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16.326 MASSAGE ESTABLISHMENTS
B. Development Standards
1. Manufactured homes placed on any lot zoned for single-unit use shall be subject to all applicable provisions of the Zoning Code and shall have a minimum width of 20 feet; 2. Covered parking and storage buildings shall have the same architectural treatment as the main structure; 3. Siding and roofing materials shall be compatible with the surrounding architecture; and 4. Eaves shall extend to provide appropriate solar screening and to be compatible with adjoining architecture. 5. Roof material shall consist of material customarily used for conventional single-unit dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than 3 inches vertical to 12 inches horizontal. 6. The unit’s skirting must extend to the finished grade.
A manufactured home having no permanent foundation system shall be placed in a mobile home park. Mobile home parks shall meet the standards and conditions of the mobile home park standards of Chapter 16.328, Mobile Home Parks, and any other requirements adopted by the City Council.
16.326.01 PURPOSE AND APPLICABILITY
These provisions ensure the orderly regulation of massage services and protect the public’s health and safety, by establishing certain standards pertaining to massage business activities. Massage therapy is recognized as a legitimate business occupation and health-related service.
16.326.02 PERMITS REQUIRED
Massage establishments are subject to the requirements of this Chapter and to the requirements of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments. Except for massage services that are deemed to be an accessory use, it shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in the application of massage or the operation of a massage service without having obtained certification from the California Massage Therapy Council (CMTC) and approval of a Discretionary Permit as prescribed in, Part II, Base and Specific Districts.
A. Zoning Compliance Review Required. A massage establishment with 2 or fewer practitioners shall require a Zoning Compliance Review, pursuant to
Chapter 16.603, Zoning Compliance Review. B. Major Use Permit Required. A massage establishment with more than 2 practitioners shall required a Major Use Permit, as prescribed in Chapter 16.606, Minor and Major Use Permits. C. Massage accessory to certain uses. Massage is deemed to be an accessory use and does not require a Zoning
Compliance or a Major Use Permit when performed:
1. In an athletic club or similar facility authorized under the Zoning Code; 2. In an office that is an integral part of and operated by a hospital, convalescent home, sanitarium, medical clinic, medical laboratory, medical education facility, or other medical facility licensed as such by the state or other competent and lawful authority and under the direction of a licensed medical practitioner; or 3. By a barber or cosmetologist who is duly licensed and performing massage within the scope of that license.
D. Not Applicable to Massage Conducted as Homebased business. These provisions do not apply to massage operators who have been approved subject to Chapter 16.321, Home-Based Businesses and are operating in compliance with all applicable requirements, including CMTC certification.
16.326.03 APPLICATION REQUIREMENTS
In addition to any other information required by Chapter 16.603, Zoning Compliance Review and Chapter 16.606, Minor and Major Use Permits, the application for establishment of a massage establishment that is not accessory to medical, clinical or athletic facilities as described above, shall include all of the following information:
A. The nature of the massage to be administered; B. The name, address, and CMTC certificate number for each massage practitioner; C. The name and address of the massage school attended by each massage practitioner who will be performing services in the business; D. The names and addresses of any businesses previously operated by the applicant; E. Floor plans identifying the number of treatment rooms and waiting room square footage; and F. A statement that the proposed establishment will not be an Adult Use as defined and described in
Chapter 16.304, Adult Use Regulations.
16.326.04 FACILITY LOCATION AND OPERATING REQUIREMENTS
A. Locational Limitations. Massage establishments shall not be within 500 feet from other massage establishments or less than 1,000 feet from a school or park. B. Hours of operation. Hours of operation are limited to 7 a.m. to 9 p.m., 7 days a week unless otherwise specified. C. Transparency required. Every massage establishment shall have windows facing the public right-ofway that are transparent to allow a clear view into the establishment and shall not be obscured with blinds, shades, drapes, or blocked by furniture. D. Display of Massage Therapy Office Zoning Approval.
Every massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services have obtained zoning approval and hold a valid license under Vallejo Municipal Code Section 5.04.
16.326.05 OWNER AND OPERATOR RESPONSIBILITY
For the purpose of enforcing the requirements of this Chapter, all owners and operators of any non-exempt massage business or establishment shall be responsible for the conduct of all of their employees, agents, independent contractors or other representatives, while on the premises of the business or establishment or providing massage therapy. The operator shall maintain a register of all persons employed as massage practitioners and their permit number. The register shall be available for inspection at all times during regular business hours.
16.326.06 ENFORCEMENT
The City may revoke, restrict, or suspend zoning approval for any violation of this Chapter or of the Vallejo Municipal Code Section 5.04.205, Massage and related, massage establishments, as provided for in Chapter 16.615, Enforcement and Abatement.
