments, including prostitution and human trafficking, when
multiple establishments are located in the same shopping center or in close proximity to each
other. Such proximity have been shown to attract massage establishments, operators, and
massage technicians that are more likely to violate the law and engage in illicit activities.
Moreover, the City has an interest in supporting and encouraging a diversity and mix of
commercial uses in a given shopping center or area; and
WHEREAS, motels have been shown to attract and enable criminal and unsafe activity
similar to that described above, including prostitution. Thus operation of a massage
establishment within a motel would augment the potential for such criminal or unsafe activity;
and
WHEREAS, mobile massage operations (i.e., massage operations with mobile units or
that make house calls) attract the criminal and unsafe activity described above, but also present
greater hindrances to consumer protection and code enforcement due to the transient nature of
the business and operation of the business in customers' homes and/or places of business; and
WHEREAS, individuals convicted in the last 10 years of criminal activity similar in
nature as described above have, by virtue of the conviction, demonstrated an inability to garner
the confidence necessary from the City and the community to operate a massage establishment in
a manner that conforms to the law and contributes to the economy; and
WHEREAS, code enforcement and policing efforts in other jurisdictions have found that
illegal massage operations that are shut down are often replaced by similar illegal massage
operations in the same location. There are significant adverse impacts from allowing illegal
massage operations to remain at a given site. Impacts include decreased consumer confidence in
the legal operation of future massage establishments at the site, decreased consumer confidence
in the neighboring businesses, and confusion among customers regarding any connection
between the closed illegal operation and a new legal operation, and detrimental effects on all
surrounding businesses; and
WHEREAS, the illicit and illegal activities detailed in the above recitals at massage
establishments in the City pose health and safety threats to the establishments, its operators,
employees, patrons, surrounding businesses, and the public; and
WHEREAS, Assembly Bill 1147 was created in response to criticism against Senate Bill
731 and allows local agencies to impose reasonable zoning, business licensing, and health and
safety requirements on massage establishments. Assembly Bill 1147 went into effect on January
1, 2015; and
3
WHEREAS, the City wishes to amend the Anaheim Municipal Code to ensure that the
City regulates massage establishments in compliance with the provisions of Assembly Bill 1147;
and
WHEREAS, the City is also authorized by Government Code Section 51030 et seq., to
regulate massage establishments by imposing reasonable standards relative to the skill and
experience of massage operators and massage technicians, and reasonable conditions on the
operation of the massage establishments; and
WHEREAS, the public peace, health, safety, and welfare require revisions to AMC
ordinances relating to massage establishments and massage technicians to ensure that nuisance
activities occurring at massage establishments in the City are properly regulated and cease; and
WHEREAS, the fees required by the ordinance have been studied and generated in
conformance with the California Mitigation Fee Act (Cal. Gov't Code §§ 66000 et seq.); and
WHEREAS, the Planning Commission conducted a public hearing on the proposed
Zoning Code Amendment 2016-00135 at a regular meeting on November 7, 2016, in accordance
with AMC Section 18.76.050, and recommended that the City Council approve Zoning Code
Amendment 2016-00135 and adopt this Ordinance; and
WHEREAS, the City Council conducted a public hearing on the proposed Zoning Code
Amendment 2016-00135 at a regular meeting on November 22, 2016; and
WHEREAS, the City Council determines that this ordinance is a valid exercise of the
local police power and in accordance with the public purposes and provisions of applicable State
and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
The Anaheim City Council hereby finds and determines that the above recitals are true
and correct and incorporated herein.
SECTION 2.
Section 3.32.090 (Massage Establishment and Massage Operators) of Chapter 3.32
(Miscellaneous Business Activities) of Title 3 (Business Licenses) of the Anaheim Municipal
Code be, and the same is hereby, amended and restated to read in full as follows:
3.32.090 MASSAGE ESTABLISHMENTS AND MASSAGE OPERATORS.
Every person who operates or maintains a massage establishment for which a
massage establishment operator's permit is required pursuant to Chapter 18.16 of
0
this Code, and every person who engages in the business of providing,
conducting, administering or carrying on any kind or character of massage (other
than as the employee of a massage establishment for which a massage
establishment operator's permit is required pursuant to Chapter 18.16 of this
Code), shall pay an annual business license fee of three hundred dollars ($300).
This section shall not apply to those persons who are otherwise exempt from the
permit requirements set forth in Chapter 18.16 of this Code.
q-PCTT(1N I
Section 18.16.070 (Massage Establishments) of Chapter 18.16 (Regulatory Permits) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and
restated to read in full as follows:
18.16.070 MASSAGE ESTABLISHMENTS.
.010 Purpose and Intent.
It is the purpose and intent of this section to provide for the orderly regulation of
massage establishments and their massage technicians and employees in the City.
.020 Operator's Permit Required.
No person shall operate a massage establishment within the City without first
obtaining an operator's permit pursuant to Sections 18.16.070.030 and
18.16.070.040 of this chapter. The operator's permit required by this section shall
be in addition to any business license required by this Code. Mobile massage
operations are not permitted within the City. All massage activities must occur
within a massage establishment, as permitted by this section. Massage
establishments are prohibited within Motels, as defined in Section 18.92.160,
except as permitted in Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1
(SP 92-1) Zoning and Development Standards), Chapter 18.116 (Anaheim Resort
Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) and
Chapter 18.118 (Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zoning and
Development Standards).
030 Application for Operator's Permit.
Any person desiring an operator's permit for a massage establishment shall file a
written application on the required form with the Planning Director (or his or her
authorized representative so designated to carry out responsibilities under this
section), who shall refer all such applications to the Chief of Police who shall
conduct an investigation. The application shall be accompanied by the
appropriate filing fee established by resolution of the City Council. The
application shall be completed and signed by the owner of the proposed massage
establishment, if a sole proprietorship; one general partner, if the owner is a
E
partnership; one officer or one director, if the owner is a corporation; one
participant, if the owner is a joint venture; the managing member or one member
duly authorized by all necessary action of the members, if the owner is a limited
liability company; the duly authorized and empowered officer, if the owner is any
other type of legal entity. The application for permit does not authorize operation
of a massage establishment unless and until such operator's permit has been
approved as provided in Section 18.16.070.040 of this section. The application
shall be deemed complete if it contains or is accompanied by the information
required, as identified below and in the application approved by the Planning
Director (or his or her authorized representative so designated to carry out
responsibilities under this section).
.0301 In all cases where the owner is not a sole proprietor, the applicant
shall designate one of its officers, general partners or members, as the case may
be, to act as its responsible managing officer for purposes of operating the
massage establishment and acting as the authorized representative of the owner.
The owner or the owner's designated responsible managing officer shall complete
and sign all application forms required under this section, but only one application
fee shall be charged. Such responsible managing officer must at all times meet all
of the requirements set forth in this section, or the operator's permit shall be
suspended until a responsible managing officer who meets all such requirements
is designated. If no such person is named within ninety (90) days, the operator's
permit shall be deemed canceled and a new application for an operator's permit,
accompanied with the appropriate filing fee, must be filed. The managing officer
may be different from the "Responsible Employee" of the massage establishment,
as defined in Section 18.92.210 of this Title. The operator's permit shall be issued
only to and in the name of the owner of the massage establishment, who shall be
responsible for all requirements of this section.
.0302 The present or proposed address where the business is to be
conducted.
.0303 The type of ownership of the business (i.e., sole proprietorship,
partnership, corporation, limited liability company, etc.).
.0304 The exact name, including any fictitious name, if applicable, under
which the business is to be operated.
.0305 A detailed description of all services to be provided at the massage
establishment. If the list of services required to be posted pursuant to Section
18.16.070.080.0801.03 of this chapter is to be in any language other than English,
such list must accompany the application for the operator's permit. Any changes
to such list after the issuance of the operator's permit must be submitted to the
Planning Director within ten (10) days after such changes are made.
2
.0306 If applicable, a copy of the California Massage Therapy Council
("CAMTC") certificate and photo identification issued to the Applicant by the
California Massage Therapy Council pursuant to Section 4600 et seq. of the
California Business and Professions Code. If applicable, the expiration date of the
CAMTC certificate must be indicated.
.0307 A complete list of the names, including any pseudonym(s), alias(es),
alternate name(s), or nickname(s), and residential addresses of all massage
technicians, employees, attendants and persons employed as a salaried or contract
employee or retained as an independent contractor on a regular or temporary basis
by the owner of a massage establishment in consideration for direct or indirect
monetary wages, remuneration or profit, or any person who volunteers his or her
services to or for such a person; the name and residential address of the
Responsible Employee principally in charge of the operation of the business; and
the names and residential addresses of all principals of the business.
.0308 A copy of the CAMTC certificate and photo identification issued by
the California Massage Therapy Council pursuant to Section 4600 et seq. of the
California Business and Professions Code for each person or employee of the
Massage Establishment that will provide massage services. If applicable, the
expiration date of the CAMTC certificate held by each person or employee of the
Massage Establishment that will provide massage services must be indicated.
.0309 The name and address of the record owner of the real property upon
or in which the massage establishment is to be conducted. If the applicant does
not own the lot or parcel on which the massage establishment will operate, the
owner shall consent to the filing of the application by signing and dating the
application, and the applicant shall provide a certified copy of the lease or rental
agreement.
.0310 A sketch or diagram showing the complete interior configuration of
the business, including without limitation the location of the restrooms, massage
rooms, customer areas, employee -only designated areas, and any massage
establishment requirements as identified in Section 18.16.080.0801. The sketch or
diagram need not be professionally prepared, but it must be drawn to a designated
scale, with marked dimensions of the interior of the premises to an accuracy of
plus or minus twelve inches.
.0311 Written authorization for the City, its agents, and employees to seek
verification of the information contained in the application.
.0312 If the applicant is an individual, he/she shall sign the application
under penalty of perjury that all the information contained in the application is
true and correct. If the applicant is other than an individual, the responsible
managing officer shall sign the application under penalty of perjury that all the
information contained in the application is true and correct.
7
.0313 A signed notarized statement that the Responsible Employee shall
be responsible for the conduct of all employees, massage technicians, attendants
and persons employed as a salaried or contract employee or retained as an
independent contractor working on the premises of the massage establishment or
any person who volunteers his or her services and that failure to comply with
California Business and Professions Code Section 4600 et seq., with any local,
state, or federal law, or with the provisions of this chapter may result in the
revocation of the City -issued permit.
.0314 Such other identification and information as may be necessary and
required by the City in its sole discretion to verify the truth of the matters
hereinabove specified as required to be set forth in the application.
.0315 If, during the term of a permit, any of the information submitted on
the original or renewal application changes, the operator or Responsible
Employee shall notify the Planning Director of such change within ten (10)
business days thereafter, in writing.
.0316 For any massage establishment in operation prior to January 19,
2017, a new written application for an operator's permit for a massage
establishment required by section 18.16.070.030, above, shall be filed with the
City and deemed complete pursuant to section 18.16.070.030 not later than July
20, 2017.
.0317 The following additional information concerning the applicant shall
also be provided:
.01 The full name, date of birth, current residential address,
business address, and telephone numbers.
.02 Acceptable proof that the applicant is at least eighteen (18)
years of age.
.03 California driver's license number or California identification
number, and social security number or resident alien number, if any.
.04 Any other names, including any pseudonyms, aliases, alternate
names, or nicknames, used within five years of the date of filing the application.
.05 Height, weight, color of hair and eyes, and gender.
.06 The applicant's complete business, occupation and
employment history for five (5) years preceding the date of application, including,
but not limited to, the massage or similar business history and experience of the
applicant.
.07 The complete permit history of the applicant including, but not
limited to massage or similar business; whether such person has ever had any
permit or license issued by any agency, board, city, county, territory or state; the
date of issuance of such a permit or license; whether the permit or license was
denied, revoked or suspended; or whether a vocational or professional license or
permit was denied, revoked or suspended, and the reason(s) therefor.
.08 All criminal convictions, including pleas of nolo contendere,
within the ten (10) year period preceding the date of application, including those
dismissed or expunged pursuant to California Penal Code Section 1203.4, but
excluding minor traffic violations, and the date and place of each such conviction
and reason and sentence therefor.
.09 Whether the applicant has ever been convicted of any crime
specified in California Government Code Section 51032.
.10 A complete set of fingerprints taken by the Police Department.
.11 The name and address of any massage business or other
establishment currently owned or operated by the applicant wherein the business
of massage is conducted.
035 Right to Privacy.
Notwithstanding the fact that an application filed hereunder may be a public
record under Government Code Section 6250 et seq., certain portions of such
application contain information vital to the effective administration and
enforcement of the licensing scheme established herein which is personal, private,
confidential, or the disclosure of which could expose the applicant to a risk of
harm. Such information includes, but is not limited to, the applicant's residence
address and telephone number, the applicant's date of birth and/or age, the
applicant's driver's license and/or Social Security number, and/or personal
financial data. The City Council, in adopting the application and licensing system
set forth herein, has determined in accordance with California Government Code
Section 6255 that the public interest in disclosure of the information set forth
above is outweighed by the public interest in achieving compliance with this
chapter by ensuring that the applicant's privacy, confidentiality, or security
interests are protected. The Planning Director (or his or her authorized
representative so designated to carry out responsibilities under this section) shall
cause to be obliterated from any copy of a completed license application made
available to any member of the public, the information set forth above.
//
9
040 Operator's Permit Issuance and Denial.
Upon receipt of a written application for a permit, the Chief of Police shall
conduct an investigation to ascertain whether such permit should be issued as
requested. The Chief of Police shall, within thirty (30) business days of receipt of
an application, provide a recommendation to the Planning Director to approve or
deny the application. The Chief of Police shall recommend approval of the
application unless the Chief of Police makes any of the following findings:
.0401 The applicant, if an individual, or any of the officers or directors of
the corporation, if the applicant is a corporation; or a general partner, if the
applicant is a partnership, or the managing member or one member duly
authorized by all necessary action of the members, if the owner is a limited
liability company; or the duly authorized and empowered officer, if the owner is
any other type of legal entity; or any person proposed to be or is employed in the
massage establishment, has, within ten (10) years preceding the date of the
application, either:
.01 Been convicted of a violation of California Penal Code
Sections 236.1(a), 236.1(b), 236.1(c)(2), 186.10(a), 186.10(b), 266h, 2661, 314,
315, 316, 318, Subsections (a) or (b) of Penal Code Section 647 or any other
provision of law pursuant to which a person is required to register under the
provisions of California Penal Code Section 290, or when the prosecution
accepted a plea of guilty or nolo contendere to a charge of a violation of
California Penal Code Section 415 or any lesser included or lesser related offense,
in satisfaction of, or as a substitute for, any of the previously listed crimes;
.02 Been convicted of a violation of California Health and Safety
Code Section 11550 or any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health and Safety
Code Sections 11054, 11055, 11056, 11057 or 11058;
.03 Been convicted of any offense in any other state which is the
equivalent of any of the above-mentioned offenses;
.04 Engaged in conduct in another jurisdiction which, if it had
occurred within the City, would constitute grounds for denial, suspension or
revocation of an operator's permit under this section;
.05 Been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to Sections 11225 through
11235 of the California Penal Code, or any similar provisions of law in a
jurisdiction outside the State of California;
.06 Engaged in conduct which would constitute an offense as
described in subparagraph .01 above;
10
.07 Committed an act in another jurisdiction which, if committed
in this state, would have been a violation of law and, which, if done by a
permittee under this section, would be grounds for denial, suspension or
revocation of the permit;
.08 Been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the
qualifications, functions or duties of the operator;
.09 Had a massage operator permit, massage technician permit,
CAMTC certificate or other similar license or permit denied, suspended or
revoked for cause by a licensing authority or by any city, county, city and county
or state.
10 Employed or used massage technicians without valid CAMTC
certificates.
.0402 The applicant has made a false, misleading or fraudulent statement
or omission of fact to the City in the permit application process.
.0403 The application does not contain all of the information required by
Section 18.16.070.030.
.0404 The massage establishment, as proposed by the applicant, does not
comply with all applicable laws, including, but not limited to, health, zoning, fire
and safety requirements and standards.
.0405 The applicant has not satisfied the requirements of this Section
18.16.070 in the time specified.
.0406 If the application is denied due to a false, misleading or fraudulent
statement in the application, the applicant may not reapply for a period of sem)
twenty-four (24) months from the date the application was denied.
050 Massage Establishment Operating Requirements.
Each operator and Responsible Employee of any Massage Establishment shall
comply with the following requirements:
.0501 Except to the extent required, in writing, by a state licensed medical
practitioner, no massage technician or employee shall massage the genitals,
gluteal fold, or anal area, of any patron or the breast(s) of any female patron, nor
shall any operator or Responsible Employee of a massage establishment allow or
permit such massage. No massage operator or designated Responsible Employee
while performing any task or service associated with the massage massage
11
establishment, shall be present in any room with another person unless the
person's genitals, gluteal fold, anus, or in the case of a female, her breast(s), are
fully covered.
.0502 Under no circumstances shall any owner, operator, Responsible
Employee, manager, licensee, massage technician, employee, attendant or
independent contractor expose any specified anatomical parts, as defined by
Section 18.54.020, to another person or persons while at the massage
establishment.
.0503 Under no circumstances shall any specified sexual activities, as
defined by Section 18.54.020, take place at any time at the massage
establishment.
.0504 No massage establishment employing a massage technician shall be
equipped with tinted or one-way glass in any room or office.
.0505 There shall be no display, storage, or use of any instruments,
devices, or paraphernalia which are designed for use in connection with specified
sexual activities, as defined by Section 18.54.020, including, but not limited to, all
sex -oriented material and merchandise as defined by Section 18.54.020 (I) and
(J)
.0506 No person granted a permit pursuant to this section shall use any
name or conduct business under any designation not specified in his or her permit.
.0507 All massage establishments required to be licensed under this
section shall have a Responsible Employee on the premises at all times the
massage establishment is open. The operator of each massage establishment shall
file a statement with the Planning Director designating the person or persons with
power to act as a Responsible Employee. The operator and/or on -duty
Responsible Employee shall post, on a daily basis, the name of each on duty
Responsible Employee and each on duty technician in a conspicuous public place
in the lobby of the massage establishment. The operator, or the Responsible
Employee in the operator's absence, shall be responsible for ensuring compliance
with this section.
.0508 No establishment shall be open for business without having a valid
operator's permit and at least one on -duty massage technician holding a current
valid CAMTC certificate at all times when said establishment is open.
.0509 The operator and/or designated Responsible Employee shall ensure
that the massage establishment permit and the CAMTC certificate for each on -
duty massage technician, alongside a color copy of the corresponding technician's
photograph, is conspicuously displayed in a public place in the lobby and that
each massage technician is wearing or has on his or her person the photo
12
identification card required by Section 18.16.070.070.0703 or issued by the
California Massage Therapy Council at all times when in the massage
establishment. Such identification shall be provided to City regulatory officials
upon demand.
.0510 An operator and/or on -duty Responsible Employee shall be
responsible for the conduct of all massage technicians, employees, attendants and
persons employed as a salaried or contract employee or retained as an
independent contractor, or any person who volunteers his or her services while
they are on the licensed premises. All persons found working in the massage
establishment shall be considered employees of the operator, including
independent contractors and unpaid volunteers. Any act or omission of any
employee constituting a violation of the provisions of this chapter shall be deemed
the act or omission of the operator for purposes of determining whether the
operator's permit shall be revoked, suspended, denied or renewed.
.0511 No operator or Responsible Employee shall employ any person as a
massage technician who does not have a valid CAMTC certificate. Every
operator or Responsible Employee shall report to the Planning Director any
change of employees, whether by new or renewed employment, discharge or
termination, on the form and in the manner required by the Planning Director (or
his or her authorized representative so designated to carry out responsibilities
under this section). The report shall contain the name of the employee and the
date of hire or termination. The report shall be made within five (5) days of the
date of hire or termination. The operator shall deliver the permit and photo
identification card issued pursuant to this section of any massage technician no
longer employed by the operator to the Planning Director within five (5) days. If
the new employee is a massage technician, the operator shall deliver a copy of the
new technician's photo identification card and CAMTC certificate to the Planning
Director (or his or her authorized representative so designated to carry out
responsibilities under this section) within five (5) business days.
.0512 All persons working in the massage establishment, including
independent contractors and unpaid volunteers, shall be fully clothed at all times.
Clothing shall be of a fully opaque, non -transparent material, and shall provide
complete covering from mid-thigh to three (3) inches below the collar bone.
.0513 The operator and/or on duty Responsible Employee shall maintain a
register of all employees, showing the name, nicknames and aliases used by the
employee, home address, age, birth date, gender, height, weight, color of hair and
eyes, telephone numbers, social security number, date of employment and
termination, if any, and duties of each employee. The above information on each
employee shall be maintained in the register on the premises for a period of two
(2) years following termination. The operator and/or Responsible Employee on
duty shall make the register of employees available immediately for inspection by
13
the City's Police Department and Code Enforcement Division upon demand of a
representative of the police department at all reasonable times.
.0514 No massage establishment may be located within a radius of 500
feet of another massage establishment, as measured in a straight line, from the
nearest point of the premises where said massage establishment is conducted to
the nearest property line of any lot or legal parcel upon which a massage
establishment is proposed to be located. If two or more massage establishments
are located within 500 feet of each other on January 19, 2017, the massage
establishment first established and continuously and lawfully operating at such
location shall be deemed the use conforming to the locational requirement of this
paragraph .0514, and the later established use(s) shall be deemed nonconforming
to the locational requirement. No nonconforming massage establishment shall be
increased, enlarged, extended or altered in size or area. This minimum separation
requirement shall not apply to massage establishments located within the
boundaries of the Disneyland Resort Specific Plan No. 92-1, the Anaheim Resort
Specific Plan No. 92-2 or the Hotel Circle Specific Plan No. 93-1.
.0515 If a nonconforming massage establishment becomes vacant and
remains unoccupied for a continuous period of sixty (60) days or more, the
Planning Director (or his or her authorized representative so designated to carry
out responsibilities under this section) shall determine and notify the owner of the
massage establishment in writing that the nonconforming use has been
discontinued and the nonconforming use may not be renewed or reestablished.
.0516 The operator shall comply with all provisions of this chapter and
any applicable provisions of this Code.
060 Massage Technician Permit.
No person shall perform or administer a massage, or advertise to provide massage
services, in the City, unless such person has in effect a valid CAMTC certificate
prior to January 19, 2017.
.070 Massage Technician Requirements.
All massage technicians shall comply with the following conditions:
.0701 Except to the extent required, in writing by a state licensed medical
practitioner, no massage technician, massage technician aide, or employee shall
massage the genitals, gluteal fold, or anal area of any patron or the breast(s) of
any female patron. No massage technician, massage technician aide or employee,
while performing any task or service associated with the massage business, shall
be present in any room with another person unless the person's genitals, gluteal
fold, anus, or in the case of a female, her breast(s) are fully covered at all times.
14
.0702 No massage technician shall massage any patron unless the person's
genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully
covered at all times while the technician or other employee is present in the same
room as the patron.
.0703 The massage technician shall wear or have on his or her person a
photo identification card prepared and issued by the CAMTC, if applicable, at all
times when present in the massage establishment; such identification shall be
provided to City regulatory officials upon demand. The identification card shall
be worn on outer clothing with the photo side facing out. If a massage technician
holding a permit issued by CAMTC changes his or her business address, the
technician must obtain a CAMTC certification prior to offering massage services.
.0704 Massage technicians shall not perform any massage at any location
other than the location specified on the permit.
.0705 While on duty, the massage technician shall not use any name other
than that specified on the photo identification card required by Section
18.16.070.070.0703 or issued by the California Massage Therapy Council.
.0706 Massage attendants shall be fully clothed at all times. Clothing shall
be of a fully opaque, non -transparent material and provide complete covering
from mid-thigh to three (3) inches below the collar bone. Additionally, massage
attendants shall not dress in the following manner while engaging in the practice
of massage or while visible to clients in a massage establishment:
.01 In attire that is transparent, see-through, or substantially
exposes the massage technician's undergarments.
.02 In swim attire.
.03 In a manner that exposes the massage technician's specified
anatomical parts, as defined by Section 18.54.020.
.04 In a manner that constitutes a violation of Section 314 of the
California Penal Code.
.05 In a manner that is otherwise deemed by CAMTC to constitute
unprofessional attire based on the custom and practice of the profession in
California.
.0707 The massage technician consents to the inspection of the massage
establishment by the City's Code Enforcement Division, Building and Safety
Division, Fire Department and Police Department, the Health Department, and
any other regulatory or governmental agency with regulatory oversight related to
massage technicians, massage establishments, or any aspects of the premises or
15
business, for the purpose of determining that the provisions of this chapter or
other applicable laws or regulations are met. The massage technician consents to
the inspection of the occupied massage rooms by the Police Department for the
purpose of determining that the provisions of this chapter are met upon
occurrence of any of the conditions described in Section 18.16.070.080.0802.14
which would require the posting of the Notice to All Patrons.
.0708 No massage technician shall advertise services that would
constitute a violation of any requirements of this chapter.
.080 Requirements of Operation.
.0801 Facilities.
.01 Windows. The storefront windows of the massage
establishment shall be transparent to provide clear visibility into the reception
area of the unit. The windows shall not be obscured by curtains, blinds, tint, or
other temporary devices during operating hours.
.02 Signs. All exterior signs identifying the premises as a massage
establishment shall comply with the sign requirements of the City. Each operator
and/or on duty Responsible Employee shall display the operator's permit in a
conspicuous public place in the lobby of the massage establishment. The hours of
operation must be posted in the front window and clearly visible from the outside.
The operator and/or on duty Responsible Employee must also post, on a daily
basis in a conspicuous public place in the lobby, the name of the operator and/or
on duty Responsible Employee as well as all on -duty massage technicians
.03 Services List. Each operator shall post and maintain a list of
services available and the cost of such services in a conspicuous public place
within the premises. No operator or Responsible Employee shall permit, and no
massage technician shall offer or perform, any service other than those posted.
No services that would constitute a violation of this Chapter or any other law shall
be posted.
.04 Lighting. Each operator shall provide in each room where
massage is given sufficient lighting and ventilation that complies with the
Unifonn Building Code. The lighting in each massage room shall be at least one
(1) forty (40) watt white light bulb and shall be activated at all times while the
patron is in such room or enclosure. No strobe flashing lights shall be used. No
colored lights shall be used nor shall any coverings be used which change the
color of the primary light source.
.05 Restroom Facilities. A minimum of one (1) toilet and one (1)
separate wash basin shall be provided for patrons in each massage establishment,
which basin shall provide soap and hot running water at all times and shall be
located within close proximity to the area devoted to the performing of massage
IMI
services. A permanently installed soap dispenser, filled with soap, and a single
service towel dispenser shall be provided at the restroom handwash sink. No bar
soap shall be used. A trash receptacle shall be provided in each restroom. No
bathtubs shall be allowed.
.06 Separate Rooms. If male and female patrons are to be treated
simultaneously at the same massage establishment, separate massage rooms shall
be provided for male and female patrons. Separate massage rooms shall be
provided for couples massage if offered at a massage establishment. Rooms
providing couples massage shall be separated from all other rooms and areas of
the massage establishment by an opaque door, such that no activities occurring
within a room offering couples massage are visible to other patrons of the
massage establishment.
.07 Maintenance. All facilities for the massage establishment must
be in good repair and shall be thoroughly cleaned and sanitized each day the
business is in operation. All walls, floors and ceilings of each restroom and
shower area shall be made smooth and easily cleanable. No carpeting shall be
installed in any of these areas.
.08 Massage Table or Chair. A massage table or chair shall be
provided in each massage room and the massage shall be performed on this
massage table or chair. The tables should have a minimum height of eighteen
inches (18"). Two inch (2") thick foam pads with a minimum width of two feet
(2) and a maximum width of four feet (4) may be used on a massage table and
must be covered with durable, washable plastic or other waterproof material.
Beds, floor mattresses and waterbeds are not permitted on the premises.
.09 If an establishment is proposing the use of table showers in the
massage establishment, the entire massage room where the table shower is located
shall be designed and built as a shower facility. The floor and walls shall be
designed and built to be waterproof per California Building Code requirements
and the room shall drain properly per the California Building Code.
0802 Operations.
.01 Equipment. Each operator and/or on duty Responsible
Employee shall provide and maintain on the premises adequate equipment for
disinfecting and sterilizing instruments used in massage.
.02 Inspections. The operator and/or on duty Responsible
Employee consents to the inspection of the massage establishment by the City's
Building and Safety Division, Code Enforcement Division, Fire Department and
Police Department and the County Health Department for the purpose of
determining that the provisions of this chapter or other applicable laws or
regulations are met.
17
(a) The City's Building and Safety Division, Code
Enforcement Division, Fire Department and Police Department and the County
Health Department may, from time to time, make unannounced inspections 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 Chief of Police. The Police
Department may inspect the occupied massage rooms for the purpose of
determining that the provisions of this section are met upon occurrence of any of
the conditions described in Section 18.16.070.080.0802.14 which would require
the posting of the Notice To All Patrons. During an inspection, the Police
Department may verify the identity of all on -duty employees.
(b) Inspections of the massage establishment shall be
conducted during business hours.
(c) A person who operates a massage establishment or his
or her agent, servant or employee commits a violation of this chapter if he or she
refuses to permit a lawful inspection of the premises by a representative of the
Building and Safety Division, Code Enforcement Division, Fire Department,
Police Department, Health Department, and any other regulatory or governmental
agency with regulatory oversight related to massage technicians, massage
establishments, or any aspects of the premises or business, at any time it is
occupied or open for business.
.03 Linen. Common use of towels or linen shall not be permitted.
Towels and linen 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. Only full-size bath towels or sheets shall be used in the massage process.
.04 Residing in Establishment Prohibited. No person or persons
shall be allowed to live, reside or dwell inside the massage establishment at any
time. No food of any kind shall be prepared for sale or sold in the establishment
unless an appropriate food vending permit is granted by the County of Orange.
.05 Alcoholic Beverages/Drugs. No person shall enter, be in, or
remain in, any part of a massage establishment licensed under this chapter while
in possession of, consuming, using or under the influence of, any alcoholic
beverage or controlled substance. The owner, operator and Responsible Employee
shall be responsible to ensure that no such person shall enter or remain upon the
massage establishment. Alcoholic beverages may not be sold, offered for sale,
served, furnished, kept, consumed, imbibed, or possessed on the premises.
.06 Recordings. No electrical, mechanical or artificial device shall
be used by the operator or any employee of the massage establishment for audio
and/or video recording or for monitoring the performance of a massage, or the
It,
conversation or other sounds in the massage rooms without the knowledge and
consent of the patron.
.07 Roster. The owner, operator or on -duty Responsible Employee
of the massage establishment shall keep a complete and current list of the names
and residence addresses of all massage technicians and employees of the massage
establishment and the name and residence addresses of the Responsible Employee
purported to be principally in charge of the operation of the massage
establishment. This roster shall be kept on the massage establishment premises
and be available for immediate inspection by officials charged with enforcement
of this section.
.08 Minimum age. No person shall give, or assist in giving, any
massage to any other person under the age of eighteen (18) years, unless the
parent or guardian of the minor person has consented thereto in writing.
.09 Record. Every massage establishment shall keep a written
record of the date and hour of each treatment administered, the name and
telephone number of each patron, the name of the massage technician
administering treatment, and the type of treatment administered, to be recorded on
a patron release form. Such written record shall be open to inspection by officials
charged with enforcement of this chapter, as authorized by law or court order.
Such records shall be kept on the premises of the massage establishment for a
period of two (2) years.
.10 Coverings. Each massage establishment shall provide to all
patrons clean, sanitary and opaque coverings capable of covering the patrons'
genitals, gluteal fold, anus and female breast(s). No common use of such
coverings shall be permitted and re -use is prohibited unless laundered or
otherwise sanitized between each use.
.11 Hours of operation. The owner must advise the City, in writing,
at the time of the application for a permit of the business hours and, thereafter, of
any changes in such hours. No person shall operate a massage establishment or
administer a massage in any massage establishment between the hours of 10:00
p.m. and 6:00 a.m. A massage begun any time before 10:00 p.m. must terminate
at or before 10:00 p.m. All customers, patrons and visitors shall be excluded from
the massage establishment during these hours and be advised of these hours. The
hours of operation must be displayed in a conspicuous public place in the lobby
within the massage establishment and in the front window clearly visible from the
outside.
.12 Advertising. No massage establishment granted a permit under
this chapter 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
19
available other than those services described in this chapter, nor shall any
massage establishment 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, or that services are available that would
constitute a violation of any laws.
.13 Doors. All front, reception, hallway or front exterior doors
(except back or rear exterior doors used for employee entrance to and exit from
the massage establishment) shall be kept unlocked during business hours. A
massage establishment may lock its exterior doors during business hours if the
establishment is owned by one individual with one or no employees. No massage
may be given within any cubicle, room, booth or any area within a massage
establishment which is fitted with a door capable of being locked, unless the only
door is an exterior door.
.14 Notices. The Planning Director may require that the following
notice be posted in the event that any employee of the massage establishment or
any person who has been aided and abetted by an employee of the massage
establishment has been found, after fall hearing by administrative proceeding or
court conviction, to have violated any of the provisions listed in Sections
18.16.070.40 and 18.16.070.070:
NOTICE TO ALL PATRONS
THIS MASSAGE ESTABLISHMENT AND THE MASSAGE
ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND
ARE SUBJECT TO INSPECTION BY THE ANAHEIM
POLICE DEPARTMENT, FIRE DEPARTMENT, BUILDING
AND SAFETY DIVISION AND CODE ENFORCEMENT
DIVISION WITHOUT PRIOR NOTICE.
(a) The notice set forth above shall be prepared and issued
by the Planning Director (or his or her authorized representative so designated to
carry out responsibilities under this section).
(b) The notices shall be conspicuously posted in a location
within the massage establishment that are easily visible to any person entering the
premises and in each massage room.
(c) The requirement for posting the notice described in this
Section is cumulative and in addition to all other civil and criminal remedies and
penalties set forth in this chapter, or in the ordinances, laws, rules or regulations
of the City of Anaheim, County of Orange and the State of California.
K11
090 Change of Business.
.0901 Every massage establishment owner shall report immediately to the
Planning Director any and all changes of ownership or management of the
massage establishment, including, but not limited to, changes of Responsible
Employee or other person principally in charge, stockholders holding more than
five percent (5%) of the stock of the corporation, officers and directors of the
corporation, interests in partnerships (including both general and limited
partners), limited liability company membership interests, as may be applicable to
the type of entity which is making the particular change in question, and all
changes of name, style or designation under which the massage establishment is
to be conducted, and all changes of address or telephone numbers of the massage
establishment. A change of location of any of the premises may be approved by
the Planning Director provided there is compliance with all applicable regulations
of the City.
.0902 No massage operator's permit may be sold, transferred or assigned
by a permittee, or by operation of law, to any other person or persons. Any such
sale, transfer or assignment, or attempted sale, transfer or assignment, shall be
deemed to constitute a voluntary surrender of such permit and such permit shall
thereafter be null and void; provided and excepting, however, that if the permittee
is a partnership or a limited liability company and one or more of the partners or
members, respectively, should die, one or more of the surviving partners or
members, as the case may be, may acquire, by purchase or otherwise, the interest
of the deceased partner (or partners) or member (or members), as the case may be,
without effecting a surrender or termination of such permit, and in such case, the
permit, upon notification to the Planning Director, shall be placed in the name of
the surviving partner (or partners) or member (or members), as the case may be. A
massage operator's permit issued to a corporation shall be deemed terminated and
void when five percent (5%) or more of the stock of the corporation is sold,
transferred or assigned after the issuance of a permit. A massage operator's permit
issued to an entity other than a partnership, limited liability company or
corporation shall be deemed terminated and void when five percent (5%) or more
of the voting rights or beneficial ownership rights and interests as may be
applicable to the entity is sold, transferred or assigned after the issuance of a
permit. No massage technician permit may be sold, transferred or assigned by a
permittee, or by operation of law, to any other person or persons.
.0903 If a massage establishment ceases operation due to any violation of
this chapter, no new massage establishment may be established at the same
location for twenty four (24) months from the date the massage establishment
ceases operating.
21
100 Exemption.
.1001 The requirements of this chapter shall have no application and no
effect upon, and shall not be construed as applying to, any persons designated as
follows:
.01 State licensed physicians, surgeons, chiropractors, physical
therapists, osteopaths, or any registered nurse working on the premises of, and
under the direct supervision of, a State licensed physician, surgeon, chiropractor
or osteopath. Practical nurses, licensed vocational nurses, acupuncturists or other
persons without qualifications as massage technicians and without first obtaining
a CAMTC certification, whether employed by physicians, surgeons, chiropractors
or osteopaths or not, may not give massage or massage procedures.
.02 Barbers, estheticians, and beauticians who are duly licensed
under the laws of the State of California while engaging in the practices within the
scope of their licenses, except that this exception shall apply solely to the
massaging of the neck, face, scalp, hands, feet and hair of the customer or client.
.03 Persons administering a chair massage as defined in this
chapter, provided that the Planning Director receives a letter from the property or
business owner of the location where the chair massage is to be administered
stating his/her/its knowledge and approval of the chair massage, the location
where the chair massage will take place, the dates and hours the chair massage
will be conducted, the identity of the person (s) administering the chair massage
and that only a recognized massage chair will be used.
.04 Accredited high schools, junior colleges, colleges, or
universities whose coaches and certified athletic trainers are acting within the
scope of their employment.
.05 Certified athletic trainers of amateur, semiprofessional or
professional athletes or athletic teams while engaging in their training
responsibilities for and with athletes; and trainers working in conjunction with a
specific athletic event such as road races, track meets, triathlons, biathlons, or
similar single occurrence athletic or recreational events.
.06 Hospitals, nursing homes, sanatoriums, or other health facilities
duly licensed by the State of California.
.1002 Commencing on the effective date of this chapter, all permits are to
be issued in accordance with the provisions of this chapter.
22
110 Transfer and Duration of Permits.
.1101 No permit issued hereunder shall be transferable to any other person
or establishment. "Person" means an individual, corporation, limited liability
company, partnership, joint venture, association, firm, joint stock company, trust,
unincorporated association or other entity.
.1102 It shall be the responsibility of the operator to ensure that all
technicians conducting massage on the premises are continually licensed by the
CAMTC. The operator shall be required to show evidence that massage
technicians operating within their massage establishment hold a valid CAMTC
certificate at the time of business license renewal.
.1103 No permit granted herein shall confer any vested right to any person
or business for more than the permit period. All massage operators, Responsible
Employees and technicians subject to this chapter shall comply with the
provisions of this chapter as they may be amended hereafter.
120 Violation and Penalty.
.1201 Violations of this chapter shall constitute a misdemeanor and shall
be punishable in the manner provided in Section 1.01.370.
.1202 Any massage establishment operated, conducted or maintained
contrary to the provisions of this chapter shall be, and the same is hereby declared
to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City
may, in addition to or in lieu of prosecuting a criminal action hereunder,
commence an action or actions, proceeding or proceedings, for the abatement,
removal and enjoinment thereof, in the manner provided by law, and shall take
such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such massage establishments and restrain
and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter.
23
CFC''TTCIN d
That Table 20-A (Primary Uses: Platinum Triangle Mixed Use Overlay Zone) of Section
18.20.030 (Uses) of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of
Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby amended in part to
read as follows:
Table 20-A
PRIMARY USES:
PLATINUM TRIANGLE
P=Permitted by Right
MIXED USE (PTMU) OVERLAY
C=Conditional Use Permit Required
ZONE*
*Does not apply to the Office
N=Prohibited
District; see subsection
GF=Ground Floor Commercial
18.20.030.010 for Office District
uses.
PTMU
GF
Special Provisions
On-site dry cleaning not allowed; conditional use
permit required for laundromats; laundromats are
Personal Services—
P
GF
subject to § 18.38.150. Massage subject to
General
§ 18.16.070, except massage not permitted within
Live/Work Units.
SECTION 5
That Section 18.24.070 (Neighborhood Commercial District and Neighborhood
Commercial -Mixed District) of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby,
amended and restated to read in full as follows:
18.24.070 NEIGHBORHOOD COMMERCIAL DISTRICT AND
NEIGHBORHOOD COMMERCIAL -MIXED DISTRICT.
Within the area designated as a Neighborhood Commercial District or the
Neighborhood Commercial -Mixed District, the provisions of Chapter 18.08
(Commercial Zones) for the "C -NC" Neighborhood Center Commercial Zone
shall apply, except as otherwise specified.
24
.010 In addition to the uses permitted by the underlying zone or prohibited
by this chapter, the following buildings, structures and uses, either singly or in
combination, are permitted:
.0101 Development of mixed commercial uses with residential units above
the first floor on a single site (i.e., Live/Work Units), in conformance with
Chapter 18.08 (Commercial Zones) for the "C -NC" Neighborhood Center
Commercial Zone, except as amended by this chapter. For projects with mixed
residential and commercial uses, CC&Rs shall be prepared for each project.
Massage establishments shall not be permitted within Live/Work Units.
.0102 Development of mixed commercial uses with senior citizen
apartments above the first floor on a single site, in conformance with Chapter
18.08 (Commercial Zones) for the "C -NC" Zone, and Chapter 18.50 (Senior
Citizens Apartment Projects), except as amended by this chapter.
.0103 Development of Boulevard Residential uses in conformance with
Section 18.24.060.
.0104 Alcoholic Beverage Manufacturing uses in conformance with Section
18.38.025 (Alcoholic Beverage Manufacturing) on properties located on the
east side of Anaheim Boulevard between Broadway and Ellsworth Avenue
whose underlying zoning is "I" (Industrial).
.020 Development Standards. The provisions of Chapter 18.08 (Commercial
Zones) shall apply, with the following exceptions:
.0201 Building Site Requirements for Mixed -Use Developments.
.01 A minimum project site of one (1) net acre is required where mixed
commercial/residential uses are proposed.
.02 A minimum lot width of one hundred (100) feet is required where
mixed commercial/residential uses are proposed.
.03 Where above ground residential uses are proposed, no more than
thirty percent (30%) of the habitable structure may be used for non-residential
uses.
.0202 Structural Height and Area Limitations for Mixed Use
Developments.
.01 Structure height is limited to forty (40) feet.
.02 For any portion of a mixed use development located within fifty (50)
feet of a single-family, residentially zoned property, the maximum height shall
25
be limited to twenty-two (22) feet, with the exception of architectural
projections, which may extend up to an additional six (6) feet above this height
limit.
.03 Tuck -under and subterranean parking are permitted in conformance
with Chapter 18.42 (Parking and Loading).
.0203 Structural Setback and Yard Requirements for Mixed -Use
Developments. All provisions of Chapter 18.08 (Commercial Zones) for the C-
NC Neighborhood Center Commercial Zone shall apply, except for the
following:
.01 Structural setback shall not be required along public streets, except
along public alleys.
.02 A minimum of two hundred (200) square feet of usable
recreation/leisure space is required for each dwelling unit. Such space may be
satisfied by either private balconies or patios, roof gardens or common
recreational/leisure areas, or a combination thereof. Minimum size of a private
patio or balcony is fifty (50) square feet, with a minimum dimension of five (5)
feet.
.0204 Design of Off Street Parking and Loading areas for Mixed Use
Developments. The design of the parking areas, and of the ingress and egress to
the parking areas, shall be subject to the approval of the Planning Services
Manager of the Planning Department and/or his or her designee. The parking
study, or other such study as may be required by the Planning Services Manager
of the Planning Department and/or his or her designee, shall minimally contain
and address the following factors:
.01 The design and location of separate driveway entrances to the
residential and commercial portions of the project;
.02 Proper identification of the separate parking entrances;
.03 Layout and design of the separate parking lots designated for
residential and commercial uses.
.0205 Number of Spaces for Mixed Use Developments. For mixed-use
projects, vehicle parking shall be provided as required by Chapter 18.42
(Parking and Loading). Parking requirements for residential and commercial
uses shall be calculated separately and satisfied independently. Variances to
permit deviation from these requirements, in terms of reduction of required
spaces through shared parking, due to the nature of a mixed-use project, may be
considered pursuant to Chapter 18.74 (Variances).
26
.0206 Sign Regulations for Mixed Use Developments. All provisions of
Chapter 18.44 (Signs) shall apply, with the following exceptions:
.01 Freestanding signs shall be prohibited.
02 Wall signs shall be limited in area to a total of thirty (30) square feet.
.03 Each commercial business shall be limited to one (1) wall sign, with
the exception of corner locations, where one (1) sign per street frontage may be
permitted.
CFC''TICIN A
That Table 32-A (Primary Uses: Mixed Use Overlay Zone) of Section 18.32.030 (Uses)
of Chapter 18.32 (Mixed Use (MU) Overlay Zone) of Title 18 (Zoning) of the Anaheim
Municipal Code be, and the same is hereby amended, in part, to read as follows:
Table 32-A
P=Permitted by Right
PRIMARY USES:
C=Conditional Use Permit Required
MIXED USE OVERLAY ZONE
N=Prohibited
MU
Special Provisions
Personnel Services—
Massage subject to §18.16.070, except massage
General
P
not permitted within Live/Work Units.
SECTION 7.
That Table 30-A (Primary Uses: Downtown Mixed Use Overlay Zone) of Section
18.30.030 (Uses) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) of Title 18
(Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended, in part, to read
as follows:
Table 30-A
P=Permitted by Right
PRIMARY USES: DOWNTOWN
C=Conditional Use Permit Required
MIXED USE OVERLAY ZONE
N=Prohibited
DMU
Special Provisions
On-site dry cleaning and Laundromats are not
Personal Services—General
P/N
allowed. Massage subject to §18.16.070 except
massage not permitted within live/work units.
27
SECTION 8.
That Section 18.92.160 ("M" Words, Terms and Phrases) of Chapter 18.92 (Definitions)
of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to
change the following definition:
"Massage Establishment". Any business conducted within the City where any
person, firm, association, partnership, corporation, limited liability company, any
other type of legal entity, or combination of individuals engages in, conducts,
carries on or permits to be conducted or carried on, for money or any other
consideration, administration to another person of a massage, bath or health
treatment involving massages or baths, including foot massages, at a fixed
location which requires a business license and an operator's permit. For hotels
and motels, the massage establishment may include common areas on the hotel or
motel premises such as the pool area when the massage is conducted by licensed
massage technicians in accordance with the massage establishment permit issued
for the hotel or motel. Mobile massage operations are not included within this
definition and are not permitted within the City.
"Mobile Massage Operation". A business where any person, firm, association,
partnership, corporation, limited liability company, any other type of legal entity,
or combination of individuals engages in, conducts, carries on or permits to be
conducted or carried on, for money or any other consideration, administration to
another person of a massage, bath or health treatment involving massages or
baths, including foot massages at a location other than a massage establishment.
SECTION 9.
That Section 18.92.210 ("R" Words, Terms and Phrases) of Chapter 18.92 (Definitions)
of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended to
delete the following definition:
SECTION 10.
That subsection .020 (General Standards) of Section 18.108.040 (Development
Standards) of Chapter 18.108 (Festival Specific Plan No. 90-1 (SP 90-1) Zoning and
Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same
is hereby, amended to read in full as follows:
.020 General Standards. Except as otherwise specifically set forth herein, the
standards of the Scenic Corridor Overlay Zone shall apply. The use, building
and structural height, setback, improvement of setback, landscaping and roof
projection requirements set forth in this subsection 18.108.040.020 shall apply
in each of the four development areas, unless otherwise stated therein.
28
(a) Permitted Uses. Uses listed as permitted accessory uses and
permitted temporary uses in Section 18.08.030 (Uses) for the C -NC
Neighborhood Center Commercial Zones in Chapter 18.08 (Commercial Zones)
and the following and substantially similar uses shall be permitted in all
development areas:
1. Antique shop;
2. Automobile rental agencies (office only, with no on-site car
display or car storage);
3. Bakery;
4. Barber/beauty shops;
5. Bicycle shops;
6. Book stores;
7. Bowling, pool or billiard centers;
8. Broadcasting studio;
9. Business offices/agencies;
10. Candy stores;
11. Carpet and rug sales and installation;
12. Catering establishments;
13. China and glassware stores;
14. Cigar and smoke shops;
15. Clothing or apparel stores;
16. Commercial retail centers;
17. Conservatoire studios;
18. Convenience food stores (not in connection with gasoline sales);
19. Curtain and drapery shops;
20. Department stores;
21. Drug stores;
22. Electrical equipment sales and repair shops;
23. Fabric shops;
24. Fast food restaurants - Development Areas 1 and 2: two (2)
drive-throughs maximum, one (1) on Pad D and one (1) on
another pad in Development Area 1 or 2, and an additional seven
thousand five hundred (7,500) square feet maximum of fast food
space in the main tenant area of Development Areas 1 and 2;
25. Financial institutions with walkup windows/ automatic teller
machines;
26. Financial institutions with drive-through: Maximum of three (3)
in Development Areas 1 and 2. To be located on Pad E and on
two (2) other pads in Development Area No. 1 or 2;
27. Floor covering shops;
28. Florists;
29. Furniture stores;
30. Health spas and physical fitness centers up to four thousand
(4,000) square feet;
31. Hobby shops;
29
32. Home improvement stores;
33. Interior decorators;
34. Jewelry stores;
35. Dry cleaning services;
36. Leather goods and luggage stores;
37. Liquor stores;
38. Locksmiths;
39. Massage Establishments, subject to Section 18.16.070;
40. Meat markets;
41. Medical/dental offices;
42. Musical instrument sales and repair shops;
43. Music stores;
44. Newspaper and magazine stores;
45. Office business machine and computer component stores;
46. Optical and optometrical offices/shops;
47. Paint, glass and wallpaper stores;
48. Pinball and electronic game arcades (pursuant to an arcade
permit);
49. Record, tape and video stores;
50. Rental services;
51. Reproduction service businesses, including but not limited to,
messenger services, wire services, blueprinting, drafting, job
printing, microfilming, etc.;
52. Retail supply stores, including but not limited to, vehicle
accessories and parts, books, hardware, pet shops, photographic,
sporting goods, tobacconists, toys, yardage, etc.;
53. Secretarial or answering services;
54. Shoe stores;
55. Sit-down restaurants, with or without alcohol;
56. Specialty food stores, such as delicatessens, cookie stores, yogurt
shops and other specialized retail food stores;
57. Supermarkets, markets and groceries;
58. Travel agencies;
59. Typewriter sales and service;
60. Veterinary clinics, non -boarding; and
61. Watch and clock sales and repair shops.
SECTION 11. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
30
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 12. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 13. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the22nd day of November , 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 20th day of
December , 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes,
Moreno, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
fi CITY CLERK OF THE CITY OF ANAHEIM
119988v4/TJR
CITY OF ANAHEIM
By: Z/" (/Z
MAYOR OF THE CITY OF ANAHEIM
31
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6390 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 22nd day of November, 2016, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 20th day of December, 2016, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of January 2017.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6390 and was published in the Anaheim Bulletin on the 29th day of
December, 2016.
"5Q�n
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
December 29, 2016
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: December 29, 2016
c
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6390
AN ORDINANCE 3.32,090
CHAPTER
TITLE 18((3 32 OF))TITLE 3 F THE I (BUSINESS LICENSENICIPS)ANAHEIM( ANDTY OF ANAHEIM AMENDI�GVARIIO SNSECTIO SOOF
RELATING TO THE
LICENSING, SITING AND OF OP ERAT ON OFUMASSAGE ESTABLISHMENTS NTS AND
FINDING AND DETERMINING THAT THIS ORDIACTNANCE IS NOT SUBJECT TO THE
506%%g22) AND WILL 1FORNIA 50 �M(AC)(DND(3FF))IAIOFQTHE STATE CEQAAGUIIRSUANT TO DELINES, BECAUSE IT
CT
PHYSICAL CHANGE IN THE EENVIRONMENT CT OR NAND S NOABLY T A PROJECT,EAS
DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT 2016-00135)
The primary urpeae-of3his ordinance is to amend Section 3.32 099 of Chapter 3.32 of Ti-
tle 3 (Busine a Licenses) and various and num&dUg sections of Iitle 18 (Zoning) of the
Anaheim Municipal Code (the "Code") relating to the licensing, sitingg and operation of
massage establishments to ensure that the City regulates massageestablishments in com-
pliance with the provisions of Assembly Bill No. 1147 (Chapter 406, Statutes of 2014). As -
sem bty Bill No. 1147 was enacted by the State Legislature and allows local agencies to im-
pose reasonable zoning, business licensing, and health and safety requirements on mas-
sage establishments.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6390, which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 22nd day of November, 2016 and was duly
passed and adopted at a regular meeting of said Council on the 20th day of December,
2016 by the following roll call vote of the members thereof:
AYES: Me or Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring,
and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6390, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describe every provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 765.5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
120036/TJR Publish: Anaheim Bulletin December 29, 201610225265
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6390
AN ORDINANCE 3.32,090
CHAPTER
TITLE 18((3 32 OF))TITLE 3 F THE I (BUSINESS LICENSENICIPS)ANAHEIM( ANDTY OF ANAHEIM AMENDI�GVARIIO SNSECTIO SOOF
RELATING TO THE
LICENSING, SITING AND OF OP ERAT ON OFUMASSAGE ESTABLISHMENTS NTS AND
FINDING AND DETERMINING THAT THIS ORDIACTNANCE IS NOT SUBJECT TO THE
506%%g22) AND WILL 1FORNIA 50 �M(AC)(DND(3FF))IAIOFQTHE STATE CEQAAGUIIRSUANT TO DELINES, BECAUSE IT
CT
PHYSICAL CHANGE IN THE EENVIRONMENT CT OR NAND S NOABLY T A PROJECT,EAS
DEFINED IN SECTION 15378 OF THE CEQA GUIDELINES.
(ZONING CODE AMENDMENT 2016-00135)
The primary urpeae-of3his ordinance is to amend Section 3.32 099 of Chapter 3.32 of Ti-
tle 3 (Busine a Licenses) and various and num&dUg sections of Iitle 18 (Zoning) of the
Anaheim Municipal Code (the "Code") relating to the licensing, sitingg and operation of
massage establishments to ensure that the City regulates massageestablishments in com-
pliance with the provisions of Assembly Bill No. 1147 (Chapter 406, Statutes of 2014). As -
sem bty Bill No. 1147 was enacted by the State Legislature and allows local agencies to im-
pose reasonable zoning, business licensing, and health and safety requirements on mas-
sage establishments.
I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6390, which ordinance was introduced at a regular meeting of
the City Council of the City of Anaheim on the 22nd day of November, 2016 and was duly
passed and adopted at a regular meeting of said Council on the 20th day of December,
2016 by the following roll call vote of the members thereof:
AYES: Me or Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring,
and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6390, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or describe every provision of the ordi-
nance and should not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 765.5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
120036/TJR Publish: Anaheim Bulletin December 29, 201610225265