The URL can be used to link to this page

Home My Public Portal About2001.130 (10-17-01) _., ` F RESOLUTION NO. 2oo.i3o " ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~~ OF ~ LYNWOOD, APPROVING A SPECIAL PERMIT FOR -_-.. MASSAGE AND THERAPEUTIC ORIENTED SERVICES FOR OASIS DAY SPAU AT 3737 MARTIN LUTHER KING ]R. BOULEVARD, SUITES 401A AND 4016 IN THE HMD (HOSPITAL, MEDICAL, DENTAL) ZONE,_ LYNWOOD, CALIFORNIA. `WHEREAS,, the Lynwood. City Council did pursuant to law, review the above- identified application; and WHEREAS,:: the City Council considered ail pertinent code requirements and standards; public 'oral and written testimony offered; and WHEREAS,. the Community Development Department has determined that the application is categorically exempt from the provisions of the California Environmental ` Quatity Act (CEQA) Guidelines pursuant to Section 15303(a); 1; ,Section 1. The City Council hereby finds and determines as follows: A. The, granting of a special permit for massage °oriented;. and therapeutic ~ services wi11 not adversely affect the comprehensive General Plan. B. The !Vocation of the. subject business is in accord with the objectives of the Zoning Ordinance and the purpose.of the HMD zone in which the business is located. C. The ,location of the subject business and the conditions under which a medical clinic and spa would be operated. and maintained will not be detrimental to the .public health, safety, or `welfare, or materially injurious to properties or improvements in, the `vicinity. ~ .A D. The ~business~ will comply with each of the applicable provisions of the Lynwood Municipal Code pertaining to massage establishments and massage technicians identified in Section 4-26 and 4-27. Section 2. The City Council of the City of Lynwood, based :upon the aforementioned findings .and determinations, hereby approves a special permit for. ,Oasis Day Spau,~ Inc. to provide massage-and ,therapeutic oriented services, subject to the following conditions: ~ ' E ~~ COMMUNITY DEVELOPMENT ' 1. The applicant or his representative shalt sign a Statement of Acceptance stating 'that he has read, 'understands and agrees~to all' conditions of this resolution prior to the issuance of a business license. 2. The subject .business and all improvements shall comply with all applicable regulations of the Lynwood Municipal Code, the California .Building Code, and the ..Los Angeles,County Fire Code. , \ ~" H:\ W OI;.DFI LE\PLP.NNING\RESOS4eso.council.nussagemlk.doc --- ~` - 1 - 3. Any proposed subsequent modification of the subject business or improvements shall be first reported to the Community Development Department, Planning Division for review. 4. This approval shall become Wulf and void one .hundred eighty (180) days after the use permitted has been .abandoned, or ceases to be actively exercised, unless extended. 5. The applicant may request an extension of ninety (90) days provided the request for extension is submitted in writing to the Planning Division prior to expiration of the Conditional Use Permit. BUSINESS LICENSE REQUIREMENTS 6. The business establishment and all staff members shall comply with. all provisions of Lynwood Municipal Code Section 4-26 as follows: a) Every person conducting or managing a massage parlor or any other place where fomentations, massage, electric or magnetic treatment alcohol , rubs, Russian, Swedish, or Turkish baths arek administered or given, or any public bathing place which has in connection a steam room, dry or hot room plunge, swimming pool, shower bath, or sleeping accommodations , or any school. of massage which performs any such activity for any member of the public for any form of consideration. or gratuity shall first , procure a license, and for each of such places pay an annual permit fee in the amount set forth in Section 408 of this chapter. b) A permit shall not be issued pursuant to this chapter unless an inspection reveals that the establishment complies with each of the following minimum requirements. c) A recognizable and readable sign shall be posted at the main entrance identifying. the establishment. Such sign shall comply with all requirements of all City ordinances. d) Minimum lighting shall be provided in accordance with the Building Code , and in addition; at least one (1) artificial light of not less than forty (40) watts shall be provided in each enclosed room or booth where massage services are being performed on a patron. e) Minimum ventilation shall be provided in accordance with the Building Code. f) Adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. g) Hot and cold running water shall be provided at alf time h) s. Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked, "clean linen" and "soiled linen " i) . All walls, ceilings, floors, pools, showers, bathtubs, steam. rooms and all , other physical facilities shall be in good repair. j) In any establishment in which massage services are rendered only to members of the same sex at any one (1) time,; such persons of the same sex may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed. k) Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. A minimum of one (1) tub or shower, one (1) dressing room containing a separate locker for each patron to be served (which locker H:\ WORDFI LE\PL.4NN INGUtESOStreso.council.massagemlk.doc - 2 - f~ shall be capable of being locked) a"s well as a minimum of one (1) toilet and one (1) washbasin shall be provided.by every massage establishment, provided however that is male ~ and female patrons are to be served . simultaneously at the establishment, separate bathing, a separate .massage room or rooms, separate dressing and separate toilet facilities shalt be provided for male and female patrons. L) A- minimum of one (1) separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provided soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In - addition, there shall be provided at each washbasin, sanitary towels .placed in permanently installed dispensers. m) .Every establishment for which this section requires a license shall be maintained and operated in conformity with the following subsections. a n) A person shall not enter, be or remain in any part of a massage parlor or premises .licensed as such while in the possession of, consuming, or using . any alcoholic beverage or drugs. The ,licensee, manager, and every supervising employee shalt not permit any such person to enter or remain, upon such premises. o) Alt walls, ceilings, floors, pools, showers, bathtubs, .steam rooms, and all other .physical facilities for the establishment shall be 'in good repair and maintained in a clean and sanitary condition. - p) Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned each .day the business is in. operation. Bathtubs shalt be thoroughly cleaned after each use. g} Clean and sanitary towels and linens shall be provided ,for each .patron of the 'establishment. or each patron receiving massage services. No common use of towels or linens shall be permitted. r) A permittee or person. required by this section to obtain a permit shall not .hire or employ a massage technician unless such massage technician possesses a valid, subsisting permit~required by this chapter. s) This section does not apply to any treatment administered in good faith in the course of the practice of. any healing art personally by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California or any other statute of this State. _ .~ , 7. 'Massage technicians" shall comply with Lynwood Municipal Code Section 4-27 at all times. Massage technician shall .mean any person, male or female who administers to any person, for any form of consideration or gratuity, a massage, alcohol rub, fomentation, bath, electric massage. procedure, manipulation of the . body or similar procedure, including, a student at a school of massage who administers such a procedure tb any person who pays for or gives a gratuity for such, whether the payment or gratuity is to such student or to the school. - Following are standards .pursuant to Lynwood Municipal Code Section 4-27: a) Every massage technician shall. first procure a permit and pay a fee. in the amount set forth in subsection 4-8.8m of this chapter: b) In addition to any other requirements of this chapter an application for a permit required by this section also shall show: 1) The two (2) .previous addresses, if any, immediately prior to the. present address of the applicant. - 'H:\R'ORDFI LEIPLANNING\RESOS\reso.council.rrussagemlk.doc -3- 2) Written statements of at least five (5) persons that the applicant is of good moral character. 3) Written proof that the applicant is over the age of eighteen (18) years. 4) Applicant's height, weight, color of eyes and hair. ,--~ 5) Two' (2) portrait photographs at least two (2") ,inches by two (2") ~ inches. 6) Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application. 7) The license history of the applicant, whether the applicant has had a license for any business or similar activity issued by this or any other City, by any County, or by the State revoked or suspended, the reason therefore, and the business activity or occupation. subsequent to such action of suspension or revocation. 8) All convictions, except for minor traffic violations, and the reasons - therefore. 9) A certificate from a medical doctor stating that the applicant has, within thirty (30) days immediately prior been examined and found to be free of any contagious or communicable disease. 10)Such other identification and information .necessary to discover the truth of the matters hereinabove specified as required to be set forth in the application. Nothing contained herein shall be construed to deny the Sheriff the right to take fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the Sheriff to confirm the height and weight of the applicant., A c) The applicant shall furnish with his/her application a diploma or certificate of graduation form a recognized school wherein the method, profession, and work of massage technician is taught; or d) Furnish with his/her application. a diploma or certificate from a school outside of the State of California which substantially complies with the educational requirements of Section 29025 ~of the Education Code of the State, or e) Have had not less than five (5) years of experience as a practicing massage technician and furnish proof thereof. f) Any department which has as one (1) of its duties the investigation of this activity or enforcement of this chapter shall .have the right to verify for authenticity the information supplied pursuant to this subsection. g) This section does not apply to any treatment administered in good faith in the course of the practice of any healing art personally by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California or any other statute of this State. BUILDING AND SAFETY DIVISION 8. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 1997 edition; The Uniform Plumbing Code - 1997 edition; The Uniform Mechanical Code - 1997 edition; The Los Angeles County Fire Code 1999 edition; The National Electric Code - 1996 edition; All as amended by the California Building Code of 1998. H:\ WORDFI LEIPLANNING\RESOS\reso.council.massagcmlk.doc -4- r 3 ' Y r i In case- where the .provisions of the California Building Code, the Lynwood Municipal Code, or the plans or specifications in these .plans may conflict,. the more restrictive provisions shall govern. ,LOS ANGELES COUNTY FIRE DEPARTMENT 9. The applicant shall contact the Los Angeles County Fire Department for plan check .and permit requirements. Contact the Fire Prevention Division, Land Use Unit, .5823 Rickenbacker Road, Commerce, CA 90040-3027, (323)'890-4243. Section 3. ~ The City Clerk is hereby directed to certify to the .passage and adoption of this Resolution and to cause it to be published or posted as required by law. .. Section 4. A~ copy of this Resolution and its conditions shall be delivered to the applicants. Any violation of said conditions in this resolution may result in revocation or modification. of the; Conditional Use Permit by the issuing body at a regularly scheduled meeting.. APPROVED AND ADOPTED this by members of the City Council: 17th day of OCTOBER 2001 ATTEST: ~~~~ ANDREA L. HOOPER, City Clerk City of Lynwood I j APPROVED AS TO CONTENT: ~!. . .~~~-U- ~EPH WA , Di -~ for of Public Works/City Engineer H:\ WORDFI LE\PLANNING\RESOS\reso.council.massagemlk,doc -------- PAUL H. RICHARDS II, Mayor City of Lynwood. APPROVED AS TO FORM: -!~~(fGl~--~ S¢A K. THE City Attorney r -5- STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the .17th day of OCTOBER 2001. AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS ` NOES: NONE ABSENT: NONE ABSTAIN: NONE City Clerk, City of Lynwoo. STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and° correct copy of Resolution No. 2001.130 on file in my office and that said. resolution was adopted on the date and by the vote therein stated. Dated this 17th day of OCTOBER 2001. City Clerk H:\ W ORDFI LE\PLANNING\RESOS\reso.council.rtussagcmlk.doc -6- I