This article provides concentration, separation, spacing and distance, and operational standards for massage establishments in the City of Yorba Linda in order to maintain the City's character, the diversity and vitality of the community's commercial areas, and the quality of life of Yorba Linda residents.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
A. 
Massage establishments may be permitted in the C-N (Commercial Neighborhood) and C-G (Commercial General) zones subject to the issuance of a conditional use permit. Massage establishments shall not be permitted in any other zone.
B. 
A massage establishment shall not be located within 500 feet of any other massage establishment. The distance between massage establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of one massage establishment to the closest exterior wall of the other massage establishment.
C. 
The maximum number of massage establishments within the City of Yorba Linda shall not exceed one massage establishment for every 2,500 inhabitants of the City. For the purposes of this subsection, the total number of inhabitants of the City shall be determined by the most current published data available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the application is filed.
D. 
The massage establishment shall comply with all building and construction standards of the Uniform Building Code, Chapter 18.24 hereof, Title 24 of the California Code of Regulations, and all other Federal, State and City-adopted standards for the specific use.
E. 
The massage establishment shall be operated consistent with the floor plan approved by the City. No changes to the floor plan shall be implemented unless and until the changes have first been approved by the City.
F. 
The massage establishment shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
A. 
Inspections. The permittee shall permit officers of the City, the County of Orange, and each of their authorized representatives to conduct unscheduled inspections of the premises of the massage establishment for the purpose of ensuring compliance with the law at any time the massage establishment is open for business or occupied.
B. 
Revocation Grounds. In addition to the revocation procedure set forth in Section 18.36.275 of this title, the Director of Community Development may revoke a conditional use permit for a massage establishment pursuant to the procedure set forth in this section when he or she discovers that any of the following have occurred:
1. 
Any of the requirements contained in Section 18.20.992 above is violated;
2. 
The application for the conditional use permit contains incorrect, or false information;
3. 
The permittee or any of the permittee's agents or employees have violated a local, State, or Federal law or regulation applicable to massage establishments, including, without limitation, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq., as amended from time to time or replaced by a successor statute) and the City's business licensing regulations for massage businesses (Chapter 5.20 of the Yorba Linda Municipal Code); or
4. 
The permittee or any of the permittee's agents or employees has violated a local, State, or Federal law or regulation that is substantially related to the qualifications, functions, or duties of a person who provides massage services for compensation or oversees a business that provides massage services for compensation, including without limitation conviction for an act punishable as a sexually related crime, such as Penal Code Sections 266h, 266i, 314, 315, 316, 318, and subsections (a), (b) or (d) of Penal Code Section 647, as amended from time to time or replaced by a successor statute.
C. 
Revocation Notice. Upon determining that the grounds for permit revocation exist, the Director of Community Development shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation, shall state that the permittee must request a public hearing within 15 calendar days of the postmarked date on the notice, and shall be delivered both by posting the notice at the location of the massage establishment and by sending the same, certified mail, return receipt requested and postage prepaid, addressed to the permittee as that name and address appears on the permit. Within 15 calendar days after the latter of the mailing or posting of the notice, the permittee may file a request for public hearing with the City Clerk. If the request for a public hearing is filed within 15 calendar days of the mailing or posting of the notice, referenced above, the hearing shall be provided as contained in subsection D.
D. 
Revocation Hearing. Upon receipt of a written request for a public hearing, the Director of Community Development shall provide to the permittee a list of five names of potential hearing officers. The applicant shall select one name from the list, which person shall be the appointed hearing officer for the hearing. The permittee shall have opportunity, but not the obligation to pay 50 percent of the hearing officer's fee. The selected hearing officer shall conduct a hearing within 30 calendar days of receipt of such request. Notice of the public hearing shall be in accordance with Section 18.36.700 of this title. Notice of the time and place of the hearing shall be sent to the permittee via certified mail, return receipt requested and postage prepaid at least 15 calendar days in advance of the date set for the public hearing. At the public hearing, the permittee and the City shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The public hearing officer shall not be bound by the traditional rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.
E. 
Ruling. Within 10 calendar days of the termination of the hearing, the hearing officer shall make a decision on whether the grounds for revocation exist and shall submit a written report to the City Manager. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the City Manager on whether the permit is to be revoked. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of such report shall be forwarded by certified mail, return receipt requested and postage prepaid, to the permittee on the day it is filed with the City Clerk. If the hearing officer determines that any grounds for revocation exist, as provided in subsection B above, the City Manager, based upon the report of the hearing officer, or if no hearing is conducted, based upon the report of the City staff, shall immediately revoke the permittee's Conditional Use Permit. The decision shall be final.
F. 
Maintenance of Status Quo. The status quo shall be maintained pending conclusion of the revocation hearing. If a judicial action is commenced challenging the revocation, the status quo shall be maintained until such time as a judicial decision is rendered from the court in which the action is filed.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)
Any massage establishment operated, conducted or maintained contrary to the provisions of local, State or Federal law, including, without limitation, this zoning ordinance, the California Massage Therapy Act (Business and Professions Code Section 4600 et seq., as amended from time to time or replaced by a successor statute) and the City's business licensing regulations for massage businesses (Chapter 5.20 of the Yorba Linda Municipal Code) is unlawful and a public nuisance. In addition to any other penalty authorized by law, this zoning ordinance, or the Yorba Linda Municipal Code, the City Attorney may 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 establishment and restrain and enjoin any person from operation.
(Ord. 2014-1008 § 2; Ord. 2019-1056 § 3)