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HomeMy WebLinkAboutPC 2004-35PLANNING COMMISSION RESOLUTION NO. 2004-35 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2004-03 AND CATEGORICAL EXEMPTION 15301(e), TO OPERATE A WELLNESS SPA (DBMC 5.68, HEALTH CLUB) AND MASSAGE ESTABLISHMENT, IDENTIFIED AS LALIQUE, IN AN EXISTING SHOPPING CENTER. THE PROJECT ADDRESS IS 1160 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA A. RECITALS The property owner, Barco Real Estate Management and applicant, Adriana Herrera, filed a Conditional Use Permit No. 2004-03 application and categorical exemption for a property located at 1160 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On August 4, 2004, 606 property owners within the project's 700 -foot radius were mailed a public hearing notice and on August 6, 2004, three other locations within the application's vicinity were posted. On August 10, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On August 24, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project address is 1160 South Diamond Bar Boulevard in the Diamond Bar Towne Center at the northeast corner of Diamond Bar Boulevard and Grand Avenue. Staff approved a medical use in the existing suite with Plot Plan No. 2000-11. The original doctor has left the business; therefore, the spa and massage uses are discontinued. As part of the new business plan, the Applicant requests a Conditional Use Permit for the Wellness Spa and/or Massage Establishment. The shopping center is on four assessor's parcels of approximately 9.5 acres and consists of several buildings. (b) The General Plan land use designation is Commercial (C) and the Zoning designation is Unlimited Commercial Billboard Exclusion (C 3 - BE), which equates to C-3 Zone standards. (c) To the east is the single-family R-1-8,000 zone and to the north, south and west is the C-3 Zone. (d) The application requests to operate a Wellness Spa (DBMC 5.68, health club) and Massage Establishment identified as Lalique. The applicant proposes to covert an existing 1,656 square foot medical suite to a spa with occasional medical hours for special techniques. The services offered include: retail sales of beauty supplies, facials, hydrotherapy, varicose vein treatments, Botox, collagen, restylane injections, hair removal, reflexology, photo rejuvenation, sclerotherapy, alpha spa capsule, paraffin (feet and hands), body mask, waxing, and massage. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning district with the — approval of a Conditional Use Permit and complies with all other 2 applicable provisions of the Development Code and the Municipal Code. The proposed Wellness Spa (DBMC 5.68, health club) and Massage Establishment, Lalique, is permitted in the C-3 zone with the review and approval of a Conditional Use Permit that analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. As conditioned, the proposed use complies with all other applicable provisions of the Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is Commercial (C). This land use designation provides for diverse mixed uses of commercial retail, office, and service properties. This proposed project is consistent with the General Plan. (g) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The project site is approximately 9.5 acres and developed with an existing shopping center with landscaping and parking. The proposed project will occupy an existing medical suite. No additional square footage will be added to the project suite and the shopping center will not change physically in any way. Parking is consistent with retail and personal service usage. The City believes adequate parking exists on site to accommodate the proposed use, existing uses and vacancies when leased at the standard of one space for each 250 square feet. Therefore, the design, location, size, and operational characteristics as conditioned herein for the proposed use are compatible with the existing and future land uses in the vicinity. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The existing interior of the suite shall be modified as conditioned herein for Wellness Spa and/or Massage Establishment use. The proposed project meets the required development standards for C-3 with a Conditional Use Permit approval and as conditioned in this resolution it will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Shopping center access 3 exists and is adequate. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As conditioned, the project meets the City's development standards. Prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The City has determined that the project is categorically exempt per the 1970 Califomia Environmental Quality Act (CEQA) guidelines, Section 15303(c): conversion of an existing small structure from one use to another. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated August 24, 2004, as submitted and amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 4 (c) Property owner or applicant shall remove the public hearing notice board within three days of this project's approval. (d) This grant is specifically for a Wellness Spa (DBMC 5.68, health club) and Massage Establishment identified as Lalique. In the future, if a use that is more intense and requires a Conditional Use Permit leases the Lalique suite, a new Conditional Use Permit shall be submitted to the Planning Commission for review and approval. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (f) Operating hours shall be: Monday through Friday, 10:00 a.m. to 8:00 p.m., Saturday, 9:00 a.m. to 5:00 p.m., closed on Sunday. If the applicant desires to modify the hours of operation, the operational hours shall be presented to the Planning staff for review and approval. There shall be no operating hours between 10:00 p.m. and 7:00 a.m. (g) The applicants shall provide a second restroom per ADA requirements as required by the Building Official. (h) A revised floor plan shall be submitted to and reviewed by the Planning Division staff prior to Building and Safety Division submission for modifications of restroom and the following approval conditions. (i) Hazardous waste shall be handled per DBMC 8.16. requirements (j) Prior to final inspection, applicant/property owner shall install appropriate handicapped signs at entries. (k) Prior to issuance of any City permits, applicant/property owner shall submit a revised site plan delineating (striping) the path of travel from parking lot to building and path of travel from the curb to building for the City's review and approval. Path of travel shall not exceed a two percent cross slope. {I) Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the California Building Code, Plumbing Code, Mechanical Code, and National Electrical Code). 5 (m) Prior to issuance of any City permits, the applicant shall submit plans to the Los Angeles County Fire Department for review and approval. (n) Floor shall be designed for special loads per Table 23-A of the 2001 California Building Code. (o) Changing rooms shall be handicapped equipped and accessible. (p) Priorto opening the uses as defined for a health club and/or massage parlor, the applicant shall obtain a Wellness Spa (DBMC 5.68) and/or a Massage Establishment license from Los Angeles County Business License. (q) The Applicant shall obtain Los Angeles County Health Department approvals as required by that agency. (r) Operational Standards: 1. Applicant shall comply with operating standards as prescribe by the Los Angeles County Business License and Diamond Bar Municipal Code Chapter 5.12 and 5.68 and conditions herein. 2. Owner, applicant, or manager shall not hire, employ, or allow a massage technician to operate from this Wellness Spa and/or Massage Establishment unless that person possesses a valid massage technician permit issued by Los Angeles County Business License. 3. Nurses and other persons without qualifications as massage technicians or persons not otherwise licensed to practice by the Medical Practices Act, whether employed by physicians, surgeons, acupuncturists, chiropractors, osteopaths, or physical therapist, may not give massages for a fee or other consideration without a massage technician permit issued by Los Angeles County. Exception granted for the above providing physical therapy treatments working under the immediate and direct supervision of a physician, surgeon, acupuncturist, chiropractor, osteopath, or physical therapist duly licensed to practice their respective profession in the State, while such licensed professional is present in the office or in accordance with such other State regulations that may be applicable. 4. Applicant shall post notices at the main entrance identifying the Health Spa and/or Massage Establishment that complies with 1.1 the Planning Division and Los Angeles County Business License requirement. 5. Tattoos shall not be a part of the personal services without Planning Commission approval. 6. When massages are performed as ancillary to another use, no massage may be given unless the primary business is also open for business. All exterior doors shall remain unlocked from the interior side during business hours. 7. No alcoholic beverages shall be sold, serviced, furnished, kept or possessed on the premises. 8. The walls in all room where water or steam baths are given shall have a washable mold -resistant surface. 9. Each door to a room where massages are to be given shall have a window in the door which shall be a minimum of six inches by six inches and shall be located approximately five feet from the ground floor. Massage tables shall be placed in the room in such a way that they are visible from the window. 10. No doors, except exterior doors and storage room doors, shall be capable of being locked. 11. Clean and sanitary towels, sheets and linens shall be provided for each patron of the business. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle. 12. Massages shall be administered only on standard or portable massage tables which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons and foam pads more than four inches thick or with a width of more than four feet shall not be used. 13. No person or persons shall be allowed to live inside the Wellness Spa and/or Massage Establishment at any time. 14. No electrical, mechanical or artificial device shall be used by the operator, manager, technician or any employee of the Wellness Spa and/or Massage Establishment for studio and/or video recording or for monitoring the performance of a 7 massage, or the conversation or other sounds in the massage rooms without the knowledge or consent of the customer. 15. If male and female patrons are to be treated simultaneously at the Wellness Spa and/or Massage Establishment, separate massage room or rooms, separate dressing facilities and separate shower, toilet and washing facilities shall be provided. 16. The Wellness Spa and/or Massage Establishment shall be supervised during all hours of operation by the owner, applicant or operator of the establishment or a specified manager. A massage technician can be both manager and technician. 17. The owner, applicant, or manager of the Wellness Spa and/or Massage Establishment shall provide the City with additional licenses and technicians who will be employed at the business. The City shall be notified of all changes within seven calendar days of such changes. 18. The owner, applicant, or manager of the Wellness Spa and/or Massage Establishment providing massage services shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage technicians administering such treatment. The record shall be open to inspection by officials charged with the enforcement of the provisions of the CUP for purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. 19. The facility shall comply with all state and federal laws and regulations for persons with a disability, including all applicable anti -discrimination laws. 20. Seated massage shall be offered in a public area only, to which all patrons and employees are provided free access. 21. The Wellness Spa and/or Massage Establishment shall not 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 that any service is available other than those services described in the application. The language in the text of such advertising shall not reasonably suggest to prospective customers that any service is available other than those services described in the application. 22. To assure patrons' health, safety, sanitation and comfort, all employees, massage technicians shall be clean and dressed when performing services upon the premises; the garments shall provide a complete covering by fully opaque material of the genitals, genital area, buttocks, and female breasts. All patrons shall be draped while receiving services. 23. This Massage Establishment shall not operate as a school of massage, or use the same facilities as that of a school of massage. 24. No massage room shall be equipped with tinted or "one-way" glass. (s) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (t) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Barco Real Estate Management, 1545 N. Verdugo Road, #115, Glendale, CA 91208 and Adriana Herrera, 1160 South Diamond Bar Boulevard, Diamond Bar, CA 91766 APPROVED AND ADOPTED THIS 24" OF AUGUST 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jack Tanaka, Vice Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24th day of August 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: McManus, Tye, Low, WC Tanaka Commissioner: C/Nolan 10 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2004-03 AND CATEGORICAL EXEMPTION 15301(e), TO OPERATE A WELLNESS SPA (DBMC 5.68, HEALTH CLUB) AND MASSAGE ESTABLISHMENT, IDENTIFIED AS LALIQUE, IN AN EXISTING SHOPPING CENTER. THE PROJECT ADDRESS IS 1160 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA A. RECITALS 1. The property owner, Barco Real Estate Management and applicant, Adriana Herrera, filed a Conditional Use Permit No. 2004-03 application and categorical exemption for a property located at 1160 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On August 4, 2004, 606 property owners within the project's 700 -foot radius were mailed a public hearing notice and on August 6, 2004, three other locations within the application's vicinity were posted. On August 10, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On August 24, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project address is 1160 South Diamond Bar Boulevard in the Diamond Bar Towne Center at the northeast corner of Diamond Bar Boulevard and Grand Avenue. Staff approved a medical use in the existing suite with Plot Plan No. 2000-11. The original doctor has left the business; therefore, the spa and massage uses are discontinued. As part of the new business plan, the Applicant requests a Conditional Use Permit for the Wellness Spa and/or Massage Establishment. The shopping center is on four assessors parcels of approximately 9.5 acres and consists of several buildings. (b) The General Plan land use designation is Commercial (C) and the Zoning designation is Unlimited Commercial Billboard Exclusion (C 3BE), which equates to C-3 Zone standards. (c) To the east is the single-family R-1-8,000 zone and to the north, south and west is the C-3 Zone. (d) The application requests to operate a Wellness Spa (DBMC 5.68, health club) and Massage Establishment identified as Lalique. The applicant proposes to covert an existing 1,656 square foot medical suite to a spa with occasional medical hours for special techniques. The services offered include: retail sales of beauty supplies, facials, hydrotherapy, varicose vein treatments, Botox, collagen, restylane injections, hair removal, reflexology, photo rejuvenation, sclerotherapy, alpha spa capsule, paraffin (feet and hands), body mask, waxing, and massage. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. The proposed Wellness Spa (DBMC 5.68, health club) and Massage Establishment, Lalique, is permitted in the C-3 zone with the review and approval of a Conditional Use Permit that analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. As conditioned, the proposed use complies with all other applicable provisions of the Municipal Code. (f The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is Commercial (C). This land use designation provides for diverse mixed uses of commercial retail, office, and service properties. This proposed project is consistent with the General Plan. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The project site is approximately 9.5 acres and developed with an existing shopping center with landscaping and parking. The proposed project will occupy an existing medical suite. No additional square footage will be added to the project suite and the shopping center will not change physically in any way. Parking is consistent with retail and personal service usage. The City believes adequate parking exists on site to accommodate the proposed use, existing uses and vacancies when leased at the standard of one space for each 250 square feet. Therefore, the design, location, size, and operational characteristics as conditioned herein for the proposed use are compatible with the existing and future land uses in the (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The existing interior of the suite shall be modified as conditioned herein for Wellness Spa and/or Massage Establishment use. The proposed project meets the required development standards for C-3 with a Conditional Use Permit approval and as conditioned in this resolution it will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Shopping center exists and is adequate. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (i Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As conditioned, the project meets the City's development standards. Prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The City has determined that the project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15303(c): conversion of an existing small structure from one use to another. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated August 24, 2004, as submitted and amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner or applicant shall remove the public hearing notice board within three days of this project's approval. (d) This grant is specifically for a Wellness Spa (DBMC 5.68, health club) and Massage Establishment identified as Lalique. In the future, if a use that is more intense and requires a Conditional Use Permit leases the Lalique suite, a new Conditional Use Permit shall be submitted to the Planning Commission for review and approval. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or (f Operating hours shall be: Monday through Friday, 10:00 a.m. to 8:00 p.m., Saturday, 9:00 a.m. to 5:00 p.m., closed on Sunday. If the applicant desires to modify the hours of operation, the operational hours shall be presented to the Planning staff for review and approval. There shall be no operating hours between 10:00 p.m. and The applicants shall provide a second restroom per ADA requirements as required by the Building Official. (h) A revised floor plan shall be submitted to and reviewed by the Planning Division staff prior to Building and Safety Division submission for modifications of restroom and the following approval conditions. 0 Hazardous waste shall be handled per DBMC 8.16. requirements ( Prior to final inspection, applicant/property owner shall install appropriate handicapped signs at entries. (k) Prior to issuance of any City permits, applicant/property owner shall submit a revised site plan delineating (striping) the path of travel from parking lot to building and path of travel from the curb to building for the City's review and approval. Path of travel shall not exceed a two percent cross slope. (I Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the California Building Code, Plumbing Code, Mechanical Code, and National Electrical Code). (m Prior to issuance of any City permits, the applicant shall submit plans to the Los Angeles County Fire Department for review and approval. (n) Floor shall be designed for special loads per Table 23-A of the 2001 California Building Code. (o) Changing rooms shall be handicapped equipped and accessible. ( Prior to opening the uses as defined for a health club and/or massage parlor, the applicant shall obtain a Wellness Spa (DBMC 5.68) and/or a Massage Establishment license from Los Angeles County Business License. The Applicant shall obtain Los Angeles County Health Department approvals as required by that agency. (r) Operational Standards: 1. Applicant shall comply with operating standards as prescribe by the Los Angeles County Business License and Diamond Bar Municipal Code Chapter 5.12 and 5.68 and conditions herein. 2. Owner, applicant, or manager shall not hire, employ, or allow a massage technician to operate from this Wellness Spa and/or Massage Establishment unless that person possesses a valid massage technician permit issued by Los Angeles County Business License. 3. Nurses and other persons without qualifications as massage technicians or persons not otherwise licensed to practice by the Medical Practices Act, whether employed by physicians, surgeons, acupuncturists, chiropractors, osteopaths, or physical therapist, may not give massages for a fee or other consideration without a massage technician permit issued by Los Angeles County. Exception granted for the above providing physical therapy treatments working under the immediate and direct supervision of a physician, surgeon, acupuncturist, chiropractor, osteopath, or physical therapist duly licensed to practice their respective profession in the State, while such licensed professional is present in the office or in accordance with such other State regulations that may be applicable. 4. Applicant shall post notices at the main entrance identifying the Health Spa and/or Massage Establishment that complies with the Planning Division and Los Angeles County Business License requirement. 5. Tattoos shall not be a part of the personal services without Planning Commission approval. 6. When massages are performed as ancillary to another use, no massage may be given unless the primary business is also open for business. All exterior doors shall remain unlocked from the interior side during business hours. 7. No alcoholic beverages shall be sold, serviced, furnished, kept or possessed on the premises. 8. The walls in all room where water or steam baths are given shall have a washable mold -resistant surface. 9. Each door to a room where massages are to be given shall have a window in the door which shall be a minimum of six inches by six inches and shall be located approximately five feet from the ground floor. Massage tables shall be placed in the room in such a way that they are visible from the window. 10. No doors, except exterior doors and storage room doors, shall be capable of being locked. 11. Clean and sanitary towels, sheets and linens shall be provided for each patron of the business. No common use of towels or linens shall be permitted. Heavy white paper may be substituted for sheets provided that such paper is used once for each person and then discarded into a sanitary receptacle. 12. Massages shall be administered only on standard or portable massage tables which are covered with a durable, washable plastic or other acceptable waterproof material. Beds, mattresses, water beds, futons and foam pads more than four inches thick or with a width of more than four feet shall not be used. 13. No person or persons shall be allowed to live inside the Wellness Spa and/or Massage Establishment at any time. 14. No electrical, mechanical or artificial device shall be used by the operator, manager, technician or any employee of the Wellness Spa and/or Massage Establishment for studio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in the massage rooms without the knowledge or consent of the customer. 15. If male and female patrons are to be treated simultaneously at the Wellness Spa and/or Massage Establishment, separate massage room or rooms, separate dressing facilities and separate shower, toilet and washing facilities shall be provided. 16. The Wellness Spa and/or Massage Establishment shall be supervised during all hours of operation by the owner, applicant or operator of the establishment or a specified manager. A massage technician can be both manager and technician. 17. The owner, applicant, or manager of the Wellness Spa and/or Massage Establishment shall provide the City with additional licenses and technicians who will be employed at the business. The City shall be notified of all changes within seven calendar days of such changes. 18. The owner, applicant, or manager of the Wellness Spa and/or Massage Establishment providing massage services shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage technicians administering such treatment. The record shall be open to inspection by officials charged with the enforcement of the provisions of the CUP for purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. 19. The facility shall comply with all state and federal laws and regulations for persons with a disability, including all applicable anti -discrimination laws. 20. Seated massage shall be offered in a public area only, to which all patrons and employees are provided free access. 21. The Wellness Spa and/or Massage Establishment shall not 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 that any service is available other than those services described in the application. The language in the text of such advertising shall not reasonably suggest to prospective customers that any service is available other than those services described in the application. 22. To assure patrons' health, safety, sanitation and comfort, all employees, massage technicians shall be clean and dressed when performing services upon the premises; the garments shall provide a complete covering by fully opaque material of the genitals, genital area, buttocks, and female breasts. All patrons shall be draped while receiving services. 23. This Massage Establishment shall not operate as a school of massage, or use the same facilities as that of a school of massage. 24. No massage room shall be equipped with tinted or "one-way' glass. (s) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (t) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Barco Real Estate Management, 1545 N. Verdugo Road, 4115, Glendale, CA 91208 and Adriana Herrera, 1160 South Diamond Bar Boulevard, Diamond Bar, CA 91766 APPROVED AND ADOPTED THIS 24th OF AUGUST 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Cly I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24th day of August 2004, by the following vote: AYES: Commissioners: McManus, Tye, Low, WC Tanaka NOES: ABSENT: Commission C/Nolan ABSTAIN ATTEST 1