Chapter 18.104
MASSAGE ESTABLISHMENTS
Sections:
18.104.020 Location restrictions on massage establishments.
18.104.040 Regulations nonexclusive.
18.104.050 Application to existing businesses.
18.104.010 Definitions.
(a) “Massage establishment” shall have the same definition set forth in SCCC 5.40.020. The exemptions under SCCC 5.40.060 apply to this chapter.
(b) “Massage establishment zoning verification” shall mean a written form completed by the Planning Division of the Department of Community Development verifying that the proposed massage establishment complies with SCCC 18.104.020. (Ord. 2006 § 8, 10-8-19).
18.104.020 Location restrictions on massage establishments.
No lot or parcel of property or any building or structure thereon, or any portion thereof, within the city, shall be used to operate as a massage establishment unless said lot, parcel, building or structure is located in one of the following:
(a) In a hotel with at least one hundred (100) guest rooms.
(b) In a commercial zoning district or planned development (PD) zoning district that allows for commercial use, and the location must also meet one of the following criteria, which must be confirmed by obtaining a massage establishment zoning verification from the Planning Division of the Department of Community Development:
(1) The massage establishment is located in a minimum ten acres size contiguously functioning mixed use or commercial site with shared parking and circulation and a minimum of twenty thousand (20,000) square feet of retail space; or
(2) The massage establishment is located in a wellness center of an employment center with five hundred (500) employees or more. (Ord. 2006 § 8, 10-8-19).
18.104.030 Violations.
(a) Any person operating or causing the operation of a massage establishment on any parcel in which no application for a massage establishment permit under Chapter 5.40 SCCC has been granted, or any person violating or causing the violation of any of the terms and conditions of the existing use permit (if applicable), shall be subject to the revocation/suspension of the massage establishment permit issued pursuant to Chapter 5.40 SCCC and may be subject to penalties pursuant to SCCC 1.05.070. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
(b) In addition to the remedies set forth in subsection (a) of this section, any violation of this chapter is hereby declared to constitute a public nuisance and may be abated or enjoined pursuant to Chapter 18.114 SCCC and any other applicable State or local laws relating to nuisance abatement.
(c) If a massage establishment permit is revoked, or not renewed as a result of violations of Chapter 5.40 SCCC or of this chapter, no massage establishment shall operate at that location for a period of five years from the date of revocation or nonrenewal. (Ord. 2006 § 8, 10-8-19).
18.104.040 Regulations nonexclusive.
The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the City Code and/or any other applicable regulations. (Ord. 2006 § 8, 10-8-19).
18.104.050 Application to existing businesses.
Any massage establishment in possession of a valid massage establishment permit issued by the Santa Clara Police Department on the effective date of this chapter, which becomes a nonconforming use by reason of the adoption of this chapter, shall be considered as a legal nonconforming use pursuant to Chapter 18.94 SCCC at its existing location as long as the massage establishment complies with all of the following:
(a) Meeting all requirements of Chapter 5.40 SCCC, and in possession of a current massage establishment permit issued by the Chief of Police;
(b) Compliance with all applicable building code regulations; and
(c) Free of repeated violations and/or criminal citations, as confirmed by the Santa Clara Police Department. (Ord. 2006 § 8, 10-8-19).