Agenda Report — Cerritos City Council, September 28, 2026

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BACKGROUND
Cerritos SA
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CIVIC CENTER• 18125 BLOOMnELD AVENUE 1111
*****
P.O. BOX 3130 • CERRITOS, CALIFORNIA 90703-3130 ,!)
PHONE: (562} 860-031 I • CERRITOS.GOV

AGENDA REPORT
Honorable Mayor and Members of the City Council
Robert A. Lopez, City Manager1-Al-,
Kristin Aguila, Assistant City Manager\"Q: .. Oo,
Sabrina Chan, Director of Community~ ment~
Amanda Acuna, Current Planning Manage
Jeremy Loh, Senior Planner jC.

Wyman Wong, Associate PlannerWVJ(st<.,J
Stacy Lee, Associate Planner<;A., September 28, 2026
2008
Recommendation by the Cerritos Planning Commission, on a vote of 5-0, to approve the following:

Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CERRITOS CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2026-3, A REQUEST

BY THE THAI MASSAGE STUDIO LLC, TO PERMIT A MASSAGE

ESTABLISHMENT USE WITH STATE-CERTIFIED MASSAGE
THERAPISTS AT 11325 183RD STREET, CERRITOS,
CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED
REGIONAL COMMERCIAL (CR) (APN 7034-015-032).*
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA Review.

On September 2, 2026, the Planning Commission voted 5-0 to recommend that the City Council approve Conditional Use Permit 2026-3 (CUP 2026-3), a request by Wiphada Footham to permit a massage establishment use, The Thai Massage Studio LLC, with California State-certified massage therapists, at 11325 183rd Street, Cerritos, California, 90703. The subject property is zoned Regional Commercial (CR). Previously, the subject site was occupied by Lemon Tree Spa, which was approved under Conditional Use Permit 2010-5. The current tenant space has been vacated, and Lemon Tree Spa is no longer operating at this location.

Massage establishments are permitted as a conditional use in the Regional Commercial (CR) zone and are regulated by Chapter 5.22 of the Cerritos Municipal Code (See Exhibit 11, Chapter 5.22 - Massage Establishments). The applicant has indicated that all LYNDA P. JOHNSON
MAYOR
MARK E. PULIDO

MAYOR PRO TEM

JENNIFER HONG

COUNCILMEMBER
SOPHIA M. TSE

COUNCILMEMBER

FRANK AURELIO YOKOYAMA

COUNCILMEMBER
2 The Thai Massage Studio LLC - 11325 183rd Street
Conditional Use Permit 2026-3
September 28, 2026

Page 2 ends

massage therapists at The Thai Massage Studio LLC will be State of California-certified massage therapists in accordance with Cerritos Municipal Code requirements.

Location, Zoning and Surrounding Land Uses
The subject site is located within the Cerritos Triangle shopping center, at 11325 183rd Street, Cerritos, California, 90703, and is zoned Regional Commercial (CR). The subject property is bordered on the north and east by a Los Angeles County Metropolitan Transportation Authority (LA Metro) owned railroad easement zoned Open Space (OS), beyond which exists residential uses zoned RS-5000; on the west by the Plaza 183 shopping center, which is a regional shopping center zoned Regional Commercial (CR); and on the south by 183rd Street, an 80-foot-wide arterial street, across which is the Los Cerritos Center and other existing regional commercial and office uses, zoned Regional Commercial (CR) (see Exhibit 2, Zoning and Location Map). The subject tenant space is an existing 2,010-square-foot in-line tenant space that recently became available for lease (see Exhibits 4 through 6, Existing Property Conditions, Exhibit 7, Site Plan, and Exhibit 8, Floor Plan).

ANALYSIS
As previously mentioned, the applicant is requesting conditional use permit approval to operate a massage establishment in an existing commercial tenant space inside an existing commercial shopping center. Massage establishments are permitted as a conditional use in the Regional Commercial (CR) zone and are regulated by Chapter 5.22 of the Cerritos Municipal Code. Previously, a permitted massage establishment was operating at the existing tenant space, which will be replaced by The Thai Massage Studio LLC.

Senate Bill 731 (2008)
In 2010, an amendment to Chapter 5.22 of the Cerritos Municipal Code was adopted in order to make the City's regulation of massage establishments and massage technicians consistent with the requirements of Senate Bill (SB 731), which provides for optional State certification of massage therapists. SB 731, which took effect September 1, 2009, preempts any local permit process for massage therapists who elect to become Statecertified. Accordingly, massage establishments that only employ massage technicians that have been previously screened and licensed by the State are not required to obtain a City issued operator's permit to conduct business or a massage technician permit to lawfully perform massage therapy in the City. However, massage establishments are still required to obtain conditional use permit (CUP) approval as required by the applicable zoning regulations. Conditional use permits for massage establishments are nontransferrable, and so a change in ownership requires the new owner or new establishment to obtain a new CUP, and any other relevant licenses and permits including a City of Cerritos Business License.

The City's massage ordinance, as amended in 2010, limits the City to regulating land use and zoning, business license, and reasonable health and safety requirements.

Reasonable health and safety requirements include, but are not limited to, cleanliness of 3 The Thai Massage Studio LLC - 11325 183rd Street
Conditional Use Permit 2026-3
September 28, 2026

Page 3 ends

rooms, cleanliness of towels and linens, and reasonable attire and personal hygiene requirements.

Proposed Massage Establishment
The applicant is proposing a full-service massage establishment, offering foot and body massage services in addition to facial services. As previously mentioned, there was an approved massage establishment at the subject location offering similar massage services by State-certified technicians, which was approved by the City Council under Conditional Use Permit 2010-5. No prior issues and/or complaints were observed or reported to the City of Cerritos for the previous massage establishment.

The applicant is proposing to use the tenant space as it currently exists, with no alterations planned at this time. The applicant intends to install a new business identification sign at the store frontage and remove existing curtains from the storefront windows to maintain visibility into the front reception and waiting area. In the existing lease space, there are six (6) individual massage rooms and tables, a laundry room, a restroom, and the front lobby and waiting area. The applicant intends to provide professional massage services to release tension, reduce stress, and provide relaxation for customers. The applicant has submitted a menu of services and proposed hours of operation, which will be Monday to Thursday from 10:00 a.m. to 8:00 p.m. and Friday to Sunday from 10:00 a.m. to 8:30 p.m. (see Exhibits 9 and 10, Menu of Services).

Applicant Wiphada Footham is a State of California-licensed massage therapist, and has indicated that she will hire and work only with State of California-certified massage therapists. Project-Specific Condition of Approval No. 59 requires the applicant to submit to the City of Cerritos a copy of each therapist's valid State of California Massage Therapist identification card and a valid California Department of Motor Vehicles driver's license or identification card within five (5) days of the date of hire (see Exhibit 12, Conditions of Approval).

CEQA COMPLIANCE
The project has been evaluated in accordance with the California Environmental Quality Act (CEQA) and the City's Environmental Guidelines. The Cerritos Department of Community Development has determined that the proposed project is exempt from CEQA review, pursuant to Section 15301 of the State CEQA Guidelines. Specifically, CEQA's Article 19, Categorical Exemptions, Section 15301, Class 1, addresses those exemptions related to existing facilities. The project site is an existing commercial retail shopping center building, and the proposed project will not involve an expansion of the building nor any interior improvements to the existing tenant space. Example (a) in Section 15301 states that interior alterations such as interior partitions, plumbing, and electrical conveyances have been determined not to have a significant effect on the environment and therefore, qualify as a categorical exemption from the provisions of CEQA.

Furthermore, the proposed project (i) by virtue of its location, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same 4 The Thai Massage Studio LLC - 11325 183rd Street
Conditional Use Permit 2026-3
September 28, 2026

Page 4 ends

place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.

PUBLIC NOTICE
A notice of a public hearing regarding this item was mailed to owners of property within five hundred (500) feet of the subject property on September 18, 2026, at least ten (10) days prior to the public hearing on September 28, 2026, as required by the Cerritos Municipal Code. Notices were also posted at the City's four (4) designated posting boards on September 18, 2026.

FINDINGS
The Planning Commission has made the following findings related to Conditional Use Permit 2026-3:

1. The proposed conditional use permit conforms with the Cerritos General Plan. The subject property is designated in the City's General Plan as Regional Commercial (CR), which is intended for commercial, retail, and residential uses. Goal LU-2 of the 2004 General Plan calls for a balance of land uses, and the proposed project meets this goal by maintaining consistency with the adopted land use plan, which was designed to maintain a balance between residential, commercial, and industrial land uses. Goal LU-3 of the 2004 General Plan calls for promoting and assisting in the growth and vitality of commercial centers, and the proposed project meets this goal by maintaining the use in an available tenant space in an existing shopping center.

2. The proposed conditional use permit conforms with the applicable land use zone.

The subject property is zoned Regional Commercial (CR), and the proposed project will be a massage establishment, which is listed as a conditionally permitted use in said zone in accordance with Chapter 5.22 and Chapter 22.27 of the Cerritos Municipal Code. The proposed project meets the intensity and site development standards set forth in the Cerritos Municipal Code for this zone.

Accessibility within and around the subject site will be provided by vehicular driveways and pedestrian pathways in accordance with the Los Angeles County Building Code, which is adopted by reference in the Cerritos Municipal Code and which contains minimum requirements for site accessibility consistent with the 1990 Americans with Disabilities Act (ADA).
5 The Thai Massage Studio LLC - 11325 183rd Street
Conditional Use Permit 2026-3
September 28, 2026

Page 5 ends

4. The site for the proposed use has adequate access to utilities and other services required for the proposed use. The subject property is currently connected to existing electrical, water, sewer, and stormwater lines, all of which will be required for the function of the proposed use.

5. The proposed use will be arranged, designed, constructed, operated and maintained, as to be compatible with the intended character of the area and will not change the essential character of the area from that intended by the Cerritos General Plan and the applicable land use zone. The subject property meets the site development standards of the CR zone governing arrangement, design, and construction. The proposed use is consistent with the stated character of the Regional Commercial land use zone, as it is a professional service business.

6. The conditions of approval attached to this report are necessary to implement the intent and purpose of the Cerritos Municipal Code. Said conditions of approval clarify such areas as operation, maintenance, and the type and location of various site elements.

7. Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, the proposed project is exempt from CEQA review. Any potential adverse impact can be reduced to a level of insignificance through the standards of development included in the Development Code, the City's precise plan and design review process, other Municipal Code requirements, and the conditions of approval of Conditional Use Permit 2026-3. Furthermore, the proposed project (i) by virtue of its location, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.

RECOMMENDATION
The Planning Commission recommends the following to the City Council:

1. Review and discuss Conditional Use Permit 2026-3 and conduct a public hearing; and

2. Waive full reading of and adopt a resolution captioned as follows, approving Conditional Use Permit 2026-3:

A RESOLUTION OF THE CERRITOS CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2026-3, A REQUEST BY THE THAI

MASSAGE STUDIO LLC, TO PERMIT A MASSAGE ESTABLISHMENT
USE WITH STATE-CERTIFIED MASSAGE THERAPISTS AT 11325
183RD STREET, CERRITOS, CALIFORNIA, 90703. THE SUBJECT
6 The Thai Massage Studio LLC - 11325 183rd Street
Conditional Use Permit 2026-3
September 28, 2026

Page 6 ends

PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7034-
015-032).

1. Proposed City Council Resolution - Conditional Use Permit 2026- 3

2. Zoning and Location Map

3. Aerial Map

4. Existing Property Conditions

5. Existing Property Conditions

6. Existing Property Conditions

7. Site Plan

8. Floor Plan

9. Menu of Services Page 1

10. Menu of Services Page 2

11. Chapter 5.22 - Massage Establishments

12. Conditions of Approval

13. Planning Commission Resolution - Conditional Use Permit 2026-3

14. September 2, 2026, Planning Commission Unofficial Minutes Excerpt 7 CITY OF CERRITOS
RESOLUTION NO. 2026-_

A RESOLUTION OF THE CERRITOS CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2026-3, A REQUEST BY THE THAI

MASSAGE STUDIO LLC, TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE-CERTIFIED MASSAGE THERAPISTS AT 11325 183RD
STREET, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7034-015-032). WHEREAS, an application for a development proposal has been duly filed by:

The Thai Massage Studio LLC
Attn: Wiphada Footham
250 Pacific Ave, Apt 436,
Long Beach, CA 90803
WHEREAS, a proposal has been submitted requesting conditional use permit approval to permit a massage establishment use with state-certified massage therapists at 11325 183rd Street, Cerritos, California, 90703; and
WHEREAS, the property in question is described as follows:

See attached
WHEREAS, a public hearing to consider said application was set and held before the Planning Commission on the 2nd day of September 2026 at the hour of 7:00 p.m., and appropriate testimony and comments have been made a part of the record; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 2, 2026, and after receiving the staff report, hearing all testimony, and considering all the evidence, adopted Resolution No. PC 2026-25 recommending approval of Conditional Use Permit 2026-3; and
WHEREAS, a public hearing to consider said application was set and held before the Cerritos City Council on the 28th day of September 2026 at the hour of 7:00 p.m., and notice of the hearing was duly given.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CERRITOS does find, determine and declare:

SECTION 1. All of the above recitals are incorporated herein. SECTION 2. The City Council makes the following findings:

1. The proposed conditional use permit conforms with the Cerritos General Plan.

The subject property is designated in the City's General Plan as Regional Commercial (CR), which is intended for commercial, retail, and residential uses. Goal LU-2 of the 2004 General Plan calls for a balance of land uses, and the proposed project meets this goal by maintaining consistency with the adopted land use plan, which was designed to maintain a balance between residential, commercial, and industrial land uses. Goal LU-3 of the 2004 EXHIBIT 1
Proposed City Council Resolution
Conditional Use Permit 2026-3
8 General Plan calls for promoting and assisting in the growth and vitality of commercial centers, and the proposed project meets this goal by providing a new use in an available tenant space in an existing shopping center.

2. The proposed conditional use permit conforms with the applicable land use zone.

3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and potential surrounding uses. The subject use is proposed inside an existing commercial shopping center and is sufficient in size to accommodate the proposed massage establishment, given that a similarly approved use previously occupied the subject location. Accessibility within and around the subject site will be provided by vehicular driveways and pedestrian pathways in accordance with the Los Angeles County Building Code, which is adopted by reference in the Cerritos Municipal Code and which contains minimum requirements for site accessibility consistent with the 1990 Americans with Disabilities Act (ADA).

5. The proposed use will be arranged, designed, constructed, operated and maintained, as to be compatible with the intended character of the area and will not change the essential character of the area from that intended by the Cerritos General Plan and the applicable land use zone. The subject property meets the site development standards of the CR zone governing arrangement, design, and construction. The proposed use is consistent with the stated character of the CR land use zone, as it is a professional service business.

6. The associated conditions of approval are necessary to implement the intent and purpose of the Cerritos Municipal Code. Said conditions of approval clarify such areas as operation, maintenance, and the type and location of various site elements.

Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
9 SECTION 3. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the Cerritos City Council approves Conditional Use Permit 2026-3 and all related conditions of approval.

PASSED, APPROVED and ADOPTED this 28th day of September 2026.

Lynda Provido Johnson, Mayor
ATTEST:

Cynthia Nava, City Clerk
10 Legal Description
All that real property situated in the City of Cerritos, County of Los Angeles, State of California, described as:

Parcel 1: Parcels 1 and 2 of Parcel Map No. 11677, in the City of Cerritos, County of Los Angeles, State of California, as shown on map filed in Book 161, Pages 95 and 96 of Parcel Maps, in the office of the County Recorder of Los Angeles County, State of California.

Parcel 2: That portion of Parcel 4 described in the easterly 40.00' of Parcels 1 of Parcel Map No. 11677, as shown on map filed in Book 161, Pages 95 and 96 of Parcel Maps, in the office of the County Recorder of Los Angeles County, State of California. 11 RS-5000
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Disclaimer: The City of Cerritos has provided this map to give a visual display of GlS data compiled from numerous sources. To ensure absolute accuracy, please consult with City Staff for updated Information.

EXHIBIT 2
Aerial Map
Conditional Use Permit 2026-3
Exhibit 2
12 Disclaimer: The City of Cerritos has provided this map to give a visual display of GIS data complied from numerous sources. To ensure absolute accuracy, please consult with City Staff for updated Information, EXHIBIT 3
Aerial Map
Conditional Use Permit 2026-3
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PROJECT-SPECIFIC

CONDITION OF APPROVAL
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EXHIBIT 4
Existing Property Conditions
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EXHIBIT 5
Existing Property Conditions
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Existing Property Conditions
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LAUNDRY
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MASSAGE ROOM
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Floor Plan
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MENU / PRICE LIST
. ' I Office Syndrome Relief 0 ,,1~ ,: .• 1.;1
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30 Min Back Focus Offi<:.c Synd~ (Only badr.) S55
60 Min Back Focus Office Sync!-(Only back) S85
:,. .. 60 .\1in Massage with AmmJ Oilt
DttpTISSUC S75
llni Combination S75
S-.iishM~ S75
11w TnJ;1;.,n M:uuge (No Oil) S8S
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Prcnaral ~gc: 7S Min
Prenwl Musage90 Min
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Th..i Comhina1io<> SJSO S220
S-1ish~ Sl50 S220
'Jl,,i Tra,im, ~la,cr i'ioOi) SJ70 S250
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EXHIBIT9
Menu of Services Page 1
Conditional Use Permit 2026-3
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ACNE TREATMENT
Deep cleansing lacYI 10 trONOI acne. unclog pores.
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OXYGEN FACIAL
A •-•• lizing lre~..,.,.I tNI helps c~ar cor,ae>ted Po<M. control x ne. and relresh I.wed. dull •Jun. Deeply hydrates and reslores ,a he.althy. rad"'"! a.ow
SEA C SPA (BRIGHTENING fACIAL)
A briat,c~ and anti•aging l<NllnN\t enriched w,lh V.tamin C 10 ,mp,ow .i. ... 1one. reduce dMk t,pOl._ and l>oo<t redo.nee.

HC!lps support slun n,newal and restore • ti...tth)I.
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COLLAGEN FACIAL
An edvM>Ced ,.,,._1,ng O-eat.,,.,nl de~ 10 ,mp,ove
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RETINOL FACIAL
AA _,,,o,,ced anl•·a&"'I 0-Nlment INI ~ ,mpra,,e slu<!
le><tu<e. -th,_ l,nes. and p,omole «I renewal
Le,ov,e-s tho> s1>n '""""'· c learer, and ..-e youthful•foolung. !,. fOR B{ST RESULTS. MVL TIPlE TRCATMfNTS .AR£ R[ COMMCNO[ O /TIN,_..,_ may•"')' bltwd on yow s1,., cond,f,on at>d ntt</s.l 0 STARTING AT
S80+
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EXHIBIT 10
Menu of Services Page 2
Conditional Use Permit 2026-3
20 5.22.005
Chapter 5.22

MASSAGE ESTABLISHMENTS
Sections:

5.22.005

5.22.010 5.22.015

5.22.020 5.22.025

5.22.030 5.22.035

5.22.040

5.22.045 5.22.050

5.22.055 5.22.060 5.22.065 5.22.070 5.22.075

5.22.080

5.22.085 5.22.090

5.22.095

5.22.100 5.22.200

5.22.300
Findings and purpose.

Definitions.

Operator's permit required.

Application for operator's permit.

Operator's permit issuance and
denial.

Massage technician permit required.

Massage technician identification
card.

Application for massage technician
pennit. Massage technician permit issuance
and denial.

Off-premises massage permit.

Requirements of operation.

Changes of business.

Massage services in athletic clubs. Massage services in hotels.

Transfer and duration of permits.

Application to existing businesses and
technicians.

Suspension, revocation, denial and
appeal.

General exemptions from chapter,
Exemption for MTO certificate
holder(s )-Applicable regulations.

Fees.

Violation and penalty.

Severability.

5.22.005 Findings and purpose.

The city council finds and declares as follows:

A. The permit requirements and restrictions imposed
by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.

B. There is a significant risk of injury to massage clients by improperly trained and/or educated massage technicians and this chapter provides reasonable safeguards against injury and economic loss.

C. The regulations and restrictions contained in this
chapter tend to discourage massage establishments from
degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved. This chapter is intended to provide for the orderly regulation of persons and establishments engaged in the practice of massage
therapy, as defined in this chapter, in the interest of the public health, safety and welfare. The city of Cerritos wishes to both recognize the practice of massage therapy (Cerritos 5• ID) 74
as a valid professional field and to discourage the use of massage therapy as a subterfuge by persons with criminal tendencies to violate subdivision (a) or (b) of Section 647 of the California Penal Code or to commit other unlawful activity.

D. This chapter is enacted pursuant to the provisions
of Sections 51030 through 51034 of the California Government Code, Sections 4600 through 4620 and 16000 of the California Business and Professions Code, and Article XI, Section 7 of the California Constitution.

E. The provisions of-this chapter are not intended to be exclusive and compliance with this chapter shall not
excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses, including but not limited to all zoning regulations, business license provisions, building code, and fire, electrical, plumbing and health and safety code laws and regulations applicable to professional or personal services businesses.

F. By adopting this chapter, the city of Cerritos does
not intend to regulate in any area preempted by s'tate or local law, including but not limited to, Chapter I 0.5 ( commencing with Section 4600) of Division 2 of the California Business and Professions Code. (Ord. 953 § 1, 2010:

Ord. 803 § 1 (part), 1999)
·s.22.010 Definitions.
• Unles!, the particulru- provision of the context otherwise requires, the definitions and provisions contained in t~is section sh<)-11 g;,Jin~the construction, meaning, and ~pplic~ti<?n of words'a'.1'!,cfphrases used in this chapter. ""City" means tffe city of Cerritos.
"City council" means the city council of the city of
Cerritos.
"City manager" means the city manager of the city of
Cerritos, or his/her designated representative.
"Conviction" or "convicted" means a plea or verdict of
guilty or a conviction following a plea of nolo contendere. "Customer area" means areas open to customers of the
establishment.
"Health department" means the Los Angeles County
department of health services.
"Manager" means the person(s) designated by the
operator of the massage establishment to act as the representative and agent of the operator in managing day-today operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also EXHIBIT 11
Chapter 5.22 - Massage Establishments
Conditional Use Permit 2026-3
(
(
(
21 (
(
(
be an owner. A manager must meet the standards and
qualifications of Section 5.22.030 et seq. to qualify as a manager and obtain a technician permit.
"Massage" means any method of treating the external
parts of the body for remedial, hygienic, relaxation or any other reason or purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice.
"Massage establishment" means any business conducted within the city of Cerritos where any person, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be conducted or carried on, for money or any other consideration, the administration to another person of a massage. "Massage practitioner" means any person to whom a
massage therapy organization (MTO) certificate has been issued pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code, or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code, and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the terms "bodywork practitioner" or "massage and bodywork practitioner" shall have the same meaning as
"massage practitioner."
"Massage technician" means any person who administers to another person a massage for any form of consideration. The terms "massage therapist" and "massage practitioner" are included within this definition for purposes of this chapter. "Massage therapist" means any person to whom a
MTO certificate has been issued pursuant to subdivision ( c) of Section 460 I of the California Business and Professions Code and who is engaged in the practice of massage therapy for compensation. As used in this chapter, the
terms "bodyworker," "bodywork therapist," or "massage
and bodywork therapist" shall have the same meaning as
"massage therapist."
"MTO" means the massage therapy organization (also
known as the California Massage Therapy Council)
established in accordance with Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.
"MTO certificate" means the certificate issued by the
massage therapy organization to massage therapists pursuant to subdivision (c) of Section 4601 of the California Business and Professions Code, and to massage practitio74-1

5.22.020
ners pursuant to subdivision (b) of Section 4601 of the California Business and Professions Code or subdivision (a) or (c) of Section 4604 of the California Business and Professions Code.
"Operator" means all persons who have an ownership
interest in the massage establishment and are responsible for its day-to-day operations.
"Operator's permit" means the permit required pursuant to the provisions of this chapter to operate or manage a massage establishment.
"Owner" means the individual(s) whose name appears
on the city business license.
"Person" means any individual, or corporation, partnership, association or other group or combination of individuals acting as an entity.
"Recognized school of massage" means any school or
institution of learning which teaches, through state-certified instructors, the theory, ethics, practice, profession, or work of massage, which school or institution complies
with the California Education Code Section 94310 or
94311, and which requires a resident course of study
before the student shall be furnished with a diploma or certificate of graduation. Schools offering a correspondence course not requiring actual attendance shall not be deemed recognized schools.
"Sheriff' means the designated representative of the
Los Angeles County sheriff's department.
"Sheriff's department" means the sheriffs department
of the county of Los Angeles.

For purposes of this chapter, the term "employee"
shall include independent contractors. (Ord. 953 § 2,
2010: Ord. 803 § I (part), 1999)

5.22.015 Operator's permit required.

Unless exempt under Section 5.22.090 or 5.22.095, no
person shall operate a massage establishment within the city without first obtaining and maintaining a valid operator's permit pursuant to Sections 5.22.020 and 5.22.025 of this chapter, securing and maintaining a valid business license as required by this code, and complying with Title 22 of this code. (Ord. 953 § 3, 2010: Ord. 803 § 1 (part), 1999)

5.22.020 Application for operator's permit.

A. Any person desiring an operator's permit for a
massage establishment shall file a written application on the required form with a representative of the Los Angeles County sheriff's department who shall conduct an investigation. The application shall be accompanied by
the appropriate filing fee established by resolution of the city council. The application shall be completed and
signed by the operator of the proposed massage establish- (Cerritos 5-10)
22 5.22.020
ment if a sole proprietorship; all general partners if the operator is a partnership; aJI officers or all directors if the operator is a corporation; and all participants, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless
and until such permit has been issued. The application
shall contain or be accompanied by the following information:
l. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of
each of its current officers and directors, and of each stock.holder holding more than ten percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged.

2. The precise name under which the massage establishment is to be conducted.

3. A detailed description of the manner of providing
the proposed services, including types of services and the number of persons engaged in the services.

4. The complete address and all telephone numbers of
the massage establishment.

5. Hours of operation.

6. A location and floor plan showing where the massage services are proposed to be conducted within the building and for off-premises services, a statement of the location and address of the premises where services are arranged or scheduled and a description of the process for providing off-premises services and description of the
off-premises locations for such services.

7. A complete current list of the names and residence
addresses of all proposed massage technicians and
employees in the massage establishment and the name
and residence addresses of the manager or managing
employee proposed to be principally in charge of the
operation of the massage establishment.
(Cerritos 5-10) 74-2

8. A description of any other business operated on the
same premises, or within the city or the state of California which is owned or operated by the applicant.

9. For a renewal application, the applicant in addition to the information requested in the immediately proceeding and following sections shall indicate any changes since the filing of the initial application.

10. The following personal information concerning
the applicant:
a. Full complete name and all aliases used by the
applicant;
b. Current address and all previous residence
addresses for five years immediately preceding the
present address of the applicant;
c. Acceptable proof that the applicant is at least eighteen years of age ; d. Height, weight, color of hair, eyes and gender;
e. Two front-faced portrait photographs taken by and
in the manner prescribed by the Los Angeles County sheriffs department; f. The applicant's complete business, occupation and
employment history for five years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the app~icant; g. The complete massage permit history of the applicant; whether such person has ever had any permit or license issued by any agency, board, city, county, terri-· tory or state; the date of issuance of such a permit or license, whether the permit or license was denied,
revoked or suspended; or if a vocational or professional license or permit was denied, revoked or suspended; and the reason therefor;
h. All criminal convictions, including pleas of nolo
contendere, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor; i. A complete set of fingerprints taken by and in the
manner prescribed by the Los Angeles County sheriffs
department.

11. The name and address of the owner and lessor of
the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property.

12. Authorization for the city, its agents and employees to seek verification of the information contained in the application.
(
(
23 (
(
(

13. Such other identification and information as the
sheriff's department may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

14. A statement in writing and dated by the applicant
that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

15. If, during the term of a permit, the permit holder
has any change in information submitted on the original or renewal application, the permit holder shall notify the city of such change within ten business days thereafter, in writing.

16. An applicant shall designate on the application
whether he or she will operate off-premises. This information shall be included on the pennit.

B. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 4, 2010; Ord. 803 § 1 (part), 1999)

5.22.025 Operator's permit issuance and denial.

A. Upon receipt of a completed written application
for a permit, the Los Angeles County sheriffs department shall conduct an investigation to ascertain whether such permit should be issued as requested. The sheriff's
department shall, within ninety days of receipt of a completed application, recommend approval, conditional approval or denial of the application and notify the city of its determination. The ninety-day period may be extended for up to thirty additional days, if necessary, to complete the investigation. The city shall issue such permit as
requested, unless it makes any of the following findings:

1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage
establishment, has preceding the date of the application:
a. Been convicted of a violation of the California
Penal Code Sections 266h, 266i, 314,315,316,318, subsections (a) or (b) of Penal Code Section 647 or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. Been convicted of a violation of Health and Safety
Code Section I 1550 or any offense invol
ving the illegal
sale, distribution or possession of a controlled substance 74-3

5.22.025
specified in Health and Safety Code Section 11054,
I 1055, 11056, I 1057 and 11058;
c. Been convicted of any offense in any other state
which is the equivalent of any of the above mentioned
offenses;
d. Been engaged in conduct in another jurisdiction
which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter;
e. Been subjected to a pennanent injunction against
the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal
Code, or any similar provisions of law in a jurisdiction outside the State of California;
f. Been convicted of an act involving dishonesty,
fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator; g. Had a massage operator or massage technician permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state.

2. The applicant has made a false, misleading or
fraudulent statement or omission of fact to the city in the permit application process.

3. The application does not contain all the information required by Section 5.22.020.

4. The massage establishment as proposed by the
applicant does not comply with all applicable laws,
including, but not limited to, health, zoning, fire and safety requirements and standards.

5. The applicant has not satisfied the requirements of
this chapter in the time specified.

6. If the application is denied for failure to comply
with subsection (A) (2) or (3) of this section, the applicant may not reapply for a period of six months from the date the application was denied.

7. The applicant has demonstrated that he or she cannot be trusted with the pri vileges this permit grants by a
history of violations of laws associated with the operations of any regulated business acti vity.

B. All operators and managers shall comply with the
following conditions and any other conditions specified by the sheriff's department:

1. Except to the extent required, in writing, by a statelicensed medical practitioner, no massage technician or employee shall massage or touch the genitals, gluteal fold, or anal area of any patron or the breasts of any female patron, nor shall any operator or manager of a massage
establishment allow or permit such massage or touch. No massage operator or designated manager while performing any task or service associated with the massage busi- (Cerritos 5-10)
24 5.22.030
ness, shall be present in any room with another person
unless the person's genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered.

2. No person granted a permit pursuant to this chapter
shall use any name or conduct business under any designation not specified in his or her permit.

3. All massage establishments required to be licensed
under this chapter shall have a manager on the premises at all times the massage establishment is open. The operator of each massage establishment shall file a statement with the sheriff's department prior to designating the person or persons with power to act as a manager. The operator and/or on duty manager shall post, on a daily basis, the name of each on duty manager and each on duty technician in a conspicuous public place in the lobby of the massage establishment. The operator, or the manager in
the operator's absence, shall be responsible for ensuring compliance with this chapter.

4. No licensed establishment shall be open for business without having at least one massage technician holding a current valid permit issued by the city for the specific establishment on the premises, and on duty, at all times when the establishment is open.

5. The operator and/or designated manager(s) shall
ensure the massage technician permit for each on-duty
massage technician is conspicuously displayed in a public place in the lobby and that each massage technician is
wearing or has on their person the identification required by Section 5.22.035 at all times when in the massage
establishment. Such identification shall be provided to sheriff's department personnel or city regulatory officials upon demand.

6. An operator and/or on-duty manager shall be
responsible for the conduct of all employees or agents of the massage establishment while they are on the licensed premises. Any act or omission of any employee or agent
constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license
shall be revoked, suspended, denied or renewed.

7. No operator or manager shall employ any person as
a massage technician who does not have a valid massage
technician permit issued pursuant to this chapter. Every operator or manager shall report to the sheriff's department any change of employees, whether by new or renewed employment, discharge or termination, on the
form and in the manner required by the sheriff's department. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five days of the date of hire or termination.

The operator shall deliver the permit and photo identification card of any massage technician no longer employed (Cerritos 5-10) 74-4
by the operator to the sheriff's department within five days.

8. All persons employed in the massage establishment
shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete
covering from midthigh to three inches below the collar bone.

9. The operator and/or on-duty manager shall maintain a register of all employees, showing the name, nicknames and aliases used by the employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of
employment and termination, if any, and duties of each
employee. The above information on each employee shall
be recorded in ink without alterations and maintained in the register on the premises for a period of two years following termination. The operator and/or manager on duty shall make the register of employees available immediately for inspection upon demand by a representative of the sheriff's department at all times.

IO. Each operator shall provide the city with evidence
of the insurance required by Section 5.22.055 prior to the issuance of the permit.

11. The operator shall comply with all provisions of
this chapter and any applicable provisions of this code.

Violations may result in the suspension and/or revocation of said permit.

12. No visitors may be permitted beyond the designated reception area and/or lobby.

C. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 5, 2010; Ord. 803 § l (part), 1999)

5.22.030 Massage technician permit required.

Unless exempt under Section 5.22.090 or 5.22.095, no
person shall perform or administer a massage in the city, unless such person has in effect a valid massage technician permit issued pursuant to Sections 5.22.040 and

5.22.045 of this chapter. A massage technician shall comply with the requirements of Sections 5.22.040 and

5.22.045. (Ord. 953 § 6, 2010: Ord. 803 § I (part), 1999)

5.22.035 Massage technician identification card.

Each massage technician shall be issued by the city an
identification card which will contain a photograph of the massage technician, his or her California Department of Motor Vehicles identification number and information to identify that the person is holding a massage technician permit from the city. The technician shall have such card in his or her possession at all times when acting as a massage technician and shall produce same for inspection (
(
(
25 (
(
(
upon request by any representative of the Los Angeles
County sheriff's department or city regulatory official.

Each massage technician shall immediately surrender to
the sheriffs department or city regulatory official any identification card issued to him or her upon suspension, revocation or expiration of said permit or upon leaving employment as a massage technician. This section shall
not be applicable to massage establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095.
(Ord. 953 § 7, 2010: Ord. 803 § I (part), 1999)

5.22.040 Application for massage technician
permit.

A. Unless exempt under Section 5.22.090 or

5.22.095, any person desiring a massage technician permit shall file a written application on the required form with a representative of the Los Angeles County sheriffs department who shall conduct an investigation. The
application shall be accompanied by the appropriate filing fee established by resolution of the city council. The
application shall contain the following information:

1. A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the following personal information concerning the applicant:
a. Full complete name, and all aliases used by the
applicant, along with complete residence address and
telephone;
b. All previous residence addresses for five years
immediately preceding the current address of the applicant; c. Acceptable written proof that the applicant is at
least eighteen years of age;
d. Height, weight, color of hair and eyes, and gender;
e. Two front-faced portrait photographs taken by and
in the manner prescribed by the Los Angeles County sheriffs department; f. The business, occupation and employment history
of the applicant for the five years immediately preceding the date of the application;
g. The complete permit history of the applicant and
whether such person has ever had any license or permit, issued by any agency, board, city or other jurisdiction, denied, revoked or suspended and the reasons therefor.

2. All criminal convictions, including pleas of nolo
contendere, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor. 74-5

5.22.040

3. A complete set of fingerprints taken by and in the
manner prescribed by the Los Angeles County sheriff's
department.

4. Such other information and identification as the
sheriffs department may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

5. Authorization for the city, its agents and employees to seek verification of the information contained in the application.

6. A statement in writing and dated by the applicant
that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

7. If, during the term of a permit, a permit holder has any change in information submitted on the original or
renewal application, the permit holder shall notify the sheriffs department of such change within ten business
days thereafter, in writing.

B. Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of five hundred hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by state-certified instructors. The applicant must also supply a course descriptio n,
an outline of material covered, and a letter to the city from the school administrator verifying completion.
l. The sheriff's department may consider an applicant's study of massage completed outside the state of California if proof of completion from a formalized
course of study in massage practice, anatomy and physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended.

2. Any outside course of study submitted for approval
shall meet the state of California's Office of Post-Secondary Education's minimum requirements and be for completion of five hundred hours of on-premises training.

C. Each massage technician must pass a written test
dealing with the requirements of this chapter every thirtysix months. A score of seventy percent or better is
required on each section of the written test. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty days after the previous examination. An applicant who fails to pass upon a second attempt, shall not again be eligible until six
months thereafter. An additional processing fee may be
required to be filed with the city prior to each examination. The examination will be in the English language. In the event the applicant requires the examination be given in another language, the applicant must, on their own,
(Cerri10s 5-10)
26 5.22.045
make arrangements with a court-certified and Los Angeles County sheriffs department-approved interpreter to interpret the ordinance examination. Proof of court certification must be provided to the sheriff's department prior to the administration of the examination.

D. The applicant must also meet and provide documentary proof of the following requirements:

1. Completed five hundred hours of instruction in a
massage specialty (therapeutic approach) at a recognized school of massage taught by state-certified instructors.

2. The applicant must take and pass a written examination prior to the issuance of the massage technician permit. The applicant must pass the examination once every thirty-six months. A score of seventy percent or better is required in each section of the written test. The examination shall meet the following requirements:
a. The examination shall fairly determine the ability
of the applicant to perform the work which the applicant will be authorized to do by the permit applied for, and shall include, but is not limited to, the following subjects:
anatomy, physiology, pathology, hygiene, contraindications, sanitation, massage theory, ethics of massage practice, first aid and CPR, and the provisions of this chapter. b. Qualified persons shall prepare the examination. A
qualified person shall have at least five years of licensing or practice in his or her health care field and shall include licensed health care professionals, such as doctors, chiropractors, massage therapists, massage school instructors, physical therapists and indi victuals who have pursued
required courses in and graduated from an approved massage school and received a diploma from the massage school.
c. The city shall establish standards and procedures
governing the administration and grading of all examinations and shall exercise such supervision as may be necessary to ensure compliance therewith. d. The examination will be in the English language. In
the event that the applicant requires that the examination be given in another language, the applicant must, on their own, make arrangements with a court-certified and the
sheriff's department-approved interpreter to interpret the examination. Proof of
valid court certification must be
provided to the sheriff's department or its
designee prior
to the administration of the examination.
e. An applicant who fails to pass the examination shall not be eligible to take another examination until sixty days after the previous examination. An applicant who
fails to pass upon a second attempt shall not be again eligible until six months thereafter. An additional processing fee shall be required to be filed with the city prior to
each examination and in accordance with the fee resolution. (Ord. 953 § 8, 2010; Ord. 803 § 1 (part), 1999) (Cerritos 5-10) 74-6

5.22.045 Massage technician permit issuance and
denial.

A. Upon receipt of a completed written application for
a permit, the sheriff's department shall conduct an investigation in such manner as it deems appropriate in order to ascertain whether such permit should be issued as
requested. The sheriff's department shall recommend
approval, conditional approval or denial of the application within ninety days of the filing of a completed application and notify the city of its detennination. The ninety-day period may be continued for an additional thirty days if necessitated by the occurrence of events beyond the control of the sheriffs department. The city shall issue such permit as requested, unless it makes any of the following findings;

1. The applicant has been convicted of any of the following prior to filing a completed application:
a. A violation of Penal Code Sections 266(h), 266(i),
314,315,316,318, subsections (a) or (b) of Penal Code
Section 647 or that the applicant is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related
offense in satisfaction of, or as a substitute for, any of the previously listed crimes;
b. A violation of Health and Safety
Code Section
11550 or any offense involving the illegal sale, distri bution or possession of a controlled substance specified in Health and Safety
Code Sections I 1054, 11055, 11056,
11057 or I 1058; or
c. Any offense in any other state which is the equivalent of any of the above-mentioned offenses.

2. The applicant has engaged in conduct which would
constitute an offense as described in subsection (A)(l)(a) of this section prior to the filing of any application.

3. The applicant has committed an act, which, if committed in this state would have been a violation of law or condition of approval and which, if done by a pennittee under this chapter, would be grounds for denial, suspension or revocation of the pennit.

4. The applicant has been convicted of an act i
n
vol
ving dishonesty, fraud, deceit or
moral turpitude or an act
of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage technician.

5. The applicant has
had a massage establishment permit or massage technician's permit or other similar license or permit
denied, suspended or revoked for cause
by a licensing authority or by any city, county or state prior to the date of the application.
(
(
(
27 (
(
(

6. The applicant has knowingly made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process.

7. The application does not contain the information
required by Section 5.22.040.

8. The applicant has not satisfied the requirements of
this chapter in the time specified.

9. If the application is denied for failure to comply
with subsection (A)( 6) or (7) of this section, the applicant may not reapply for a period of six months from the date the application was denied.

B. All massage technicians shall comply with the following conditions and any other conditions specified by the sheriff's department on issuance of the massage technician's permit:

1. Except to the extent required, in writing, by a statelicensed medical practitioner, no massage technician, massage technician aide, or employee shall massage or
touch the genitals, gluteal fold, or anal area of any patron or the breast(s) of any female patron. No massage technician, massage technician aide or employee, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person ·s genitals, gluteal fold, anus, or, in the case of female, her breast(s), are fully covered.

2. No massage technician shall massage or touch any
patron unless the person's genitals, gluteal fold, anus, and in the case of a female, her breast(s), are fully covered at all times while the technician or other employee is present in the same room as the patron.

3. The massage technician shall wear or have on their
person a photo identification card prepared and issued by the city at all times when present in the massage establishment. Such identification shall be provided to any representatives of the sheriffs department or city regulatory officials upon demand. The identification card shall be worn on outer clothing with the photo side facing out. If a massage technician changes his or her business address, he or she shall, prior to such change, obtain from the sheriffs department a new photo identification card and advise the sheriff's department, in writing, of the new business address.

4. Massage technicians shall not perform any massage
at any location other than the location specified on the permit, unless performing an off-premises massage pursuant to permit.

5. While on duty, the massage technician shall not use
any name other than that specified on the photo identification card. 74-7

5.22.050

6. Massage attendants shall be fully clothed at all
times. Clothing shall be fully opaque, nontransparent material and provide complete covering from mid-thigh to three inches below the collar bone.

7. The massage technician consents to the inspection
of the massage establishment by the city's building and safety, county fire, sheriff and health departments for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. The massage technician consents to the inspection of the occupied massage rooms by the sheriff's department for the purpose of determining that the provisions of this chapter are met upon occurrence of any of the conditions described in Section 5.22.055(B)( 18) which would require the posting of the notice to all patrons.

C. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 9, 2010; Ord. 803 § 1 (part), 1999)

5.22.050 Off-premises massage permit.

A. For purposes of this chapter, a massage performed
or administered off-premises and requiring an off-premises massage permit shall be one performed or administered for any form of consideration by a licensed massage technician at a location other than a licensed massage
establishment.

B. No person shall perform or administer a massage
off the premises of a massage establishment, for any form of consideration, without obtaining and maintaining a
massage technician permit under Section 5.22.040 and

5.22.045 in conjunction with a valid operator's permit
and an off-premises massage permit under this section.

Any person desiring an off-premises massage permit shall file a written application on the required form with the city, which shall conduct an investigation. The applicant shall include with the application a filing fee established by resolution of the city council. The application shall contain or be accompanied by the following information:

I. The complete name, including all aliases, residence
and business address and telephone number of the applicant.

2. The specific reasons necessitating the performance
of the massage at a location other than a massage establishment. If the off-premises massage is to be conducted at a commercial business during normal business hours
while patron remains fully clothed, a letter from the commercial business confirming these conditions shall accompany the application.

3. Such other information deemed necessary by the
sheriffs department.
(Cerritos 5-10)
28 5.22.055
C. Upon receipt of a completed written application for
an off-premises massage permit, the sheriffs department shall initiate an investigation to ascertain whether such permit should be issued as requested. Within ninety days of the filing of an application, the sheriff's department shall recommend approval, conditional approval or denial of the application and notify the city of its determination.

The city shall issue the permit unless it finds that it is not reasonably necessary to perform or administer the massage at a location other than the massage establishment.

The city may specify conditions on the issuance of the offpremises massage permit that are reasonably necessary to ensure compliance with this chapter and other laws.

D. An off-premises permit for chair massage only
shall be valid for a period of one year. Chair massage is where a patron receives a massage while fully clothed.

The areas massaged are the head, neck, back, arms,
hands, feet, thighs and legs. The sheriff's department
must receive a letter from the property or business owner stating their knowledge and approval of chair massage in or adjacent to their business, the location where the chair massage will take place, and the hours to be conducted.

E. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 10, 2010; Ord. 803 § 1 (part), 1999)

5.22.055 Requirements of operation.

Unless exempt under Section 5.22.090 or 5.22.095, the
following operation requirements shall apply to massage establishments:

A. Facilities.

1. Structure. Massages shall be carried out in a structure which is located in a zoning district which permits such use. When a new massage establishment is constructed, three sets of plans shall be submitted to the city and the Los Angeles County department of health services for approval and shall be accompanied by the appropriate plan check fee.

2. Signs. Each operator shall post and maintain, adjacent to the main entrance and the front of the business, a readable sign identifying the premises as a massage establishment. Such sign shall be subject to the review and approval of the department of community development.

Each operator and/or on-duty manager shall display the
operator's permit in a conspicuous public place in the lobby of the massage establishment. The hours of operation must be posted and clearly visible from the outside.

The operator and/or on-duty manager must also post, on
a daily basis in a conspicuous public place in the lobby, the name of the operator and/or on-duty manager as well as any on-duty massage technicians.
(Cerritos 5. !OJ 74-8

3. Services List. Each operator shall post and maintain a list of services available and the cost of such services in a conspicuous public place within the premises. No operator or responsible managing employee, shall permit, and no massage technician shall offer or perform, any service other than those posted.

4. Lighting. Each operator shall provide in each room
where massage is given sufficient lighting and ventilation that complies with the Uniform Building Code. The lighting in each massage room shall be at least one forty watt incandescent white light bulb for every one hundred
twenty square feet of gross floor area and shall be activated at all times while the patron is in such room or enclosure. No strobe flashing lights shall be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source.

5. Bath Facilities. A minimum of one toilet and one
wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap or detergent and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service
towel dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room. Showers may be
provided at the operator's option.

6. Separate Rooms. If male and female patrons are to
be treated simultaneously at the same massage establishment separate massage rooms shall be provided for male and female patrons.

7. Maintenance. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable.

No carpeting shall be installed in any of these areas.

8. Massage Table. A massage table shall be provided
in each massage room and the massage shall be performed on this massage table. The tables should have a minimum height of eighteen inches from the floor. A
minimum of two-inch thick foam pads with a maximum
width of four feet shall be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises.

B. Operations.

1. Equipment. Each operator and/or on-duty manager
shall provide and maintain on the premises adequate
equipment for disinfecting and sterilizing instruments
used in massage.
(
(
(
29 (
(

2. Inspections. The operator and/or on-duty manager
consents to the inspection of the massage establishment by the city's building and safety, county fire, sheriff and health departments for the purpose of determining that the provisions of this chapter or other applicable laws or regulations are met. a. The city's building and safety, county fire, sheriff and health departments may, from time to time, make an
inspection of each massage establishment for the purpose of determining that the provisions of this chapter, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the sheriff's department. The sheriff's department may
inspect the occupied massage rooms for the purpose of
determining that the provisions of this chapter are met upon occurrence of any of the conditions described in
subsection (B)(l8) of this section which would require
the posting of the notice to all patrons. During an inspection, the sheriffs department may verify the identity of all on-duty employees.
b. A person who operates a massage establishment or
his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the sheriff's department or city regulatory official at anytime it is occupied or open for business.

3. Linen. Common use of towels or linens shall not be
permitted. Towels and linens shall be laundered or
changed promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and sha11 be plainly marked "clean linen" and
"soiled linen" and shall have doors or covers.

4. Living Prohibited. No person or persons shall be
allowed to live inside the massage establishment at any time.

5. Alcoholic Beverages/Drugs. No person shall enter,
be in, or remain in, any part of a massage establishment licensed under this chapter while in possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. The owner, operator
and manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages shall not be permitted.

6. Recordings. No electrical, mechanical or artificial
device shall be used by the operator or any employee of the massage establishment for audio 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 patron.
74-9

5.22.055

7. Roster. The owner, operator or on-duty manager of
the massage establishment shall keep a complete and current list of the names and addresses of all massage technicians and employees of the massage establishment and the name and residence address of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at and/or on the premises and be available for
inspection by official charged with enforcement of this chapter.

8. Coverings. Each massage establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical
areas (as defined in Section 22.45.020 of this code),
including the genital area, anus and female breast(s). No common use of such coverings shall be permitted and reuse is prohibited unless adequately cleaned.

9. Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the technician administering such service and a description of the treatment or service rendered. An
exhaustive medical history form shall be completed by
the massage technician to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition which may be adversely affected by massage. These records shall be prepared
prior to administering any massage or treatment and shall be retained for a period of twenty-four months after such treatment or service. These records shall be open to
inspection upon demand only by officials charged with
enforcement of this chapter and for no other purpose. The sheriff's department shall periodically inspect the records to ensure compliance with this section. Such records shall be kept on the premises of the massage establishment for a period of two years. The information furnished or
secured as a result of any such records should be used
only to ensure and enforce compliance with this chapter, or any other applicable state or federal laws and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city of Cerritos shall constitute a misdemeanor.

10. Hours of Operation. The owner must advise the
city, in writing, at the time of the application for a permit of the business hours and any changes in hours. No person shall operate a massage establishment or administer a
massage in any massage establishment or administer a
massage pursuant to an off premises massage permit
between the hours of ten p.m. and six a.m. A massage
begun any time before ten p.m. must nevertheless terminate at ten p.m. All customers, patrons and visitors shall be excluded from the massage establishment during these (Cerritos 5-10)
30 5.22.060
hours and be advised of these hours. The hours of opera• tion must be displayed in a conspicuous public place in the lobby within the massage establishment and clearly
visible from the outside.

11. Advertising. No massage establishment granted a
permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed any adver· tising matter that depicts any portion of the human body that would reasonably suggest to prospective customers
or clients that any service is available other than those ser• vices described in this chapter, nor shall any massage
establishment employ language in the text of such adver· tising that would reasonably suggest to a prospective
patron that any service is available other than those ser• vices authorized by this chapter.

12. Insurance. No person shall engage in, conduct or
carry on the business of a massage establishment unless there is on file with the city clerk, in full force and effect at all times, documents issued by an insurance company
authorized to do business in the state of California evi• dencing that the permittee is insured under a liability insurance policy providing minimum coverage of one
hundred thousand dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage.

13. Accommodations for the Disabled. All massage
establishments must comply with all state and federal
laws and regulations for persons with a disability, includ• ing all applicable anti•discrimination laws.

14. Compliance. Proof of compliance with all appli•
cable provisions of this code shall be provided.

15. Doors. All front, reception, hallway or front exterior doors (except back or rear exterior doors used for employee entrance to and exit from the massage estab·
lishment) shall be unlocked during business hours. No
massage may be given within any cubicle, room, booth or any area within a massage establishment which is fitted with a door capable of being locked, unless the only door is an exterior door.

16. Access. No person(s) other than valid permit hold•
ers under this chapter, customers, vendors and service
providers will be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation. Any other person(s) found beyond the first
interior door leading to the inside of the business includ• ing, but not limited to, hallways, massage rooms, recep• tion/business offices or lounge area will be in violation of this section. Entry doors to any room shall not be
obstructed by any means.

17. Discrimination. No massage establishment may
discriminate or exclude patrons on the basis of race, gen• der, religion, age or sexual orientation.
(Cerritos 5-IOJ 74. 10

18. Notices. The sheriff's department may require
that the following notice be posted in the event that &PY employee of the massage establishment or any person
who has been aided and abetted by an employee of the
massage establishment has been found, after full hearing by administrative proceeding or state court, to have vio· lated any of the offenses listed in Section 5.22.025 or

5.22.045:

NOTICE TO ALL PATRONS

THIS MASSAGE ESTABLISHMENT AND

THE MASSAGE ROOMS DO NOT PROVIDE

COMPLETE PRIVACY AND ARE SUBJECT

TO INSPECTION BY THE LOS ANGELES

COUNTY SHERIFF'S DEPARTMENT
WITHOUT PRIOR NOTICE.
a. The notice set forth above shall be prepared and
issued by the sheriff's department.
b. The notices shall be conspicuously posted in a loca• tion within the massage establishment that are easily vis• ible to any person entering the premises and in each
massage room. The notice shall be so posted for twelve
months following the violation of any of the offenses set forth above.
c. The requirement for posting the notice described in
this section is cumulative and in addition to all other rem• edies, violations and penalties set forth in this chapter, or in the ordinances, laws, rules or regulations of the city of Cerritos, county of Los Angeles and the state of Califor. nia. (Ord. 953 § 11, 2010; Ord. 803 § I (part), 1999)

5.22.060 Changes of business.

A. Unless exempt under Section 5.22.090 or

5.22.095, every massage establishment operator shall
report immediately to the city and sheriffs department
any and all changes of ownership or management of the
massage establishment, including, but not limited to,
changes of manager or other person principally in charge, stockholders holding more than ten percent of the stock of the corporation, officers, directors and partners and any and all changes of name, style or designation under which the business is to be conducted, and all changes of address or telephone numbers of the massage business. A change
of location of any of the premises may be approved by the city and sheriff's department, provided there is compli• ance with all applicable regulations of the city.

B. Unless exempt under Section 5.22.090 or 5.22.095,
no massage establishment permit may be sold, transferred or assigned by a pennittee, or by operation of law, to any other person or persons. Any such sale, transfer or assign• (
(
(
31 (
(
(
ment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such pennit shall thereafter be null and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by
purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the city and sheriff's department, shall be placed in the name of the surviving partners. A massage establishment permit issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permit, or any stock authorized but not
issued at the time of the granting of a permit is thereafter issued or sold, transferred or assigned. No massage technician permit may be sold, transferred or assigned by a permittee, or by any operation of law, to any other person or persons. (Ord. 953 § 12, 2010: Ord. 803 § I (part),
1999)

5.22.065 Massage services in athletic clubs.

A. Massage services may be offered as an accessory
use in a bona fide athletic club or similar establishment without obtaining a separate massage establishment
license. Such accessory massage services shall comply
with the following standards:

I. The massage service shall be incidental to the operation of the athletic club and shall not occupy more than one thousand square feet.

2. The athletic club shall have a valid, current conditional use permit or similar required zoning approval which identifies the provision of massage services as a part of the business.

3. All massage technicians shall hold valid current
technician's licenses as required under the provisions of this chapter.

B. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 17, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.075)

5.22.070 Massage services in hotels.

A. Massage services may be offered as an accessory
use in hotels with one hundred or more rooms without
obtaining a separate massage establishment license. Such accessory massage services shall comply with the following standards:

1. The massage service shall be incidental and accessory to the hotel business and shall not occupy more than one thousand square feet.
74-11

5.22.080

2. All massage technicians shall hold valid current
technician's licenses as required under the provisions of this chapter.

B. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 18, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.080)

5.22.075 Transfer and duration of permits.

A. No permit issued hereunder shall be transferable to
any other person or establishment; provided, however, an additional location or change of location of a massage
technician permit will be allowed upon prior written
notice to the sheriffs department and payment of the
appropriate transfer fee and assuming all applicable city laws are followed.

B. Permits for massage operators, managers and technicians shall be renewed on a year-to-year basis; provided, that the permittees continue to meet the requirements set out in this chapter.

C. Applications for the next ensuing permit shall be
filed with the city before the expiration of the existing permit. Temporary permits will not be issued and renewable applications must be filed no later than sixty days prior to the expiration of the permit to prevent a lapse of the permit.

D. Renewal applications shal1 require such infonnation as required by this code and as may be required by the sheriff's department to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by resolution of the city council.

E. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 19, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.085)

5.22.080 Application to existing businesses and
technicians.

Any massage establishment or massage technician
lawfully operating on the effective date of the ordinance codified in this chapter, that does not comply with the requirements of this chapter, shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a period of two years, with a possible oneyear extension, for a total time period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. An application for a one year extension for extenuating circumstances may be granted by the planning commission
upon a convincing showing of extreme financial or practical hardship by the applicant. Such nonconforming uses (Cerritos 5-10)
32 5.22.085
shall not be increased, enlarged, extended or altered without conforming with the requirements of this chapter. (Ord. 953 § 20, 2010; Ord. 803 § 1 (part), 1999. Formerly

5.22.090)

5.22.085 Suspension, revocation, denial and
appeal.

A. Violation and Noncompliance. The city may
refuse to renew a permit or may revoke or suspend an
existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this chapter. If a suspended permit lapses during the suspension period, a new application
must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the city council in the time and manner set forth in this section.

B. Revocation and Suspension of Operator's Permit.
l. The city may revoke or refuse to renew an operator's permit if it makes any of the findings for denial of a permit under Section 5.22.025(A), (B)(l) or (7) or upon any subsequent violation of any provision within one year following prior suspension under subsection (B )(2) of this section, or upon demonstrated inability to operate or manage the massage establishment in a law abiding manner, thus necessitating action by law enforcement officers;

2. The city may suspend any operator's permit for a
period of thirty days for each violation of Section

5.22.025(B) not listed above, Section 5.22.050(B) or

5.22.055.

C. Revocation and Suspension of Massage Technician Permit.

I. The city may revoke or refuse to renew a massage
technician permit if it makes any of the findings for denial of a permit under Section 5.22.045(A), (B)(l), (2) or (6) or upon any subsequent violation of any provision of this chapter within one year following a suspension under
subsection (C)(2) of this section;

2. The city may suspend a massage technician permit
for a period of thirty days for each violation of Section

5.22.045(B) not listed above, Section 5.22.050(B) or

5.22.055.

D. Notice. When the sheriffs department concludes
that grounds for denial, suspension, revocation or refusal to renew a permit exist and no permit is issued, the city shall serve the applicant or permit holder, either personally or by certified mail addressed to the business or residence address of applicant or permit holder, with a notice of denial or notice of intent to suspend, revoke or refuse to renew permit. This notice shall state the reasons for the proposed action, the effective date of the decision, the (Cerritos 5-IO) 74-12
right of the applicant or permit holder to appeal the decision to the city council, and the decision will be final if no appeal is filed within the time permitted.

E. Appeal.

I. The right to appeal to the city council shall terminate upon the expiration of fifteen business days from receipt of the notice via certified mail. The notice of appeal is to be sent to the sheriff's department and the city clerk.

2. In the event an appeal is timely filed, the suspension or revocation shall not be effective until a final decision has been rendered by the city council. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing appeals.

3. The city council of the city may preside over the
hearing on appeal or, in the alternative, the city manager may appoint a hearing officer to conduct the hearing,
receive relevant evidence and to submit to the city council findings and recommendations to be considered by the
city council. The city council shall render its decision within forty-five days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty-five days from the date on which the city council receives the findings and recommendations of the hearing officer. The decision of the city council shall be final. The applicant shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the decision was based and the opportunity to present contrary evidence at the hearing. If the denial is based upon failing the test, the applicant shall be entitled to review his/her test at the sheriff's department but shall not be entitled to a copy of the test.

4. Notice of the date, time and place of the hearing
shall be mailed at least ten days prior to the date of the hearing, by U.S. mail, addressed to the address listed on the massage application, massage technician application, or, the address given in the notice of appeal, as the case maybe.

5. The following rules and evidence shall apply:
a. Oral evidence shall be taken only under oath or
affirmation. The hearing officer shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
b. Each party shall have the right to call and examine
witnesses, to introduce exhibits, and to cross-examine
opposing witnesses who have testified under direct examination. The hearing officer may call and examine any witness. c. Technical rules relating to evidence and witnesses
shall not apply to hearings provided for in this chapter.

Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible
persons in the conduct of their affairs regardless of the (
(
I
(
33 (
(
(
existence of any common law or statutory rule which
might make admission of such evidence improper over
objection in civil actions. Hearsay testimony may be
admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in
civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.

6. No permit granted herein shall confer any vested
right to any person or business for more than the permit period. All massage operators, managers and technicians subject to this chapter shall comply with the provisions of this chapter as they may be amended hereafter.

F. This section shall not be applicable to massage
establishments exempt from this chapter pursuant to Section 5.22.090 or 5.22.095. (Ord. 953 § 21, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.095)

5.22.090 General exemptions from chapter.

The provisions of this chapter shall not apply to the
following classes of individuals while engaged in the performance of the duties of their respective professions:

A. Physicians, chiropractors, osteopaths, physical
therapists or acupuncturists who are duly licensed to practice their respective professions in the state of California, and city licensed employees of such licensed professionals while working in the office of, and under the supervision of, such licensed professional.

B. Nurses registered under the laws of the state of California.

C. Barbers and cosmetologists who are duly licensed
under the laws of the state of California while engaging in practices within the scope of their licenses, except that this provision shall apply solely to the massaging of the neck, face scalp, hands or feet of the customer or client.

D. Athletic coaches and trainers acting within the
scope of their employment while employed by accredited
high schools, junior colleges, colleges or universities.

E. Individuals administering massages or health treatment involving massage to persons participating in road races, track meets, triathalons and similar single occurrence athletic or recreational events; provided, that all of the following conditions are met:

I. The massage services are made equally available to
all participants in the event;

2. The event is open to participation by the general
public or a significant segment of the public, such as
employees of sponsoring or participating corporations;
74-13

5.22.095

3. The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

4. The sponsors of the event have been advised of and
have approved the provision of massage services;

5. The persons providing the massage services are not
the primary sponsors of the event. (Ord. 953 § 16, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.070)

5.22.095 Exemption for MTO certificate
holder(s)-Applicable regulations.

A. Except as set forth in this section, the provisions of this chapter shall not apply to the following classes of individuals, businesses, or establishments while engaged in the performance of the duties of their respective professions:
l. Persons who hold a valid MTO certificate and who
are practicing consistent with the qualifications established by such certificate; and

2. Massage businesses or establishments as defined
under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, as
amended, except that such businesses or establishments
shall not be exempt from this chapter to th_e extent Section 4612 expressly pennits the regulation of such businesses or establishments by local ordinance.

B. Notwithstanding the exemption provided for in
subsection (A) of this section, those persons, businesses, or establishments exempt under subsection (A) of this
section shall comply with the following:

1. Obtain a business license from the city of Cerritos
and remain in good standing in accordance with Chapter

5.04 of this municipal code.

2. If bathroom facilities are provided for patrons in a massage establishment, the massage establishment shall
provide soap or detergent and hot running water at all
times. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap can be used. A trash receptacle shall be provided in each toilet room.

3. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be made smooth and easily cleanable.

4. All persons employed in the massage establishment
shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent material and provide complete
covering from midthigh to three inches below the collarbone. (Cerritos 5-IO)
34 5.22.100

5. Each operator and/or on-duty manager of a massage establishment shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage.

6. The operator and/or on-duty manager of a massage
establishment consents to the inspection of the massage establishment by the city's building and safety, county fire, sheriff and health departments for the purpose of detennining whether applicable laws or regulations are
met.

7. Towels and linens shall be laundered or changed
promptly after each use. Separate enclosed cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked "clean linen" and "soiled linen" and shall have doors or covers. (Ord. 953 § 22, 2010)

5.22.100 Fees.

The city council shall establish by resolution, and from time to time may amend, the fees for the administration of this chapter. The city shall include in this resolution a health service fee sc
hedule prescribing annual fees to be
paid by the operator of each massage establishment, such fees to be paid directly to the Los Angeles County department of health services and retained by the county as reimbursement for said services related to this chapter.

Fees required by this chapter shall
be in addition to any
required under any other chapter of this code. (Ord. 953 § 15, 2010; Ord. 803 § 1 (part), 1999. Formerly 5.22.065)

5.22.200 Violation and penalty.

A. Violations of this chapter may be enforced pursuant to the provisions of Chapter 1.08 of this code.

B. Any massage establishment operated, conducted or
maintained contrary to the provisions of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action
hereunder, 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 establishments and restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter. (Ord. 953 § 13, 2010; Ord. 803 § 1 (part), 1999. Formerly

5.22.100)

5.22.300 Severability.

If any section, subsection, sentence, clause or phrase
of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent (Ceni1os 5-10) 74- 14
jurisdiction, such decision shall not affect the validity of the remaining
portions of this chapter. The city council
hereby declares that it would ha
ve passed the ordinance
codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently
declared invalid or
unconstitutional. (Ord. 953 § 14, 2010; Ord. 803 § I
(part), 1999. Formerly 5.22.105)
(
(
(
35 CONDITIONS OF APPROVAL**

FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS

THE THAI MASSAGE STUDIO LLC
11325 183 RD STREET
CONDITIONAL USE PERMIT 2026-3
SEPTEMBER 28, 2026
** PLEASE NOTE, UNLESS OTHERWISE SPECIFIED, THE TERM "PROJECT APPLICANT" SHALL APPLY TO THE PROPERTY OWNER, DEVELOPER AND ANY AND ALL CONTRACTORS WORKING IN ASSOCIATION WITH THIS PROJECT.

Section A contains standard conditions of approval which apply to all types of commercial and industrial construction projects. Due to the broad scope of the standard conditions of approval contained herein, said conditions may or may not apply to your specific project. In an attempt to better regulate and address unique conditions characteristic of commercial and industrial construction projects, project-specific conditions of approval may have also been developed for your project and are referenced in Section B, if applicable.

Should you have any questions or if you need further clarification as to which standard conditions of approval apply to your project, please do not hesitate to contact the Department of Community Development at (562) 916-1201.

Standard Conditions, Section A updated November 3, 2017.

EXHIBIT 12
Conditions of Approval
Conditional Use Permit 2026-3
36 Conditions of Approval
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TABLE OF CONTENTS
A. STANDARD CONDITIONS OF APPROVAL
Description Condition
Number
American's with Disabilities Act (ADA) Compliance. . . . . . . . . . . . . . . 40 Art in Public Places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Enhanced Four-Sided Architectural Treatment . . . . . . . . . . . .. . . . . . 26 Business License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Concrete Score Lines and Expansion Joints for Pedestrian Areas ...... 22 Conflict of Conditions of Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Construction and Demolition Debris Diversion Requirements. . . . . . . . 7 Covenants, Conditions & Restrictions {CC&R's) ........... .. . . . . . 46 Damage to Public Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Driveway Approach .............. . . .. ................... 19 Dust Control and Pedestrian Safety .......................... 24 Electric Meters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Encroachment Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Existing Municipal Code Violations ........................... 45 Fire Ant Abatement .............................. . ...... 32 Grading and Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Hours of Property Development Operations. . . . . . . . . . . . . . . . . . . . . 3 Indemnification ........................................ 48 Landscaped Areas ...................... . ........... . ... 31 Lights ........ . ..................... . ........... . .... 30 Los Angeles County Sheriff's Department Recommendations. . . . . . . . 41 Mechanical and Electrical Equipment. . . . . . . . . . . . . . . . . . . . . . . . . 35 Mitigation Measures ..................................... 51 On-Site Parking Standards ... . . ...................... . .... 38 Ordinances, Standards, Guidelines and Procedures . . . . . . . . . . . . . . . 1 Outside Sirens and Paging Systems . ... .. .. . .......... . . . .... 36 Outside Storage ........................................ 37 Parking Lot Construction Requirements ....................... 18 Payment of Development Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Permit and Plan Adherence Requirements . . . . . . . . . . . . . . . . . . . . . 2 Project Site Perimeter Fence ............................... 25 Property Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Public and Private Easements and Right-of-Way ... . ...... . ...... 20 Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Rodent Abatement ...................................... 33 Security Alarm Systems .................................. 42 Sewers .................................... . . . ....... 16 Sidewalks and Driveway Improvements ....................... 21 Signs and Flags ........................................ 43 Soil Stabilization . . ....................... . ....... . ..... 14 Storm Water and Runoff Control Requirements ............... . .. 13 Street Grades .................................... . .... 10 Street Names ............................ . ........ . ... 11 Subdivision of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Tenant Occupancy ........... . ................. . ........ 39 Traffic Control Devices ................................... 23 Trash En
closures ........................ . .......... ... . 29 37 Conditions of Approval
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Use of Pile Driving Machinery .......... . ................... 15 Utility Box Locations. , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Walls and Fences .................................. . .... 28 Water Systems ............. . .......................... 17 B. PROJECT-SPECIFIC CONDITIONS OF APPROVAL
Description Condition
Number
Display Licenses, Permits, Conditions ......................... 52 Owner and/or Manager Always Present. . . . . . . . . . . . . . . . . . . . . . . 53 Owner and Manager Familiar with City Laws . .............. . ... 54 Owner and/or Manager Cooperation. . . . . . . . . . . . . . . . . . . . . . . . . 55 Employees and Customers only Allowed In Premises. . .. . . . . . . . . . . 56 Violations Result in Revocation of Conditional Use Permit ...... , , . . 57 Conditional Use Permit and Business License. . . . . . . . . . . . . . . . . . . 58 Valid Massage Technician Permit/Massage Therapist Certification Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Exterior Wall Section of Existing Business Tenant Wall Sign . . . . . . . . 60 Storefront Visibility and Interior Doors . . . . . . . . . . . . . . . . . . . . . . . 61 A. STANDARD CONDITIONS OF APPROVAL

1. Ordinances, Standards and Procedures. All matters and improvements shall be consistent with the ordinances, standards and procedures of the City's Subdivision Ordinance, Development Standards, Engineering Procedures and Standards, Water Standards, Irrigation and Planting Standards. The project applicant is required to be aware of, and comply with, all of the abovementioned standards and conditions. The project applicant is responsible for checking with City staff for clarification of these requirements.

2. Permit and Plan Adherence Requirements.
a. Prior to the issuance of any building permits, a pre-construction meeting shall be held at Cerritos City Hall, in the Department of Community Development, with the applicant and the contractor present to review the project conditions of approval, sub-contractor business license documentation requirements, Planning and Building inspection process, and items needed prior to final at the completion of the job. City staff from other departments may be invited to the pre-construction meeting, as needed depending upon the planned scope of work.
b. No work of any type shall take place unless all required permits are issued.

If this condition is violated, the City of Cerritos may require the work to be completely removed prior to issuing the required permits. c. The applicant warrants that the plans submitted for plan check review in connection with the application for a building permit are complete and 38 Conditions of Approval
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accurate, represent the same designs that were reviewed by the approving body, and incorporate all conditions of approval provided herein. Approval of the submitted plans is subject to the applicant having submitted accurate dimensions and information. If, during construction, it is found that the approved plans did not have accurate dimensions and/or information, the City of Cerritos may require the work to cease until revised, accurate plans are submitted to the Department of Community Development for review. If the revised plans deviate from the plans reviewed by the approving body, the City of Cerritos may require the project to be resubmitted to the approving body for additional review. d. All improvements shall be constructed in accordance with the approved plans. If, during construction, modifications or deviations from the approved plans are deemed necessary, any and all such modifications shall be submitted in the form of revised plans to the Department of Community Development for review. No modification or deviation shall proceed without prior written approval by the Department of Community Development. If this condition is violated, the City of Cerritos may require the work to be completely removed and reconstructed in accordance with the approved plans. e. All plan submittals, including any drawings or reports, must be conveyed directly to the project planner for distribution to other City departments for review. Exceptions to this requirement shall be at the discretion of the Department of Community Development.

3. Hours of Property Development Operations. Hours and days of all development operations for demolition, grading, construction activity and vehicular and equipment movement on site shall be as follows:
a. Monday through Friday - not before 7:00 a.m. and not after 6:00 p.m. of the same day.
b. Saturday - not before 10:00 a.m. and not after 5:00 p.m. of the same day. c. Sunday and City observed holidays - no work.

4. Business License. The project applicant must be aware that a business license is required for all contractors, subcontractors, and any other affiliated parties conducting business in the City of Cerritos in association with the proposed project. No occupancy permits will be issued until the City has verified that all businesses working in association with the project have obtained the required business license.
s. Payment of Development Fees. The project applicant shall pay all applicable development fees prior to issuance of any grading or building permits.

A faithful performance bond shall be posted by the project applicant to guarantee 39 Conditions of Approval
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installation of public improvements pursuant to the submitted approved plans.

6. Encroachment Permits. The project applicant shall obtain an encroachment permit from the Department of Public Works prior to the start of any work in the public right-of-way. The encroachment permit requires the following:
a. An Underground Service Alert project number;
b. Proof of General Liability insurance in excess of $1,000,000; c. Proof of Workers' Compensation insurance; and,
d. Performance Bond and a Labor and Material Bond of equivalent value to the proposed public improvements.

7. Construction and Demolition Debris Diversion Requirements. The project applicant will be required to comply with all of the provisions of the City's Construction and Demolition Debris Diversion Ordinance as provided for in Chapter 6.10 of the Cerritos Municipal Code in order to satisfy State mandated requirements for construction debris recycling.

8. Public Improvements. The project applicant shall install all public improvements, as required by the Department of Public Works, prior to the occupancy of this development. Public improvements may include, but shall not be limited to, paving, curbs and gutters, street lights, sanitary sewers, storm drains, water system amenities, underground utility installations and street trees.

Open trenching for the installation of utilities installed in major or secondary highways and/or streets is prohibited.

9. Damage to Public Improvements. All existing public improvements which are damaged as a result of demolition and/or construction activity associated with the project shall be removed and replaced in accordance with City standards and at the direction of the Department of Public Works. All costs shall be the responsibility of the project applicant.

10. Street Grades. The street grades on all streets extending to the boundary of this subdivision shall be projected through to the nearest arterial street or existing secondary street in order to ensure compatibility with the development of adjoining property. Unless otherwise approved by the Department of Public Works, minimum street grades shall be 0.25 percent.

11. Street Names. The Department of Community Development will supply the project applicant with a list of approved street names, to be incorporated in the final subdivision map prior to recordation.

12. Grading and Drainage. The project applicant shall submit a grading and drainage plan, signed by a licensed Civil Engineer currently registered in the State of California for approval by the Department of Public Works and the Department 40 Conditions of Approval
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of Community Development. This plan shall include the topography of all contiguous properties and streets and shall provide for the appropriate method of drainage designed in accordance with all applicable standards and requirements.

Retaining walls and other protective measures may be required. The plan must be accompanied by a geotechnical investigation report that includes an evaluation of seismic hazards.

13. Storm Water and Runoff Control Requirements.
a. Pre-Construction Requirements: All construction shall be in compliance with the current Los Angeles County Municipal Separate Storm Sewer System (MS4) Permit issued by the Los Angeles Regional Water Quality Control Board. All construction projects shall implement an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction wastes. All selected BMPs shall be listed on construction plans.

Construction projects with soil disturbance of one acre or greater must prepare an Erosion and Sediment Control Plan (ESCP) for the City's written approval prior to the City's issuance of grading permits. Further, all projects with soil disturbance of one acre or greater are required to obtain coverage under applicable permits, including, but not limited to, the State Water Board's Construction General Permit, and State Water Board 401 Water Quality Certification. b. Post-Construction Requirements: Projects will be required to implement post-construction pollution prevention controls as mandated by the current Los Angeles County Municipal Separate Storm Sewer System (MS4) Permit issued by the Los Angeles Regional Water Quality Control Board.

Storm water pollution controls are subject to approval by the Department of Public Works or his/her designee and are to be maintained by the property owner. All plans must include the Post Construction Best Management Practices stamp signed by a licensed Civil Engineer currently registered in the State of California.

14. Soil Stabilization. All soil stabilization methodologies proposed for construction of the project including, but not limited to, pile and stone column installation, shall be subject to a comprehensive review to address potential impacts generated by the proposed soil stabilization methodology.

A pile and/or stone column installation plan shall be required and approved by the Department of Community Development. Said pile and/or stone column installation plan shall establish maximum vibration thresholds for both human/building exposure and include measures for reducing said impacts to a reasonably acceptable level.
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City approval of the required pile and/or stone column installation plan shall be obtained by the applicant prior to the issuance of grading/building permits. In instances where City permits have been issued and the soil stabilization activity has resulted in the generation of impacts not previously anticipated by the environmental analysis and/or required plan, the applicant/contractor shall be required to halt said activity immediately and until the matter is resolved to the satisfaction of the City of Cerritos. The applicant shall incur all costs associated with the preparation and review of the required pile/column installation plan.

15. Use of Pile Driving Machinery
a. Any construction activities that entail the use of continuous, prolonged vibration to drive piles or install stone columns shall be prohibited. b. Noise attenuation measures including, but not limited to, the use of sound blankets, shall be implemented during the use of equipment and machinery. The placement of said sound blankets shall be at a height and location to effectively reduce the source of noise.
c. The use of pile driving machinery shall cease at least once every two hours for a continuous period of thirty minutes.
d. Noise and vibration levels as a result of the use of pile driving equipment shall not exceed 90 dBa at 100 feet and 0.08 inches per second for human exposure within a 500-foot radius of the subject site, respectively. If, at any time during construction, noise and vibration levels exceed these thresholds, all pile driving activity shall cease until mitigation measures can be implemented to reduce vibration levels to within a reasonable level. A pre-construction monitoring program should be established to check the above requirement. The collected data should be submitted to the City for review.
e. The project applicant shall be responsible for notifying all property owners within 500 feet of the subject property at least ten days prior to the use of any vibratory/pile driving machinery on-site. Said notice shall include details about the hours and days of construction, length of time required to complete piling/column installation and the applicant/contractor's contact information.

16. Sewers. The project applicant shall provide the subject property(ies) with public sewers. The design and construction of all sanitary sewers shall be approved by the Department of Public Works. The project applicant shall be responsible for verifying the location of the sewer main and shall obtain approval for the sewer connection from the County of Los Angeles and/or the Department of Public Works prior to the design and installation of any on-site utilities.

17. Water Systems. Should the property have water rights the property owner shall dedicate to the City all water rights pertaining to the property(ies) being 42 Conditions of Approval
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developed pursuant to the Cerritos Municipal Code. In lieu of dedicating to the City all water rights, the property owner may choose to pay a monetary fee as stipulated in the City's Water Division fee schedule. The project applicant shall submit a water system plan to the Los Angeles County Fire Department to establish fire hydrant locations. The project applicant shall construct a water system including water services, fire hydrants and appurtenances as required by the Los Angeles County Fire Department and/or the Department of Public Works.

The City shall be responsible for installing all required water meters. Payment for said meters shall be made to the City prior to the issuance of building permits and an off-site water fee shall be paid by the project applicant to the City prior to the installation of any on-site utilities.

18. Parking Lot Construction Requirements. The structural section of all parking areas shall be designed by a civil engineer based upon a soils analysis supplied by a geotechnical engineer licensed in the State of California. The structural section of all parking areas shall be reviewed and approved by the Department of Public Works. In any event, the finish grade of the asphalt section of the parking lot shall be no less than 2-1/2 inches in thickness over 4 inches of an approved base material.

19. Decorative Driveway Approach. Decorative hardscape such as, but not limited to, concrete, pavers, brick and/or stone shall be required to be installed at and/or around each on-site driveway approach subject to the review and approval of the Department of Community Development. In instances where the subject property is located within 300 lineal feet from residential land uses, the decorative hardscape used by the project applicant shall be limited to broom-finished colored concrete in order to reduce potential noise impacts to a level of insignificance.

20. Public and Private Easements and Rights-of-Way.
a. The property owner shall dedicate easements or public rights-of-way as required by the City. Where drainage, sewer and other such easements are required, the minimum easement width shall be 10 feet to facilitate maintenance unless otherwise approved by the Department of Public Works.
b. The applicant shall be responsible for showing all existing utilities and easements within the subject property on the final construction plans submitted for Building and Safety plan check. By submitting said plans for Building and Safety plan check, the applicant warrants that he/she has verified all existing utilities and easements and that the proposed improvements will not conflict with any existing utilities or easements.

Should a conflict be discovered between the constructed improvements and any existing utilities or easements, the applicant agrees to indemnify and hold harmless the City of Cerritos, its agents, officers, or employees from any claims, damages, action, proceeding or liability of any kind, including attorney's fees and costs, against the City, its agents, officers, or employees, concerning said conflict. The City will promptly notify the applicant of any such claim, action, proceeding or liability against the City, 43 Conditions of Approval
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and the applicant will cooperate fully in the defense.

21. Sidewalks and Driveway Improvements.
a. The design, configuration and location of sidewalks shall be subject to the approval of the Department of Public Works and the Department of Community Development. A concrete sidewalk measuring no less than 4 feet wide shall be installed along the frontage(s) of the subject property(ies) as approved by the Department of Public Works and the Department of Community Development. Facilities to accommodate physically handicapped persons shall be provided both on-site and off-site as required by State and local regulations. In the event a curvilinear sidewalk shall be required to be provided which extends within the setback area along the street frontages of the subject site, the property owner shall grant to the City a public sidewalk easement.
b. In cases where existing sidewalks and/or driveways are damaged and/or do not comply with the current requirements of the Americans with Disabilities Act (ADA) guidelines and current City of Cerritos standards, then the applicant shall repair or replace said sidewalks and driveways to current requirements and standards.

22. Concrete Score Lines and Expansion Joints for Pedestrian Areas. To effectively reduce the number of cracks found within large spans of concrete used to form pedestrian spaces, including, but not limited to sidewalks, plazas and courtyards, the project applicant shall be required to install score lines and/or expansion joints to form concrete areas of no greater than 25 square feet in area.

The project applicant shall be required to submit a hardscape plan with details delineating the precise location of any and all score lines and/or expansion joints for review and approval by the Department of Community Development.

23. Traffic Control Devices. The project applicant shall pay the City for the installation cost of any traffic control devices and street striping necessitated as a result of this development.

24. Dust Control and Pedestrian Safety. Prior to the issuance of demolition or grading permits, the project applicant shall:
a. Submit a pedestrian safety plan indicating safety methods to be provided for pedestrian access around all areas of construction. This may require proper and adequate signs, fences, barricades or other approved control devices as required by the Department of Public Works and the Department of Community Development.
b. Secure a bond and/or cash deposit with the City in an amount sufficient to ensure that effective dust mitigation measures are implemented throughout project development from demolition through completion. Said dust mitigation measures shall be determined by the Department of 44 Conditions of Approval
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Community Development.

25. Project Site Perimeter Fence. In instances where a perimeter fence is not present, a 6-foot-high chain-link fence shall be installed around the property prior to the issuance of any building permits. The perimeter chain link fence shall include green tarps to effectively screen the construction site from view subject to the approval of the Department of Community Development. One gated entrance shall be permitted along the perimeter for grading and construction vehicles to gain access to the project site.

26. Enhanced Four-Sided Architectural Treatment.
a. The property owner/developer shall be required to incorporate enhanced architectural detailing on all building elevations. Architectural detailing may include, but shall not be limited to, the use of enhanced building materials such as stone, brick and wood siding. In addition, the incorporation of building projections and offsets along the subject building elevation may also be used to assist in creating visual interest and depth.

The design, materials and treatments to be applied to each building elevation shall be subject to the review and approval of the Department of Community Development.
b. Roof parapets, tower elements, and other vertical projections shall be designed to exhibit full architectural treatment on all four sides. Any interior-facing portions of such projections that are visible from other properties or streets shall exhibit complete architectural treatment consistent with the remainder of the building, subject to the review and approval of the Department of Community Development.
c. The project applicant is required to submit samples of all exterior materials and colors for approval prior to the issuance of building permits.

Larger colored samples of exterior building materials may be required to be placed on the property for review by the Department of Community Development.
d. No exterior equipment and/or utilities including, but not limited to, gas, water and electrical lines shall be permitted on any facade on the subject building(s). Said equipment, utilities and/or building features shall be completely hidden from view within the confines of the building, thereby rendering said items as an integral part of the architectural design of the building(s). e. Downspouts, roof access ladders, and other similar building features shall be strategically located and architecturally compatible with the building(s) so as to minimize the potential for aesthetic impacts. If roof access cannot be provided by an interior stairway, then any required roof access ladder shall be screened from public view and integrated into the building design. 45 Conditions of Approval
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27. Utility Box Locations. Prior to the issuance of grading permits, the location of all utility boxes must be indicated on the grading plans and must be completely screened and/or located within the interior of the building where possible.

Electrical transformers must maintain a sufficient setback distance from the frontage(s) of the property. Said transformer(s) shall be screened in a manner that blends with the architectural design of the project. The project applicant is required to work with Community Development staff to establish acceptable locations for said equipment prior to making any arrangements with the telephone, electric, cable and any other utility companies in this regard.

28. Walls and Fences. The design, height, material, texture and color of walls and fences shall be subject to the approval of the Department of Community Development.

If there are existing single-family residential developments with perimeter walls that abut the subject property, the project applicant shall use all reasonable efforts to work with the homeowners in order to secure approval of the following:
a. Removal of all portions of the existing wall and construction of a new minimum 8-foot-high decorative block wall, as measured from the highest finished grade on either side of the wall.
b. If the above is not feasible, then the project applicant shall increase the height of the existing block wall to a minimum of 8 feet, as measured from the highest finished grade on either side of the wall. The design, finish, and color of the wall shall be subject to the approval of the Department of Community Development.
c. If the above is not feasible, then the project applicant shall construct a minimum 8-foot-high wall within the subject property. The gap between the existing and new walls shall be properly sealed as directed by the Department of Community Development.

29. Trash Enclosures. A trash enclosure with solid metal, self-closing and selflatching gates shall be provided and shall be effectively screened from view. The size and location of said enclosure and the type of screening to be used shall be subject to the approval of the Department of Community Development. Gates shall be maintained in a closed position at all times except during trash collection.

30. Lights. The style and location of all exterior lighting on the property shall be subject to the review and approval of the Department of Community Development. No lights shall be permitted which may create any glare or have a negative impact on adjoining properties. To ensure that proposed lights do not generate adverse impacts to adjacent land uses, the Department of Community Development reserves the right to request that the project applicant prepare and submit a photometric study/plan to the Department of Community Development for review and approval.
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31. Landscaped Areas. The property owner/developer shall be responsible for installation and maintenance of all landscaping on the property. Said responsibility shall extend to the curb line of adjoining street(s). The property owner/developer is responsible for coordinating the landscaping and irrigation plans for the landscaped areas of the subject development. Such coordination will require obtaining approval of both the Department of Public Works and the Department of Community Development of all landscaping plans applicable to this development.

For any required landscaping on public and private property, the project applicant shall submit three complete sets of landscape architectural drawings, including but not limited to, a planting plan, an irrigation plan and a lighting plan prepared by a professional Landscape Architect currently registered in the State of California. Said plans shall be prepared in accordance with the standards of the City of Cerritos and shall be subject to the approval of the Department of Community Development and the Department of Public Works.

All landscaping shall be in accordance with the following:
a. A complete, permanent, automatic remote control irrigation system must be provided for all landscaped areas shown on the approved Precise Plan. b. A complete, permanent, automatic landscape lighting system must be provided for all landscaped areas shown on the approved Precise Plan. c. The perimeter of all landscaped areas and walkways shall be bordered by a concrete curb of a minimum height of 6 inches, except for necessary openings for drainage, thereby providing a separation from adjacent parking lot or drive aisle areas, as directed by the Department of Community Development.
d. The landscape plan shall incorporate water-wise sustainable landscape throughout the property.
e. Drip irrigation shall not be permitted in commercial applications due to its lack of durability, resulting in excessive maintenance and propensity to result in under-watered and dead plant material requiring continual replacement. Alternate irrigation methods suitable for commercial applications shall be used in the design of automatic irrigation systems in accordance with City and State water-efficient landscape design standards. f. Unless otherwise specified, all required trees shall be a minimum 15 gallons in size and of a variety approved by the Department of Community Development.
g. The project applicant is required to contact the City of Cerritos Public Works Department prior to the construction/installation of the irrigation system to schedule all necessary inspections of the irrigation system. 47 Conditions of Approval
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h. All landscape plant material shall be subject to the inspection and approval of the City of Cerritos Public Works Department prior to installation. i. Bollards shall be constructed of pre-cast concrete or other enhanced decorative materials, subject to the approval of the Department of Community Development. No plastic bollards shall be permitted.

32. Fire Ant Abatement. The project applicant shall be responsible for coordination with the State of California Department of Food and Agriculture (CDFA) personnel for all activity that is regulated under the Red Imported Fire Ant (RIFA) Quarantine protocol. This includes, but is not limited to, soil and earth moving activity, the import of soil, landscaping material, and/or other related materials into an area located within the quarantine boundaries, and the exporting of soil, landscaping materials, and/or other related materials from a location within the quarantine boundaries.

33. Rodent Abatement. The project applicant shall request a site inspection by the Los Angeles County Department of Health Services Vector Control Division Inspector at (626) 430-5461 at least 45 days prior to the expected issuance of demolition or grading permits. If an eradication plan is necessary it must be implemented and completed prior to the issuance of demolition or grading permits.

34. Property Maintenance. The property owner shall agree to maintain the property in such a manner as to avoid the determination of a duly authorized City official that a public nuisance has been created by the absence of adequate maintenance in such a manner as to be detrimental to the aesthetic quality, public health, safety or general welfare, or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within 1,000 feet of the property. The project applicant shall keep or maintain such premises as to be in conformity with the landscaping and maintenance standards of the City of Cerritos.

35. Mechanical and Electrical Equipment. All mechanical and electrical fixtures and equipment shall be effectively screened. Said screening shall blend with the architectural design of the building(s) and shall be subject to the review and approval of the Department of Community Development. The exterior elevations of the building(s) shall indicate any fixtures or equipment to be located on the roof of the building, screening and parapet heights and the type of screening to be used. The top of all parapets or screens shall be at least 6 inches above the equipment for the purpose of screening.

36. Outside Sirens and Paging Systems. With the exception of approved security and/or fire alarm systems, no sirens, outside paging or any other type of audible signaling systems shall be permitted.

37. Outside Storage. No outside storage of any kind shall be permitted except as provided by way of the approved Precise Plan.
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38. On-Site Parking Standards. Vehicles associated with the operation of t he proposed project shall not be permitted to park off-site and subsequently shall be required to park on-site within designated parking stalls.

39. Tenant Occupancy. The property owner is responsible for providing a copy of these conditions of approval and any other related items approved by the City Council to any tenant desiring to occupy the property or a part thereof. The property owner must inform all tenants of their obligation to apply for a City Business License and obtain an Occupancy Permit prior to the commencement of any business operations and that under no circumstances shall occupancy or business activities take place unless a City Business License and Occupancy Permit is approved and issued.

Occupancies shall be determined based on the availability of on-site parking spaces required to accommodate the proposed use and provided by way of the approved Precise Plan. At the business license stage, each proposed use shall be checked to determine relative required parking spaces.

All lease agreements must include the abovementioned items.

40. Americans with Disabilities Act (ADA) Compliance. The project applicant shall adhere to all requirements of the Cerritos Municipal Code and the Americans with Disabilities Act (ADA) concerning parking provisions and building construction. Said requirement shall include compliance with all applicable provisions of Cerritos Municipal Code chapter 22.11.230 (14) as it relates to the provision of elevator access for the physically handicapped to floors other than those closest to grade. Building permits will not be issued until it has been determined by the Department of Community Development that all ADA requirements have been fulfilled and final release of occupancy shall not be granted unless all applicable ADA requirements are met.

41. Los Angeles County Sheriff's Department Recommendations. In order to comply with the recommendations of the Los Angeles County Sheriff Department, the following items are required to be incorporated in the subject development. a. The business address shall be painted on the roof of each structure within the development. The paint will be of contrasting color and the letters will be at least 2 feet long (applicable to flat roof buildings only). b. Sufficient decorative lights shall be provided to illuminate all areas within the development.
c. The project applicant is encouraged to contact the Cerritos Sheriffs Station to obtain information regarding proper securing of doors and windows and internal security measures.
d. All of the above items shall be subject to the approval of the Department of Community Development and/or the Department of Community and 49 Conditions of Approval
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Safety Services.

42. Security Alarm Systems. The installation of periphery security alarm system wiring shall be made in accordance with the requirements of the Cerritos Municipal Code, and such alarm system wiring shall be installed as directed by the Department of Community Development.

43. Signs and Flags. All signs shall require a separate permit and shall be installed in accordance with the provisions of Chapter 22.48 of the Cerritos Municipal Code Sign Ordinance and shall be approved by the Department of Community Development prior to installation. The following shall apply:
a. Adequate directional signs shall be provided on the property to direct vehicular traffic to the proper access, parking and loading areas. The size, design and location of said signs shall be approved by the Department of Community Development.
b. The applicant/property owner shall comply with all Cerritos Municipal Code regulations related to window signs. A "window sign" is defined as any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, that is placed within twelve inches inside a window or upon window panes or glass and is visible from the exterior of the window. The applicant shall review Section 22.48.400(9) of the Cerritos Municipal Code regarding the window sign regulations and submit for review and approval to the Department of Community Development prior to application of signs on any windows.
c. In no instance shall the business employ the outdoor display of persons holding signs or wearing costumes to identify or advertise the business including, but not limited to, sign twirlers or sign spinners. Such activity is a violation of Cerritos Municipal Code Section 22.48.300 subject to a misdemeanor offense.
d. National and State flags shall be displayed in accordance with the provisions of Chapter 22.48 of the Cerritos Municipal Code and shall be approved by the Department of Community Development prior to installation.

44. Electric Meters. The project applicant shall install a separate electric meter for each individual building proposed in this project. In addition, separate meters shall be installed for the purpose of providing electrical power to outside lighting and automatic landscape/irrigation controllers. All meter(s) shall be shown clearly on the electrical plans.

45. Existing Municipal Code Violations. The applicant shall correct all existing property maintenance and development code violations on the property prior to obtaining certificate of occupancy, and said corrections shall be subj ect to the 50 Conditions of Approval
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review and approval of the Department of Community Development.

46. Covenants, Conditions and Restrictions (CC&R's). If applicable, the approval of this project and all of its conditions shall be appurtenant to and run with the entire parcel or unit of development for which it is issued. A declaration of Covenants, Conditions and Restrictions ("CC&R's") shall be prepared by the property owner, at his sole cost and expense, and shall be submitted to the City for the review and approval of the Department of Community Development and the City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property(ies) to be developed, shall make the City a party thereto and shall be enforceable by the City. Prior to, or at the time building plans are submitted for plan check, a draft of the CC&R's shall be submitted to and approved by the above mentioned officials. Prior to issuance of grading and building permits, said CC&R's shall be approved and executed by the above mentioned officials. Prior to the issuance of occupancy permits, said CC&R's shall be recorded in the Office of the Los Angeles County Recorder. The CC&R's shall contain the following provisions:
a. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and fa ci Ii ties;
b. The CC&R's shall provide that the property(ies) shall be developed, operated and maintained so as not to create a public nuisance; c. The CC&R's shall provide that if the property(ies) is/are not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property(ies) and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City's ordinances. The property(ies) shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed.
d. Any other special provisions including any easements or other conditions.

47. Subdivision of Property. There shall be no subdivision of the property for the purpose of sale, lease or financing without complete compliance with the provisions of the Subdivision Map Act and the ordinances and regulations of the City of Cerritos.

48. Indemnification. The property owner and each successor with a vested interest in the property(ies) and/or project shall protect and defend, indemnify and hold harmless the City of Cerritos, its agents, officers and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, City Council or Planning Commission concerning this project.

The City shall promptly notify the property owner of any claim, action or proceeding and said property owner shall cooperate fully in the defense of the City 51 Conditions of Approval
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of Cerritos, its agents, officers and employees.

49. Art in Public Places. The proposed project shall conform with the requirements of the Cerritos Municipal Code pertaining to Art in Public Places. a. All steps deemed necessary to comply with the requirements of the Cerritos Municipal Code, including but not limited to the installation of artwork onsite and/or contribution to the Art in Public Places trust fund, shall be finalized prior to the final release of occupancy. b. For any and all artwork placed on the subject property under the Art in Public Places program, the property owner shall provide the City of Cerritos with proof of insurance sufficient to cover the repair or replacement of said artwork in the event that it is damaged or stolen. On an annual basis, the property owner shall provide the City of Cerritos with proof of continual insurance coverage. Repair or replacement of artwork shall be the sole responsibility of the property owner, and said repair or replacement shall occur in a timely manner subject to the approval of the City of Cerritos. c. The property owner shall maintain said artwork in perpetuity in its original condition to the satisfaction of the City of Cerritos, at the property owner's sole cost and expense.

SO. Conflict of Conditions of Approval. All conditions of approval of Precise Plan 85-4 shall apply. In the event of any conflict between the conditions of approval of Precise Plan 85-4, and conditions of approval of Conditional Use Permit 2026-3, the most restrictive conditions shall apply.

51. Mitigation Measures. If applicable all mitigation measures noted in the related environmental assessment shall be incorporated into the proposed project.

END OF STANDARD CONDITIONS OF APPROVAL
B. PROJECT-SPECIFIC CONDITIONS
Please note the following conditions contained in this section have been prepared specifically for your project and must be fully complied with in addition to the standard conditions listed above to obtain final release of occupancy for this project from the Department of Community Development and the Building and Safety Division.

52. Display Licenses, Permits, Conditions. All applicable licenses, permits, and conditions of approval shall be displayed in the reception/lobby area, such that they are immediately viewable upon entry into the establishment. All such 52 Conditions of Approval
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permits and licenses shall remain valid during the life of the business.

53. Owner and/or Manager Always Present. An owner and/or manager shall be present at all times while the business is open.

54. Owner and Manager Familiar with City Laws. The owner and manager shall be familiar with City laws regulating massage establishments and the conditions of approval contained herein.

55. Owner and/or Manager Cooperation. The owner and/or manager shall introduce him/herself to any City or law enforcement official (Sheriff, Fire, Code Enforcement, etc.) at such time as the official's presence is announced to any employee. The owner and/or manager shall cooperate fully with any City or law enforcement investigation.

56. Employees and Customers only Allowed in Premises. No person(s) other than employees, customers and vendors shall be allowed anywhere within the premises other than the lobby/reception area.

57. Violations Result in Revocation of Conditional Use Permit. All applicable requirements for Massage Establishments regulated by Chapter 5.22 of the Cerritos Municipal Code shall apply. Violation of any applicable requirements of Chapter 5.22 of the Cerritos Municipal Code shall be grounds for revocation of Conditional Use Permit 2026-3 for the Massage Establishment.

58. Conditional Use Permit and Business License. Any future change in business ownership shall be submitted in writing to the Department of Community Development and will necessitate issuance of a new Conditional Use Permit and Business License in accordance with all of the requirements of Chapter 5.22 of the Cerritos Municipal Code.

59. Valid Massage Technician Permit/Massage Therapist California Certification Required. The applicant/ business owner shall ensure that no person whether full-time or part-time, or temporary or fill-in help, shall perform or administer massage therapy in the premises, unless such person has a valid Massage Technician Permit issued by the Cerritos Municipal Code, or a valid State of California Certified Massage Therapist certification issued by the California Massage Therapy Council (CAMTC). If a City-issued Massage Technician Permit holder is hired, the applicant/business owner shall also hold a valid Massage Operator's Permit pursuant to the requirements of Chapter 5.22. Within five (5) days of the date of hire of any CAMTC-certified massage technician, the applicant/business owner shall submit to the City a copy of the technician's valid California Department of Motor Vehicles driver's license or identification card and a copy of the technician's valid State of California Massage Therapist identification card.

60. Exterior Wall Section of Existing Business Tenant Wall Sign. The applicant shall patch, repair and stucco the exterior wall of the previously tenant business 53 Conditions of Approval
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identification wall sign to original condition subject to review and approval by the Department of Community Development.

61. Storefront Visibility and Interior Doors. Prior to commencement of operations of the massage establishment, the applicant shall remove the existing curtains or other similar coverings from the storefront windows adj acent to the front lobby and reception area and shall maintain such windows free of coverings that obstruct visibility.

END OF ALL CONDITIONS OF APPROVAL
54 CITY OF CERRITOS
RESOLUTION NO. PC 2026-25

A RESOLUTION OF THE CERRITOS PLANNING COMMISSION

RECOMMENDING THAT THE CERRITOS CITY COUNCIL APPROVE
CONDITIONAL USE PERMIT 2026-3, A REQUEST BY THE THAI
MASSAGE STUDIO LLC., TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE-CERTIFIED MASSAGE THERAPISTS AT 11325 183RD
STREET, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7034-015-032).

WHEREAS, an application for a development proposal has been duly filed by:

WHEREAS, the property in question is described as follows:

See attached
WHEREAS, a public hearing to consider said application was set and held before the Planning Commission on the 2nd day of September 2026 at the hour of 7:00 p.m., and notice of the hearing was duly given.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CERRITOS does find, determine and declare:

SECTION 1. All of the above recitals are incorporated herein.

SECTION 2. The Cerritos Planning Commission makes the following findings:

1. The proposed conditional use permit conforms with the Cerritos General Plan.

The subject property is designated in the City's General Plan as Regional Commercial (CR), which is intended for commercial, retail, and residential uses. Goal LU-2 of the 2004 General Plan calls for a balance of land uses, and the proposed project meets this goal by malntalning consistency with the adopted land use plan, which was designed to maintain a balance between residential, commercial, and industrial land uses. Goal LU-3 of the 2004 General Plan calls for promoting and assisting in the growth and vitality of commercial centers, and the proposed project meets this goal by providing a new use in an available tenant space in an existing shopping center.

2. The proposed conditional use permit conforms with the applicable land use zone.

The subject property is zoned Regional Commercial (CR), and the proposed project will be a EXHIBIT 13
Planning Commission Resolution
Conditional Use Permit 2026-3
55 massage establishment, which is listed as a conditionally permitted use in said zone In accordance with Chapter 5.22 and Chapter 22.27 of the Cerritos Municipal Code. The proposed project meets the intensity and site development standards set forth In the Cerritos Municipal Code for this zone.

3. The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use and development in a manner compatible with existing and potential surrounding uses. The subject use is proposed inside an existing commercial shopping plaza and is sufficient in size to accommodate the proposed massage establishment, given that a similarly approved use previously occupied the subject location. Accessibility within and around the subject site will be provided by vehicular driveways and pedestrian pathways in accordance with the Los Angeles County Building Code, which is adopted by reference in the Cerritos Municipal Code and which contains minimum requirements for site accessibility consistent with the 1990 Americans with Disabilities Act (ADA).

5. The proposed use will be arranged, designed, constructed, operated and maintained, as to be compatible with the intended character of the area and will not change the essential character of the area from that Intended by the Cerritos General Plan and the applicable land use zone. The subject property meets the site development standards of the CR zone governing arrangement, design, and construction. The proposed use is consistent with the stated character of the CR land use zone, as it is a professional service business.

Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.

SECTION 3. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED that the Cerritos Planning Commission recommends approval of Conditional Use Permit 2026-3 to the Cerritos City Council and all related conditions of approval. A copy of this Resolution shall be transmitted 56 to the Cerritos City Council.

PASSED, APPROVED and ADOPTED this 2nd day of September 2026.

Chai
ATTEST:

Amanda Acuna
Secretary to the Planning Commission
57 STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )

CITY OF CERRITOS )
I, Amanda Acuna, Secretary to the Planning Commission of the City of Cerritos, DO HEREBY CERTIFY that the foregoing Planning Commission Resolution No. PC 2026-25 was duly adopted by the Planning Commission of said City and was approved by the Chair of said City at a meeting of said Planning Commission held on the 2nd day of September, 2026 and that it was so adopted as follows:

AYES: COMMISSIONERS: Ao, Chauhan, Amansec,
Reyes, Su rti
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAINING: COMMISSIONERS: None
Dated: September 2, 2026
( ~;:-
Amanda Acuna
Secretary of the Cerritos Planning Commission
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MINUTES EXCERPT

REGULAR PLANNING COMMISSION
MEETING OF SEPTEMBER 2, 2026
Review and consideration to waive full reading of and adopt A RESOLUTION OF THE CERRITOS PLANNING COMMISSION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 2026- 3, A REQUEST BY THAI MASSAGE STUDIO LLC TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE-CERTIFIED MASSAGE THERAPISTS AT 11325 183RD STREET, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7034-015-032). *
*Pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA Review.

A staff report was given by Associate Planner Wyman Wong. A PowerPoint presentation was displayed, providing details regarding Conditional Use Permit 2026-3, submitted by Thai Massage Studio, LLC, for a full-service massage establishment offering massage and facial services. Mr. Wong explained that the applicant is proposing to occupy a tenant space that was previously occupied by a massage establishment offering similar services, which has since vacated the premises. Mr. Wong concluded his presentation by stating that no public comments were received regarding the proposed project.

Discussion continued regarding potential breakroom requirements for the business, previously approved massage establishments within the City, the applicant's operational history, storefront visibility, potential exterior changes to the overall commercial center, maintenance of the commercial center, signage for the new business, and whether there are limitations on the number of massage establishments permitted within the City.

Chair Ao opened the public hearing.

Applicant Wiphada Footham provided comments regarding her proposed Thai massage establishment and her prior experience operating massage establishments.

Seeing and hearing no speakers wishing to address the Planning Commission, Chair Ao closed public comments.

MOTIONS: It was moved by Commissioner Reyes and seconded by Commissioner Amansec to waive full reading of and adopt Resolution No. 2026-25: A RESOLUTION OF THE CERRITOS PLANNING COMMISSION RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 2026- 3, A REQUEST BY THAI MASSAGE STUDIO LLC TO PERMIT A MASSAGE ESTABLISHMENT USE WITH STATE-CERTIFIED MASSAGE THERAPISTS AT 11325 183RD STREET, CERRITOS, CALIFORNIA, 90703. THE SUBJECT PROPERTY IS ZONED REGIONAL COMMERCIAL (CR) (APN 7034-015-032).

The motion carried (5-0) as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ao, Chauhan, Amansec, Reyes, Surti
None
None
None
EXHIBIT 14
September 2, 2026, Planning Commission Unofficial Minutes Excerpt Conditional Use Permit 2026-3
58

Cerritos City CouncilSeptember 28, 2026

Cerritos City Council
September 28, 2026