Agenda packet — West Sacramento City Council, March 18, 2026 (part 6 of 6)

ANALYSIS
The Municipal Code amendments address legal compliance, administrative efficiency, community transparency, housing production, and clarity in development standards. Incorporating them into the omnibus code update provides a comprehensive improvement package that modernizes the Municipal Code and supports Counciladopted housing, equity, and process improvement objectives. Bold/underline text reflects proposed additions to the existing code, while language proposed for deletion is noted in strikeout text.

1. Chapter 8.18.040 (Definitions) – Amending the definition of hazardous materials.

Hazardous materials.
“Hazardous materials” mean those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 27 of the CFC, whether the materials are in usable or waste condition.

Summary: Every three years the California Building Standards Code updates to a newer version in an effort to incorporate nationally recognized code development and changes. The minor edit to the hazardous materials definition in Municipal Code section 8.18.040 reflects a restructuring of chapters in the California Fire Code (CFC).

2. Chapter 17.09.020 - Allowing Low Barrier Navigation Centers in Commercial and Mixed Use Zones TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES "P" = Permitted use "C" = Conditional Use Permit required "M" = Minor Use Permit required "-" Use not allowed
Use Classification CBD C CH MU-NC MU-C WF Additional Regulations Residential Uses
Low Barrier Navigation Center P P - P P P
Supportive Housing
Transitional Housing
Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zone.

Specific Limitations:
(5) A Low Barrier Navigation Center shall comply with Government Code Sections 65660, 65664, and 65666
Summary: AB 101 (2019) requires Low Barrier Navigation Centers (LBNCs) to be a by-right use in areas zoned for mixed use and non-residential zones permitting multifamily uses if they meet specified requirements including access to permanent housing, use of a coordinated entry system, and use of Housing First according to Welfare and Institutions Code section 8255 (Gov. Code, § 65662). Updating this section ensures alignment with Housing Element (HE) Program 6.4, California Government Code 65660-65668, and fair housing mandates. This revision is necessary for maintaining Housing and Community Development (HCD) compliance.

3. Chapter 17.22.030– Amending the language for Development on Lots divided by Zone Boundaries 969
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B. Exceptions. If more than 60% of a lot (as measured by lot area) is located in one zone, modifications to the provisions of this section may be granted through approval of a Conditional Use Permit. by the Zoning Administrator.

C. Appeals.

1. Any determination made pursuant to this section shall be subject to appeal in accordance with Chapter 17.35.130 (Appeals).

Summary: Properties that are divided between two zoning districts often involve minor or technical zoning issues, especially when much of the property is in one zone. Requiring a Conditional Use Permit in these cases can add time, cost, and complexity without improving the review or outcome of a project. Allowing the Zoning Administrator to make this determination provides a more practical and efficient way to apply zoning rules while still respecting the intent of the code. This amendment preserves existing appeal rights, ensuring transparency and accountability while making the process easier for applicants and staff.

4. Chapter 17.27.050(G) – Adding AB 2097 to Parking Reductions (G) California Assembly Bill (AB) 2097 (2022)
AB 2097 (Government Code section 65863.2) prohibits cities from enforcing minimum automobile parking requirements for residential, commercial, or other development projects located within onehalf (1/2) mile of "public transit," except in limited circumstances as detailed in subsection 2.

1. Definitions. For the purposes of subsection G, the following definitions shall apply:
i. "Housing development project" means a housing development project as defined in Government Code section 65589.5(h)(2).
ii. "Project" does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. iii. "Public transit" means "major transit stop" as defined in Public Resources Code section 21155.
iv. Public Resources Code section 21155 defines "major transit stop" as "a major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than onehalf mile from the stop or corridor." v. Public Resources Code section 21064.3 defines "major transit stop" as a site containing any of the following:
a. an existing rail or bus rapid transit station.
b. a ferry terminal served either by a bus or rail transit service. c. the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

2. Notwithstanding subparagraph 1, the City may impose or enforce minimum automobile parking requirements within one-half (1/2) mile of public transit if the City makes written findings, within 30 days of the receipt of the completed application, that not imposing or enforcing minimum automobile parking requirements on development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following, consistent with Government Code section 65863.2:
i. The City's ability to meet its share of the regional housing need for low- and very low-income households;
ii. The City's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Government Code section 65583(a)(7); or
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iii. Existing residential or commercial parking within one-half (1/2) mile of the housing development project.

3. For a housing development project, subparagraph 2 shall not apply if the housing development project satisfies all of the following:
i. The development dedicates a minimum of twenty percent (20%) of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.
ii. The development contains fewer than twenty (20) housing units. iii. The development is subject to parking reductions based on the provisions of any other applicable law.

Summary: AB 2097 (2022) prohibits cities from imposing minimum parking requirements within ½ mile of major transit stops. This law applies to major transit stops that exist and those that are planned and included in a regional transportation plan. This law also applies to both new construction and changes of use in existing buildings and structures. Incorporating this mandate directly into the code ensures legal compliance, eliminates internal contradictions, and provides clarity to applicants and staff during project review. Codification is essential to avoid CEQA challenges and ensure streamlined housing approvals consistent with State law.

5. Chapter 17.30.100(A)(2)(a) – Compliance with state law regarding parking minimums for emergency shelters a. Parking. Parking shall be provided in the ratio of one space for every 10 adult beds, plus an additional space designated exclusively for the manager. All parking shall be off street and on site. a. Parking. None beyond the parking required for the residential housing type; Summary: Several emergency shelter regulations predate recent Housing Element requirements. Updating this section ensures alignment with Housing Element (HE) Program 6.4, California Government Code 65660-65668, and fair housing mandates. This revision is critical for maintaining Housing and Community Development (HCD) compliance, protecting the City’s housing allocations, and avoiding legal exposure from outdated regulations.

6. Chapter 17.31.080 (Definitions) - Amending the definition of sign face Sign face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image. Each face of the temporary sign shall count towards the square footage allowed.

Summary: The proposed amendment clarifies that each face of a temporary sign shall count toward the maximum allowable sign area. This clarification is intended to ensure that sign area limitations accurately reflect the total amount of signage displayed and the resulting visual impact. Without this standard, multi-faced or double-sided signs could effectively display more signage than intended by the Municipal Code while remaining technically compliant, undermining the purpose of temporary sign size limits. Counting each sign face toward the permitted square footage eliminates this inconsistency and ensures equitable treatment across all temporary sign types, including single-faced and double-faced signs. This approach also improves code clarity and enforceability by establishing an objective, easily measurable standard that can be consistently applied in the field.

7. Chapter 17.31.090 On-Site Temporary Signs – Adding General Requirement language as new subsection (A). The remainder of Section 17.31.090 is hereby re-lettered without substantive change. § 17.31.090 On-Site Temporary Signs.

A. General Requirements

1. Illumination. On-site temporary signs regulated in this subsection shall not be illuminated.

2. Other Prohibitions. All prohibitions stated in Chapter 17.29.050 shall apply to temporary signs.

Summary: The proposed amendment clarifies that temporary signs shall not be illuminated and that all signage prohibitions found in Chapter 17.29 (Signs) apply equally to temporary signs. Temporary signs are short-term and intended to provide limited, time-sensitive information. Allowing illumination would increase their visual prominence beyond what is appropriate for a temporary condition and could create adverse impacts on nearby residential uses, including light glare and nighttime visual clutter. Applying the sign prohibitions to temporary 971
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signs further ensures consistency across the sign code and avoids unintended loopholes where temporary signs could otherwise be installed in prohibited locations or configurations.

8. Chapter 17.31.110 – Adding Statement of Responsibility § 17.31.110 Statement of Responsibility
Every temporary sign located in a non-residential or commercial zone shall have a written corresponding statement of responsibility filed with the office of the City Clerk certifying a person who will be responsible for removing the sign and who will reimburse the City for any cost incurred to remove it, with such certification being made upon forms prepared by the City.

Summary: The proposed requirement for a Statement of Responsibility for temporary signs establishes clear accountability for the installation, maintenance, and timely removal of signage. Requiring a Statement of Responsibility ensures that an identified individual or entity accepts responsibility for the sign’s placement, condition, and removal in accordance with the Municipal Code. This requirement also strengthens the City’s ability to administer and enforce temporary sign regulations in a fair and efficient manner. By identifying a responsible party in advance, the City can resolve violations through direct communication rather than prolonged enforcement actions, reducing administrative burden and ensuring consistent application of the code.

9. Chapter 17.35.040(1)(d) – Expiration of Application Timeframe d. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn within one (1) year of an application being deemed incomplete if no notification action is taken by the applicant, unless an extension is granted by the Director. Staff shall provide at least one notice (via e-mail or mail) to the applicant at least sixty (60) days prior to the application being deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

Summary: The Zoning Code currently does not clearly identify expiration terms or inactivity thresholds for pending applications. As a result, stale or indefinitely inactive applications remain open, causing administrative burdens and uncertainty in land use tracking. Establishing timelines with notice procedures improve workflow efficiency, accountability, and clarity for applicants and staff.

10. Chapter 17.35.040(A)(2) – Amending the language for complete applications

2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.35.060, Public Notice. a. Additional Information Necessary. Following a determination that an application is complete, if the Director determines that modifications or additional information is necessary before the application can proceed, the Director shall provide written notification to the applicant listing what information is needed.
b. Submittal of Additional Information. The applicant shall provide the necessary information within the time limit specified by the Director, which shall be no sooner than 30 days.

The Director may grant one extension of up to ninety (90) days. c. Expiration of Application. If an applicant fails to provide the information requested by the Director within the specified time limit, the application shall expire and be deemed withdrawn within one (1) year of the written notice from the Director to the applicant if no action is taken by the applicant, unless an extension is granted by the Director. Staff shall provide at least one notice (via e-mail or mail) to the applicant at least sixty (60) days prior to the application being deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with required fees.
d. Public Hearing. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.35.060, Public Notice.

Summary: Currently, the zoning code does not clearly lay out the process for a complete application in sufficient detail. Establishing clear completeness criteria ensures that applications contain the minimum information necessary for a thorough review at the outset of a project. This reduces processing delays caused by incomplete 972
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submittals, minimizes repeated resubmittals, and allows the City to evaluate projects against adopted standards in a timely and consistent manner. Clearly identified review timeframes provide transparency and predictability for applicants and the public, allowing projects to be coordinated with environmental review, public noticing, and hearing schedules. Defined timeframes also support efficient allocation of City resources and staff time to ensure that discretionary and statutory deadlines, where applicable, are met. These provisions are meant to strengthen the City’s ability to administer planning applications efficiently and deliver high-quality planning outcomes.

11. Chapter 17.35.060 (A)(2) – Include all site addresses in mailed notices. (A)(2) All property owners of record and site addresses within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director to provide adequate public notification.

Summary: Current noticing procedures only require notification of property owners, excluding renters who frequently occupy impacted areas. This creates a fairness and engagement gap in public participation. Including site addresses ensures broader community outreach, improves equity in notification practices, and responds to community expectations for transparency in development review processes.

12. 17.35.100D (Extensions) – Zoning Administrator extension of permits and approvals Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval, if the permit or approval is substantially consistent with previous entitlements.

Summary: The Zoning Administrator currently has the authority to extend permits and planning approvals.

Adding language allowing permit extensions when it is found that the circumstances under which the permit is substantially consistent with previous entitlements create a standard for which the Zoning Administrator can justify an extension. This provides predictability for applicants, protects public interest, and reduces the likelihood of arbitrary or appealable outcomes.

13. Chapter 17.51.020 (Definitions) – Adding definition of Low Barrier Navigation Center.

Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. The centers reduce barriers to access, such as not prohibiting pets or storage of possessions, permitting individuals to reside with partners, or designing shelters to permit privacy.

Summary: The definition is added to facilitate the changes noted in Table 17.09.020 to allow low barrier navigation centers (LBNCs) by right in commercial and mixed-use zones where multi-family is permitted. The definition comes directly from California Government Code 65660, and Housing Element (HE) Program 6.4.

14. Chapter 18.20.040 – Standards on manufactured homes, remove section B(2). (B) 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Summary: The City participates in the National Flood Insurance Program’s (NFIP) Community Rating System (CRS), which allows residents to receive discounted flood insurance premiums based on the City’s efforts to reduce flood risk and go above and beyond federal requirements. FEMA recently updated the CRS Manual in September 2025, introducing new standards that require newly constructed, substantially improved, and/or reconstructed due to substantial damage residential single-family, multi-family, or manufactured homes to be elevated at least one foot above the Base Flood Elevation (BFE). To stay in compliance and maintain program eligibility, staff recommend amending the ordinance regarding manufactured homes in certain flood zones to remove outdated language to align with the new standards. This update helps protect residents and property from future flood risks while preserving flood insurance savings for the community.

Environmental Considerations
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This project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) which are classified as Categorical Exemptions of the CEQA Guidelines.

Commission Recommendation
This item was presented to the Planning Commission at a public hearing on February 19, 2026. The Planning Commission unanimously approved staff’s recommendation.

Strategic Plan Integration
The omnibus code amendments align with 2025 Strategic Plan and Principles by promoting Core Services and Infrastructure and Local Economic Development specifically by allowing for clearer and streamlined permitting processes and removing barriers to mixed-use and infill development.

Alternatives
Staff recommends the City Council waive first reading and read by title only Ordinance 26-1; and find that the project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) of the CEQA Guidelines.

The City Council’s primary alternatives to the recommended action are summarized below.

1. Find that the requested changes are not appropriate revisions of the Municipal Code and reject the first reading of Ordinance 26-1 at this time.

2. Find that the Categorical Exemption is not the appropriate level of environmental review and direct staff to perform additional environmental analysis (specify impacts to be addressed) prior to Commission consideration of the request.

3. Continue the item to a future date and request that additional information (specified by the City Council) be provided at that time.

Coordination and Review
This report was developed by the Community Development Department in coordination with the City Attorney’s Office, City Manager’s Office, and the Fire Department.

Budget/Cost Impact
There is no direct budget impact associated with this action.

ATTACHMENTS

1. Resolution 26-1PC

2. Ordinance 26-1 (Clean Copy)

3. Ordinance 26-1 (Redline Copy)
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RESOLUTION 26-1PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF WEST SACRAMENTO
RECOMMENDING APPROVAL OF PROPOSED AMENDMENTS TO TITLE 8 (HEALTH AND SAFETY), TITLE 17 (ZONING), AND TITLE 18 (FLOODPLAIN MANAGEMENT) OF THE

MUNICIPAL CODE
WHEREAS, the City of West Sacramento desires to promote and protect the public health, safety, comfort, convenience, and general welfare; to provide a plan for sound and orderly development, and to ensure social and economic stability through adoption of a Municipal Code Update; and
WHEREAS, the proposed revisions to amend Title 8 (Health and Safety), Title 17 (Zoning), and Title 18 (Floodplain Management) of the Municipal Code include: Chapter

8.18.040 – Amending definition of Hazardous Materials; 17.09.020 – Low Barrier Navigation Centers in Commercial and Mixed Use Zones; Chapter 17.22.030 – Amending the language for Development on Lots Divided by Zone Boundaries; Chapter 17.27.050 (G) – Adding AB2097 to Parking Reductions; Chapter 17.30.100(A)(2)(a) – Compliance with state law regarding parking for emergency shelters; Chapter 17.31.080 Temporary Signage – Amending the definition of Sign Face; Chapter 17.31.090 Temporary Signage – Adding General Requirements as new subsection (A); Chapter 17.31.110 Temporary Signage – Adding Statement of Responsibility; Chapter 17.35.040(1)(d) – Amending the language for Expiration of Application; Chapter

17.35.040(A)(2) – Amending the language for a Complete Application; Chapter 17.35.060 (A)(2) – Include all site addresses in mailed notices; Chapter 17.35.100D (Extensions) – Zoning Administrator extension of Permits and Approvals; Chapter 17.51.020 (Definitions) – Adding definition of Low Barrier Navigation Center; Chapter 18.20.040 (Floodplain Management) – Standards on manufactured homes, remove section B(2); and WHEREAS, the proposed changes to the Municipal Code are exempt from CEQA review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) of the CEQA Guidelines; and
WHEREAS, at a duly noticed public hearing on February 19, 2026, the Planning Commission considered public comments; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends the City Council take the following action:

1. Find that the project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) of the CEQA Guidelines; and

2. Adopt Resolution 26-1PC recommending that the City Council adopt Ordinance 26-1 amending sections of Title 8 (Health and Safety), Title 17 (Zoning), and Title 18 (Floodplain Management) of the Municipal Code.

PASSED AND ADOPTED by the Planning Commission of the City of West Sacramento this 19th day of February 2026, by the following vote:

Docusign Envelope ID: 4CA8BAF5-0EA3-4326-9F5F-C3DB849675D4 975
AYES: Delgado, Jackson, Olivarez, Wong
NOES:

ABSTAIN:

ABSENT: Sablan
_____
Matthew Delgado,
Planning Commission Chairperson
ATTEST:

Tristan Osborn, AICP, Secretary
Docusign Envelope ID: 4CA8BAF5-0EA3-4326-9F5F-C3DB849675D4 976
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ORDINANCE 26-1

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING VARIOUS SECTIONS WITHIN TITLE 8 (HEALTH AND SAFETY), 17 (ZONING), AND TITLE 18 (FLOODPLAIN MANAGEMENT) OF THE WEST

SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:

Section 1. Purpose and Authority. The purpose of the Ordinance is to make proposed amendments to Title 8 (Health and Safety), Title 17 (Zoning) and Title 18 (Floodplain Management) of the West Sacramento Municipal Code.

Section 2. Amendments. The following amendments are made to various sections of the West Sacramento Municipal Code:

1. The definition of "Hazardous materials" in Section 8.18.040 of the West Sacramento Municipal Code is hereby amended to read as follows:
“Hazardous materials” mean those chemicals or substances which are physical hazards or health hazards as defined and classified in the CFC, whether the materials are in usable or waste condition.

2. The table in Section 17.09.020 is amended by adding additional uses. The remainder of the table remains unchanged. The following is hereby added to the table in Section 17.09.020:

TABLE 17.09.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED USE ZONES "P" = Permitted use "C" = Conditional Use Permit required "M" = Minor Use Permit required "-" Use not allowed
Use
Classificatio
n
CB
D C
C
H
MUN
C
MUCW
F
Additional
Regulation
s
Residential Uses
Low Barrier
Navigation
Center

P P - P P P
Supportive
Housing
Transitional
Housing
Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zone.

Specific Limitations:
(5) A Low Barrier Navigation Center shall comply with Government Code Sections 65660, 65664, and 65666

3. Section 17.22.030(b) is amended, and Section 17.22.030(c) is added to the West 977
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Sacramento Municipal Code, to read as follows:

B. Exceptions. If more than 60% of a lot (as measured by lot area) is located in one zone, modifications to the provisions of this section may be granted by the Zoning Administrator.

C. Appeals.

1. Any determination made pursuant to this section shall be subject to appeal in accordance with Chapter 17.35.130 (Appeals).

4. Section 17.27.050(G) is hereby added to the West Sacramento Municipal Code to read as follows:
(G) California Assembly Bill (AB) 2097 (2022)
AB 2097 (Gov't. Code section 65863.2) prohibits cities from enforcing minimum automobile parking requirements for residential, commercial, or other development projects located within one-half (1/2) mile of "public transit," except in limited circumstances as detailed in subsection 2.

1. Definitions. For the purposes of subsection G, the following definitions shall apply:
i. "Housing development project" means a housing development project as defined in Government Code section 65589.5(h)(2).
ii. "Project" does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. iii. "Public transit" means "major transit stop" as defined in Public Resources Code section 21155.
iv. Public Resources Code section 21155 defines "major transit stop" as "a major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor." v. Public Resources Code section 21064.3 defines "major transit stop" as a site containing any of the following:
a. an existing rail or bus rapid transit station.
b. a ferry terminal served either by a bus or rail transit service. c. the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

2. Notwithstanding subparagraph 1, the City may impose or enforce minimum automobile parking requirements within one-half (1/2) mile of public transit if the City makes written findings, within 30 days of the receipt of the completed application, that not imposing or enforcing minimum automobile parking requirements on development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following, consistent with Government Code section 65863.2:
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i. The City's ability to meet its share of the regional housing need for low- and very low income households;
ii. The City's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Government Code section 65583(a)(7); or
iii. Existing residential or commercial parking within one-half (1/2) mile of the housing development project.

5. Section 17.30.100(A)(2)(a) of the West Sacramento Municipal Code is hereby amended to read as follows:
a. Parking. None beyond the parking required for the residential housing type

6. The definition of "sign face" in Section 17.31.080 is hereby amended to read as follows:

Sign face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image. Each face of the temporary sign shall count towards the square footage allowed.

7. Section 17.31.090 – Adding General Requirement language as new subsection (A).

The remainder of Section 17.31.090 is hereby re-lettered without substantive change.

Section 17.31.090(A) of the West Sacramento Municipal Code is hereby added to read as follows:
§ 17.31.090 On-Site Temporary Signs.

A. General Requirements

1. Illumination. On-site temporary signs regulated in this subsection shall not be illuminated.

2. Other Prohibitions. All prohibitions stated in Chapter 17.29.050 shall apply to temporary signs.

8. Section 17.31.110 is hereby added to the West Sacramento Municipal Code to read as follows:
§ 17.31.110 Statement of Responsibility
Every temporary sign located in a non-residential or commercial zone shall have a written corresponding statement of responsibility filed with the office of the City Clerk certifying a person who will be responsible for removing the sign and who will reimburse the City for any cost incurred to remove it, with such certification being made upon forms prepared by 979
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the City.

9. Section 17.35.040(A)(1)(d) is hereby amended to read as follows:

Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn within one (1) year of an application being deemed incomplete if no notification action is taken by the applicant, unless an extension is granted by the Director. Staff shall provide at least one notice (via e-mail or mail) to the applicant at least sixty (60) days prior to the application being deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

10. Section 17.35.040(A)(2) is hereby amended to read as follows:

2. Complete Application. When an application is deemed complete, the Director shall make a record of that date.
a. Additional Information Necessary. Following a determination that an application is complete, if the Director determines that modifications or additional information is necessary before the application can proceed, the Director shall provide written notification to the applicant listing what information is needed. b. Submittal of Additional Information. The applicant shall provide the necessary information within the time limit specified by the Director, which shall be no sooner than 30 days. The Director may grant one extension of up to ninety (90) days. c. Expiration of Application. If an applicant fails to provide the information requested by the Director within the specified time limit, the application shall expire and be deemed withdrawn within one (1) year of the written notice from the Director to the applicant if no action is taken by the applicant, unless an extension is granted by the Director. Staff shall provide at least one notice (via e-mail or mail) to the applicant at least sixty (60) days prior to the application being deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with required fees.
d. Public Hearing. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.35.060, Public Notice.

11. Section 17.35.060(A)(2) is hereby amended to read as follows:

All property owners of record and site addresses within a minimum 500-foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director to provide adequate public notification.

12. Section 17.35.100(D) is hereby amended to read as follows:

Extensions. The Zoning Administrator may approve a two-year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within the time period specified by the Review Authority, or two years of the date of the approval, if the permit or approval is substantially consistent with previous entitlements.

13. Section 17.51.020 is hereby amended to add the definition of "Low Barrier Navigation Center." The definition of "Low Barrier Navigation Center" is hereby added to Section 17.51.020 and shall read as follows:
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Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. The centers reduce barriers to access, such as not prohibiting pets or storage of possessions, permitting individuals to reside with partners, or designing shelters to permit privacy.

14. Section 18.20.040(B) is amended by removing subparagraph (2). Section

18.20.040(B) is hereby amended to read as follows:
(B) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section will be elevated so that the:

1. Lowest floor of the manufactured home is at least one foot above the base flood elevation.

Section 3. Severability. If any provision of this chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.

Section 4. Environmental Considerations. This project is exempt from California Environmental Quality Act (CEQA) review pursuant to §15305 (Minor Alterations in Land Use Limitations) and §15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment) which are classified as Categorical Exemptions of the CEQA Guidelines.

Section 5. Effective Date and Publication. This ordinance shall take effect 30 days after its adoption, and pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this __ th day of 2026, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:
981
Attachment 2
APPROVED AS TO FORM:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY
982
Attachment 3
REDLINE VERSION TO SHOW CHANGES – NOT OFFICIAL ORDINANCE

ADDITIONS ARE SHOWN IN BOLD/UNDERLINE

DELETIONS ARE SHOW IN STRIKEOUT TEXT
ORDINANCE 26-1

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO AMENDING VARIOUS SECTIONS WITHIN TITLE 8 (HEALTH AND SAFETY), 17 (ZONING), AND TITLE 18 (FLOODPLAIN MANAGEMENT) OF THE WEST

SACRAMENTO MUNICIPAL CODE
The City Council of the City of West Sacramento does ordain as follows:

Section 2. Amendments. The following amendments are made to various sections of the West Sacramento Municipal Code:

1. The definition of "Hazardous materials" in Section 8.18.040 of the West Sacramento Municipal Code is hereby amended to read as follows:
“Hazardous materials” mean those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 27 of the CFC, whether the materials are in usable or waste condition.

2. The table in Section 17.09.020 is amended by adding additional uses. The remainder of the table remains unchanged. The following is hereby added to the table in Section

17.09.020:

Specific Limitations:
(5) A Low Barrier Navigation Center shall comply with Government Code Sections 65660, 65664, and 65666
983
Attachment 3

3. Section 17.22.030(b) is amended, and Section 17.22.030(c) is added to the West Sacramento Municipal Code, to read as follows:

C. Appeals.

1. Any determination made pursuant to this section shall be subject to appeal in accordance with Chapter 17.35.130 (Appeals).

4. Section 17.27.050(G) is hereby added to the West Sacramento Municipal Code to read as follows:
(G) California Assembly Bill (AB) 2097 (2022)
AB 2097 (Government Code section 65863.2) prohibits cities from enforcing minimum automobile parking requirements for residential, commercial, or other development projects located within one-half (1/2) mile of "public transit," except in limited circumstances as detailed in subsection 2.

1. Definitions. For the purposes of subsection G, the following definitions shall apply:
i. "Housing development project" means a housing development project as defined in Government Code section 65589.5(h)(2).
ii. "Project" does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code. iii. "Public transit" means "major transit stop" as defined in Public Resources Code section 21155.
iv. Public Resources Code section 21155 defines "major transit stop" as "a major transit stop is as defined in Section 21064.3, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a highquality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor." v. Public Resources Code section 21064.3 defines "major transit stop" as a site containing any of the following:
a. an existing rail or bus rapid transit station.
b. a ferry terminal served either by a bus or rail transit service. c. the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

2. Notwithstanding subparagraph 1, the City may impose or enforce minimum automobile parking requirements within one-half (1/2) mile of public transit if the City makes written findings, within 30 days of the receipt of the completed 984
Attachment 3
application, that not imposing or enforcing minimum automobile parking requirements on development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on any of the following, consistent with Government Code section 65863.2:
i. The City's ability to meet its share of the regional housing need for low- and very low income households;
ii. The City's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to Government Code section 65583(a)(7); or
iii. Existing residential or commercial parking within one-half (1/2) mile of the housing development project.

5. Section 17.30.100(A)(2)(a) of the West Sacramento Municipal Code is hereby amended to read as follows:
a. Parking. None beyond the parking required for the residential housing type

6. The definition of "sign face" in Section 17.31.080 is hereby amended to read as follows:

7. Section 17.31.090 – Adding General Requirement language as new subsection (A). The remainder of Section 17.31.090 is hereby re-lettered without substantive change. Section

17.31.090(A) of the West Sacramento Municipal Code is hereby added to read as follows:
§ 17.31.090 On-Site Temporary Signs.

A. General Requirements.

1. Illumination. On-site temporary signs regulated in this subsection shall not be illuminated.

2. Other Prohibitions. All prohibitions stated in Chapter 17.29.050 shall apply to temporary signs.

8. Section 17.31.110 is hereby added to the West Sacramento Municipal Code to read as follows:
§ 17.31.110 Statement of Responsibility
Every temporary sign located in a non-residential or commercial zone shall have a 985
Attachment 3
written corresponding statement of responsibility filed with the office of the City Clerk certifying a person who will be responsible for removing the sign and who will reimburse the City for any cost incurred to remove it, with such certification being made upon forms prepared by the City.

9. Section 17.35.040(A)(1)(d) is hereby amended to read as follows:
d. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit, the application shall expire and be deemed withdrawn within one (1) year of an application being deemed incomplete if no notification action is taken by the applicant, unless an extension is granted by the Director. Staff shall provide at least one notice (via e-mail or mail) to the applicant at least sixty (60) days prior to the application being deemed withdrawn. After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

10. Section 17.35.040(A)(2) is hereby amended to read as follows:

After the expiration of an application, review shall require the submittal of a new, complete application, along with required fees.
d. Public Hearing. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.35.060, Public Notice.

11. Section 17.35.060(A)(2) is hereby amended to read as follows:

12. Section 17.35.100(D) is hereby amended to read as follows:

13. Section 17.51.020 is hereby amended to add the definition of "Low Barrier Navigation Center." The definition of "Low Barrier Navigation Center" is hereby added to Section

17.51.020 and shall read as follows:

14. Section 18.20.040(B) is amended by removing subparagraph (2). Section 18.20.040(B) is hereby amended to read as follows:
(B) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection A of this section will be elevated so that the:

1. Lowest floor of the manufactured home is at least one foot above the base flood elevation.; and

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this __ th day of
2026, by the following votes:

AYES:
987
Attachment 3
NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST:

APPROVED AS TO FORM:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney CODIFY _X UNCODIFY
988

CITY COUNCIL AGENDA REPORT
MEETING DATE: March 18, 2026 ITEM # 14
SUBJECT:

PUBLIC HEARING AND CONSIDERATION OF FIRST READING OF ORDINANCE 26-3 REPEALING AND REENACTING CHAPTER 5.12 OF THE CITY OF WEST SACRAMENTO

MUNICIPAL CODE RELATED TO MASSAGE BUSINESSES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:

Katie Rodgers, Senior Analyst
Community Development Department
[ ] Commission [X] Staff
[ ] Other
Daniel Berumen, AICP, Senior Planner
Community Development Department
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action

OBJECTIVE
The item is a public hearing and consideration of first reading of Ordinance 26-3 repealing and reenacting Chapter 5.12 (Massage Parlors) of the West Sacramento Municipal Code.

RECOMMENDED ACTION
Staff respectfully recommend that the City Council:

1. Conduct the public hearing;

2. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – the “Common Sense Exemption”; and,

3. Conduct the first reading of Ordinance 26-3, by title and number only, repealing and reenacting Chapter

5.12 of the City of West Sacramento Municipal Code related to Massage Businesses.

BACKGROUND
The City of West Sacramento adopted Municipal Code Section 5.12, governing “Massage Parlors,” in 1987 at the time of incorporation; essentially adopting the Yolo County code. The regulatory framework has not been substantially updated since its original adoption. In recent years, evolving industry practices, updated state laws, and public safety concerns, including alleged human trafficking and operators not sanctioned by the State of California, have made clear the need to revise and modernize the City’s massage regulations.

In 2008, the state legislature enacted the Massage Therapy Act (“Act”). The Act created a system for voluntary statewide certification of massage therapists and created the California Massage Therapy Council (“CAMTC”), which is responsible for issuing such certifications. The Act, as originally adopted by the legislature in 2008, also established significant limitations on how massage therapists could be regulated by cities and counties.

In 2014, the state legislature amended the Act and, beneficially, returned land use and establishment authority to local jurisdictions, thereby allowing cities and counties to regulate the terms upon which massage businesses can open and operate. Under the amended Act, CAMTC still maintained responsibility for voluntary massage therapist certification, and local agencies were still somewhat restricted on limiting the conditions under which massage therapy services can be performed. However, local agencies were once again allowed to impose regulations regarding the way massage businesses may be operated (e.g., business permit issuance and requirements, health and safety standards, operating hours, advertising regulations, etc.). For the purposes of this proposed ordinance, it is important to note that certification through CAMTC to perform massage services is not a requirement under the Act, but rather remains voluntary. Thus, local agencies may establish either more or less restrictive educational and training standards for individuals seeking to perform massage services within that agency’s jurisdiction.

According to information recently provided to staff by CAMTC, there are approximately 255 cities and counties in California that require – either through ordinance or policy – individuals performing massage services to obtain CAMTC certification. The cities of Rocklin, Lincoln, Citrus Heights, Folsom, Yuba, Marysville, Elk Grove, Roseville, and Rancho Cordova all require CAMTC certification for massage therapists. While the cities of Auburn and Sacramento do not require CAMTC certification, they require that massage therapists complete a massage program from an approved school with 200 and 250 hours of classroom instruction, respectively (200 hours of classroom instruction is West Sacramento’s current requirement). 989
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March 18, 2026

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Existing Massage Business Outreach
Since commencing work on the draft ordinance, staff have undertaken comprehensive and multilingual outreach efforts to notify affected stakeholders, solicit feedback, and encourage participation in the ordinance update process.

On May 3, 2025, staff mailed an initial notification letter to all active massage establishments and associated property owners within the City. The letter outlined the proposed regulatory changes, explained the purpose of the ordinance update, and invited recipients to attend a community meeting and provide feedback. In addition to the mailed notification, staff conducted in-person outreach throughout the month of May 2025. Planning and Code Enforcement Division staff visited each existing massage establishment to personally inform business operators and on-site staff about the ordinance revision process and to extend invitations to the business community meeting held on May 22, 2025. These site visits provided an opportunity for introductions to key City staff from Community Development to enter into direct dialogue, clarification of proposed changes, and identification of any preliminary concerns. The City hosted a public meeting on May 22, 2025, inviting all massage businesses to attend, learn more about the proposed updates, and provide comments. The meeting served as an open forum for questions and discussion and allowed staff to gather valuable input to inform refinement of the draft ordinance. The meeting had at least one representative from all existing massage establishments in attendance. The Police Chief was also present at the meeting.

ANALYSIS
Over the past several years, many jurisdictions throughout the region have updated their regulatory frameworks governing massage businesses and massage practitioners. These updates have often included enhanced licensing requirements, clearer operational standards, and increased enforcement efforts related to unpermitted facilities. As regulatory approaches have evolved regionally, some massage businesses have sought to establish operations in jurisdictions with differing regulatory structures, including West Sacramento.

While the City supports legitimate massage businesses that operate responsibly and provide valuable wellness services to the community, the City’s current ordinance has created regulatory gaps that can make it more difficult to ensure consistent compliance with applicable standards. In recent years, the City has experienced an increase in code enforcement inquiries and public safety concerns related to certain massage business operations that may not fully align with municipal code requirements or professional regulatory frameworks.

Local governments throughout California have increasingly recognized the importance of maintaining clear regulatory standards for massage businesses to support legitimate operators, promote transparency, and reduce the potential for unlawful or incompatible activities. Strengthening local regulatory frameworks can also assist law enforcement and code enforcement agencies in addressing community concerns more effectively.

The proposed amendments to Chapter 5.12 are intended to modernize the City’s regulatory framework, clarify operational expectations, and improve the City’s ability to ensure compliance with applicable laws and professional standards. The proposed updates are designed to support reputable massage businesses while providing clearer tools to address potential violations and protect the health, safety, and welfare of the community.

Summary of Changes
One of the most critical changes being proposed is requiring that all massage practitioners obtain CAMTC certification prior to providing massage services. Most of the other proposed changes are to add clarity and consistency to the massage business permit application process and requirements, which will make administration and tracking of applications and permits more efficient. The pending ordinance changes also clarify and strengthen operational requirements for massage businesses and massage services and increase potential penalties for noncompliance.

In addition to individual certification, businesses offering massage services must obtain and maintain a Cityissued Massage Business Permit as well as a valid City business license. This two-layer compliance structure, professional certification and local business permitting clarifies responsibilities and enhances enforceability.

The ordinance expands and clarifies the scope of regulated activities. It expressly includes sole practitioners and permanent or semi-permanent seated massage or reflexology installations within the definition of a massage business. The definition of “compensation” is broadened to include indirect payment methods such as memberships or subscription models, ensuring that emerging business formats are addressed. 990
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The permit application process is significantly updated and strengthened. Applicants must provide detailed ownership and business structure information, proof of property owner authorization, employee and contractor rosters, verification of CAMTC certification for practitioners, evidence of insurance coverage, and LiveScan fingerprint submissions. The ordinance also establishes clear timelines for application completeness review, investigation, approval or denial, and renewal procedures. Permits are valid for two years unless otherwise conditioned, and renewals must be submitted in advance to avoid lapse of permission to operate.

The ordinance codifies objective grounds for permit denial, suspension, and revocation. These include specified criminal convictions, prior permit discipline, false or misleading application information, failure to comply with applicable laws, and location-based factors such as prior closures due to unlawful activity. An administrative appeal process is provided to ensure due process protection for applicants.

Operational standards are also comprehensively updated. Massage businesses are limited to operation between 7:00 a.m. and 9:00 p.m. Services and pricing must be clearly posted, and only listed services may be provided.

Businesses must maintain a service ledger documenting date, time, service provided, and practitioner name, retained for two years and available for inspection. Sanitation requirements address linens, disinfection, sterilization of instruments, ventilation, lighting, and water access. Physical requirements regulate visibility of reception areas, prohibit obscured entry points, and restrict use of massage establishments for sleeping or residential purposes.

The ordinance also strengthens public safety protections through explicit prohibitions on sexual contact and establishes written consent requirements for specific body areas. It also incorporates human trafficking notice posting requirements consistent with State law.

Inspections and Enforcement
The ordinance establishes inspection authority and creates a formal Massage Business Inspection Program to be administered by the City’s Code Enforcement Division. The inspection provisions identify the departments that may participate in inspections, including Police, Fire, Community Development, and/or Environmental Health officials and in accordance with lawful procedures. These provisions are intended to support consistent field practices and ensure the City’s regulatory framework remains clear, fair, and defensible.

The ordinance also requires massage businesses to report certain operational changes following permit issuance, such as staffing changes, certification status, ownership changes, or other relevant updates, so that City records accurately reflect current business operations.

If violations are identified during inspections, the City will generally seek to achieve voluntary compliance through notice and an opportunity to correct the issue. If compliance cannot be achieved through administrative measures, the City may pursue enforcement actions consistent with the Municipal Code, which may include:
 Administrative fines;
 Permit suspension or revocation; or
 Business closure in cases of continued non-compliance.

If the Council adopts the proposed ordinance and licensing program, the City would initiate the inspection program with a baseline inspection of all existing massage establishments operating within West Sacramento.

Following the initial review, establishments would generally be inspected on an annual basis as part of the City’s ongoing compliance program. When compliance issues are identified, Code Enforcement staff will work with business operators to achieve compliance with applicable regulations, which may include follow-up inspections to verify corrective actions.

Transition Rules for Existing Businesses
To balance objectives of this ordinance with practical implementation for existing operators, the ordinance provides two transition timelines:
1) Existing massage businesses/sole practitioners operating prior to the effective date must submit a City Massage Business Permit application within 60 days; and 2) A limited amortization period of eight months for businesses (and individuals within those businesses) that hold an active City business license as of the effective date to become CAMTC certified. 991
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With the understanding that many current providers may not be CAMTC certified, the ordinance establishes this amortization period to apply only to massage businesses that already have an active City business license as of the effective date. Those businesses have up to eight months to ensure all persons providing massage services become certified; after that, the amortization provision becomes non-operative and requires that everyone providing massage services must be certified. Staff believe this approach advances the City’s policy direction toward full CAMTC certification while reducing sudden disruption to existing businesses and giving time for workforce transitions, training/certification completion, as well as administrative processing.

Exemptions from the Ordinance
The following professionals are exempt from the ordinance:
 Licensed medical professionals (e.g., doctors, physical therapists, chiropractors);  Licensed barbers and cosmetologists providing services limited to the face, neck, hands, or feet;  Athletic trainers and hospital staff within their licensed scope.

It should be noted that earlier drafts of the ordinance, including a draft provided to those attending the May 2025 community meeting, allowed for a broader expanse of exemptions. After considering community input and further evaluation on the City’s approach on how to eliminate the current regulatory gaps, several of the draft exemptions were reconsidered and removed from the final draft. The current set of exemptions are meant to address business types that occasionally use massage as an ancillary therapy or treatment.

Collectively, the changes modernize Chapter 5.12, provide oversight and accountability, align the City’s regulatory framework with statewide standards, and provide balanced implementation measures that support legitimate massage businesses while ensuring protections for public health and safety.

Environmental Considerations
The massage ordinance update is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) - the “Common Sense Exemption.” The update involves regulatory amendments that have no potential to have a significant effect on the environment. It does not authorize or permit any development or physical change in land use.

Commission Recommendation
This item was not presented at any commission, as Title 5 of the Municipal Code is not governed by any commission body outside of the City Council.

Strategic Plan Integration
This project advances the City Council’s 2025 Strategic Management Priorities: Citywide Public Safety, Security and Service Metrics.

Alternatives
The City Council’s primary alternatives are summarized below.

1. Consider first reading of Ordinance 26-3; or

2. Deny consideration of Ordinance 26-3; and/or

3. Continue the item to a future date and request additional information be provided at that time.

Staff recommend Alternative 1. Alternatives 2 and 3 are not recommended as implementation of the massage ordinance updates have been contemplated for several years. Continued delay of updating the ordinance could result in a continued influx of business license applications for new massage establishments attempting to occupy locations in the city under the older, less-regulated ordinance.

Coordination and Review
This report was developed by the Community Development Department in coordination with the Police Department and the City Attorney’s Office. The California Massage Therapy Council (CAMTC) also worked closely with staff to review the draft ordinance and contributed best practices and sample ordinances from other California jurisdictions.

Budget/Cost Impact
992
Ordinance 26-3
March 18, 2026

Page 5 ends

There is minimal fiscal impact anticipated. Some staff resources will be needed for outreach and enforcement, but these will be absorbed within current operating budgets. In addition, applicants will provide an application deposit-based fee to cover staff costs to review, comment on and to issue licenses.

ATTACHMENTS

1. Draft Ordinance 26-3 (Massage)

2. Existing Municipal Code Section 5.12- Massage Parlors

3. Letter of Support: California Massage Therapy Council (CAMTC) 993
ATTACHMENT 1
ORDINANCE 26-3

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST SACRAMENTO REPEALING AND REENACTING CHAPTER 5.12 OF THE

CITY OF WEST SACRAMENTO MUNICIPAL CODE RELATED TO MASSAGE

BUSINESSES
WHEREAS, the City is authorized to permit, deny, and otherwise regulate and monitor businesses within the City pursuant to its general police powers where doing so is in the interest of the public's health, safety, and general welfare; and
WHEREAS, Business and Professions Code section 4600 et seq. governs the certification of massage therapy professionals, imposes training and technique requirements to protect their clients, and establishes the California Massage Therapy Council ("CAMTC") as the governing body of such certifications; and
WHEREAS, the City is expressly authorized to regulate massage businesses pursuant to its general police powers and more specifically pursuant to Government Code section 51030 et seq.; and
WHEREAS, in its current form West Sacramento Municipal Code Chapter 5.12 is difficult to enforce, unclear, and outdated, particularly in light of modern knowledge of the benefits and uses of massage therapy; and
WHEREAS, staff, including but not limited to representatives of Code Enforcement, Community Development, Economic Development, and the Police Department, in collaboration with the City Attorney's office, have prepared proposed changes to Chapter 5.12 to make the Chapter more clear for massage businesses, therapists and practitioners wishing to operate in the City, for staff seeking to enforce it provisions, and for massage clients to consider, to the great benefit of the public health, safety, and general welfare and orderly development of the City; and WHEREAS, the City Council wishes to update Chapter 5.12 of the City Municipal Code related to massage businesses and those who provide massage services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO DOES ORDAIN AS FOLLOWS:

Section 1. Purpose and Authority. The purpose of this Ordinance is to repeal and reenact Chapter 5.12 of the City of West Sacramento Municipal Code related to massage businesses in order to protect the public health, safety, and general welfare and allow for the safe and orderly management and operation of massage businesses and those who provide massage services, as well as their clients. The Ordinance is enacted in accordance with the authority granted to cities by State law, particularly Government Code section 51030 et seq. and Business and Professions Code section 4600 et seq.

Section 2. Repeal and Reenactment. Chapter 5.12 of the City of West Sacramento Municipal Code is hereby repealed and reenacted to read as follows:
994
4933-3280-8821.6 007203.016
CHAPTER 5.12 MASSAGE BUSINESSES
§ 5.12.010 Purpose and Intent
§ 5.12.020 Definitions
§ 5.12.030 CAMTC Certification and Massage Business Permit Required; Prohibited Activities
§ 5.12.040 Limited Amortization Period for Existing Massage Businesses and Massage Professionals
§ 5.12.050 City Massage Business Application and Permit § 5.12.060 Massage Business Permit Issuance – Investigation – Grounds for Denial. § 5.12.070 Operating Requirements
§ 5.12.080 Inspection of Records and Facilities by Officials- Massage Business Inspection Program
§ 5.12.090 Reporting Changes to Information Provided in Application Following Issuance of Massage Business Permit
§ 5.12.100 Exemptions
§ 5.12.110 Violation – Penalties
§ 5.12.120 Suspension or Revocation of Massage Business Permit; Appeal § 5.12.130 Public Nuisance
§ 5.12.140 Severability
§ 5.12.150 Usage

5.12.010 Purpose and Intent
A. In enacting this Chapter, the City Council recognizes that commercial Massage Therapy is a professional pursuit which can offer the public valuable health and therapeutic benefits. The City Council further recognizes that, unless properly regulated, the provision of massage services and the operation of massage businesses may be associated with unlawful activity and pose a threat to the public health, safety, and general welfare as well as quality of life in the local community.

Accordingly, it is the purpose and intent of this Chapter to protect the public health, safety, and welfare by providing for the orderly regulation of businesses providing massage services while prohibiting prostitution, human trafficking, money laundering, and other illegal activities carried on under the guise of massage therapy, and establishing certain sanitation, health, and operational standards for massage businesses.

B. Furthermore, it is the purpose and intent of this Chapter to reduce or prevent neighborhood blight and to protect and preserve the quality of city neighborhoods and commercial districts; and to enhance enforcement of criminal statutes relating to the conduct of owners, operators and employees of massage businesses.

C. It is the City Council’s further purpose and intent to rely upon the uniform statewide regulations applicable to massage therapists, massage practitioners, and massage establishments that were enacted by state law and to restrict the commercial practice of massage in the city to those persons duly Certified to practice by the California Massage Therapy Council, and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law.

D. In enacting this Ordinance, the City Council expressly intends to make it unlawful for those who perform Massage for compensation to operate within the City of West Sacramento unless they are Certified pursuant to the Massage Therapy Act or are otherwise exempt under state law and this Ordinance, and to ensure that businesses that offer Massage Services only employ Certified Massage Practitioners. 995
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5.12.020 Definitions
For the purposes of this Chapter, unless the particular provision or the context otherwise clearly requires, the definitions in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter:

A. "Applicant" means any person that seeks a massage business permit as required by this Chapter.

B. “Business” means the same as defined in Section 5.04.050 of this Code, as may be amended from time to time.

C. “California Massage Therapy Council” or “CAMTC” means the entity established by law pursuant to Business and Professions Code section 4602 and tasked with being the oversight body to certify massage professionals and ensure full compliance with the Massage Therapy Act.

D. “Certificate” means the certificate issued by the CAMTC to massage therapists pursuant to Business and Professions Code Section 4601(h), and to massage practitioners pursuant to subdivision 4601(g), 4604.1(a), or 4604.2(c).

E. “Certified Massage Practitioner” or "Certified Practitioner" means an individual certified by CAMTC to practice massage therapy with a current and valid certification from CAMTC. For purposes of this Chapter, the terms "Certified Massage Practitioner" and "Certified Practitioner" are synonymous and means both certified massage therapists as defined in Business and Professions Code sections 4601(h), and certified massage practitioners as defined in Business and Professions Code sections 4601(g), 4604.1(a), or 4604.2(c).

F. “Client” means the customer or patron who provides compensation for or receives massage services.

G. "Community Development Director" or "Director" means the City of West Sacramento Community Development Director or designee.

H. “Compensation ” means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. Compensation expressly includes the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value for a product, membership, subscription, or other form of access to a product, service, or facility where massage is provided, but direct payment for a massage is not required.

I. "Conviction" or "Convicted" means and includes a conviction following a plea or verdict of guilty, or plea of nolo contendere (no contest).

J. "Independent Contractor" means a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.

K. "Massage" means the treating of the external parts of the body by any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage.

L. “Massage Business” means any business where massage services are available. “Massage Business” expressly includes, but is not limited to, a Sole Practitioner.

M. “Massage Business Permit” or "Permit" means a permit issued by the Community Development Director in accordance with this Chapter.

N. "Massage Services" means the provision of Massage for any form of Compensation.

O. “Massage Therapy” means the provision of Massage Services by a Certified Massage Practitioner.
996
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P. “Operator” or “Massage Business Operator” means any and all person involved in the ownership or management of a Massage Business, whether actively or passively involved in the management and operations of the business.

Q. "Ordinance" means Ordinance 26-3 which repealed and reenacted this Chapter 5.12.

R. “Owner” means any and all owners of a Massage Business including any of the following persons:

1. A Sole Practitioner as defined in this Section;

2. Any general partner of a general or limited partnership that owns a Massage Business;

3. Any Person who has an ownership interest in a corporation that owns a Massage Business;

4. Any person who is a member of a limited liability company that owns a Massage Business;

5. A massage professional acting as an Independent Contractor as defined in this Section;

6. All owners of any other type of business association that owns a Massage Business.

S. "Person" means any natural person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.

T. "Sole Practitioner" means a Massage Business where the owner owns one hundred percent (100%) of the business, is a Certified Massage Practitioner, is the only person who provides Massage Services for that business, and has one or no other employees or Independent Contractors.

5.12.30 CAMTC Certification and Massage Business Permit Required; Prohibited Activities
A. It is unlawful for any Person to own, conduct, operate or maintain a Massage Business within the City without having a valid Massage Business Permit issued pursuant to this Chapter. Massage Business Permits shall also be required of any permanent or semipermanent seated massage or reflexology installation where Massage Services are provided in whole or in part by a natural person.

B. It is unlawful for any person to own, conduct, operate or maintain a Massage Business within the City unless all Persons providing Massage Services at the Massage Business is a Certified Massage Practitioner. A Massage Business Permit shall in no way be construed to allow any Person to perform Massage Services within the City without an active and valid Certificate from the CAMTC.

C. It is unlawful for any Person to provide Massage Services within the City unless that Person is a Certified Massage Practitioner.

D. It is unlawful for any Person to, in the course of administering any Massage Services, make physical contact with the genitals or anal region of any other Person regardless of whether the contact is over or under the Person’s clothing. Providing Massage Services upon female breasts is prohibited without the written consent of the Person receiving the Massage.

E. All Businesses or Sole Practitioners conducting Massage in the City prior to the effective date of the Ordinance will have until 60 calendar days after the effective date of the Ordinance to submit a Massage Business Permit application pursuant to the requirements of Section 5.12.050.

F. It is unlawful for a Massage Business to operate without having a valid City business license in addition to a valid Massage Business Permit. 997
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5.12.040 Limited Amortization Period for Existing Businesses and Massage Professionals The City recognizes that there are currently massage professionals not certified by the CAMTC providing massage services within the City, and Massage Businesses that employ those uncertified massage professionals. To further the City's goals of regulating massage, and to accommodate existing Business interests, the City hereby establishes a limited amortization period, as described below:

A. This amortization period only applies to Massage Businesses that, as of the effective date of the Ordinance, had an active and valid City-issued Business license demonstrating that the Business provides Massage Services as of the effective date of the Ordinance, and to massage professionals employed or retained by those Businesses.

B. Each such Massage Business will have eight (8) months from the effective date of the Ordinance to ensure that any Person providing Massage Services at that Business is a Certified Massage Practitioner.

C. Any Business or massage professional falling under the limited amortization period shall comply with all the other requirements of this Chapter, except for the CAMTC certification requirements.

D. The Community Development Director may impose conditions upon a Massage Business Permit to implement this Section.

E. This Section shall become non-operative eight (8) months after the effective date of the Ordinance. Following the non-operative date, every Person providing Massage Services in the City must be a Certified Massage Practitioner.

5.12.050 City Massage Business Application and Permit
A. All applications for Massage Business Permits shall be filed with the Community Development Department and shall contain such information as the Community Development Director shall reasonably deem necessary for the proper processing of the application. The application for a Permit does not authorize the operation of a Massage Business unless and until such Permit has been issued.

B. An application for a Massage Business Permit shall be made by the Owner, as defined in Section 5.12.020(R). Such application shall designate the Person or Persons who will be the operator, if applicable, of the premises.

C. Application. The permit application for a Massage Business Permit shall include at least the following:

1. The full true name and any other names used by the Applicant. If the Applicant is:
a. An individual, the individual shall state his or her full legal name. b. A partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. In addition, the application must designate the person who will provide all information required by this Chapter.
c. A limited liability company, the limited liability company shall state its complete name, the date of its formation, evidence the limited liability company is in good standing under the laws of California, and the names and capacities of all members and/or managers. In addition, the application must designate the person who will provide all information required by this Chapter.
d. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers and directors, and the name of the registered corporate agent and the address of the registered agent for service of process. In addition, the application must designate the person who will provide all information required by this 998
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Chapter.

2. The true, full and precise name under which the Massage Business is to be conducted, as well as any and all names under which the Massage Business is to be advertised.

3. The address where the Massage Business is to be located and all telephone numbers for the Massage Business.

4. The name and address of the owner of the real property upon or in which the proposed Massage Business is to be conducted and, if applicable, the lessor. In the event the Applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease containing specific language from the owner of the property acknowledging that a Massage Business will be located on the property. If the lease does not contain such language, then the Applicant shall submit other documentation demonstrating the property owner's knowledge and approval of the operation of a Massage Business on the property.

5. The current residential address and telephone number of the Owner, as well as the operator (if the operator is a different person) who will be principally in charge of the operation of the Massage Business, and the previous residential addresses and business addresses within the previous five years, if any.

6. The Applicant's height, weight, eye color, and hair color.

7. Written proof to the satisfaction of the City that the Applicant is at least 18 years of age.

8. The Applicant's business, occupation or employment history for the five years immediately preceding the date of the application. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

9. The massage or similar business license history of the Applicant, including whether such person, previously operating in this city or another city, county or state under a certificate, license or permit, has had such certificate, license or permit denied, revoked or suspended; and the reasons and dates for any such denial, revocation or suspension. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

10. All criminal convictions, except minor traffic violations. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply.

11. A complete and current list of the names and birthdates of all employees or independent contractors who are or will be employed or retained in the Massage Business, and information satisfactory to the Director demonstrating whether each Person providing Massage Services is a Certified Practitioner and will be providing services as an employee or Independent Contractor. All individuals providing Massage Services must be Certified Massage Practitioners.

12. A clear, color photocopy of a valid, government issued identification card for each Applicant.

13. A complete set of fingerprints (LiveScan) for each Applicant. If the Applicant is a Certified Massage Practitioner, this requirement shall not apply. The Applicant shall be responsible for payment of any associated fees to the City.

14. If the Owner will provide Massage Services, the Owner's original CAMTC Certificate and original CAMTC photo identification card.

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

16. Such other identification and information as the City may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.
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17. A current and valid policy of insurance issued by an insurance company authorized to do business in the state of California evidencing that the Applicant is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to any one person arising out of the operation of any Massage Business and the administration of a Massage Services.

18. Proof of current City of West Sacramento Business license or submittal of a Business license application for the Massage Business.

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

D. Additional Information. In the event that the Community Development Director requires further information, or deems the application incomplete, the Applicant shall be notified in writing of the required information within 20 calendar days of submitting the application.

Additional information shall be provided within 15 calendar days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.

E. Amendment. Following submission of an application, but before issuance of a Permit, if an Applicant discovers a need to provide additional information, or the need to correct information previously provided in the submitted application, the Applicant shall reach out to the Community Development Director within three (3) calendar days of discovering the need, and provide and/or correct information on the submitted application.

F. Renewal. A Massage Business shall apply to the City to renew its Massage Business Permit at least ninety (90) calendar days, but no more than one hundred fifty (150) days, prior to the expiration of said Massage Business Permit. If an application for renewal of a Massage Business Permit and all required information is not timely received and the Massage Business Permit expires, no right or privilege to provide Massage shall exist.

The same standards for review and approval of initial Permit issuance shall apply to renewal. The City shall establish fees for administration of renewals.

G. Fees. There shall be an administrative fee for the Massage Business Permit application or any amendment or renewal thereof. The City shall establish fees for implementation and enforcement of this Chapter.

H. Transfer. A Massage Business Permit may not be transferred from one person to another person or from one location to another location without approval of an amendment as described in Section 5.12.090. Any attempt to transfer the permit without an approved amendment shall make it immediately null and void.

5.12.060 Massage Business Permit issuance – Investigation – Grounds for Denial.

A. Upon receipt of a completed Massage Business Permit application in a form and content suitable to the Community Development Director, the Director, in consultation with the Police Chief, shall conduct an investigation, including an inspection of the Massage Business, if applicable, to ascertain whether a Permit should be issued as requested. The Community Development Director shall approve, condition or deny the Permit. An application not approved within one hundred fifty (150) days shall be deemed denied.

B. A Permit issued pursuant to this Chapter is valid for two years from the date of issuance unless otherwise conditioned by the Community Development Director. Until a Permit has been issued, no Massage Business may operate within the City.

C. The Community Development Director may deny a Permit provided for in this Chapter if he or she finds any of the following:

1. The Applicant, any Owner, or any Person directly engaged, employed, or retained in the Massage Business, has:
a. Been convicted of a violation of any provision of law pursuant to which a 1000
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person is required to register under the provisions of Penal Code section 290, or conduct in violation of California Penal Code sections 266h, 266i, 314, 315, 316, 318, subsections (b) or (d) of Penal Code section 647, Penal Code section 653.23, as may be amended, or convicted of an attempt to commit or conspiracy to commit any of the above-mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of California Penal Code sections 415 or 602, as may be amended, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a Massage Business or the practice of Massage.
b. Been convicted of a violation of Health and Safety Code section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, as may be amended.
c. Been convicted of any offense in any other state or U.S. territory, which is the equivalent of any of the abovementioned offenses.
d. Been subjected to a permanent injunction against the conduction or maintaining of a nuisance pursuant to sections 11225 through 11235 of the California Penal Code, as may be amended, or any similar provisions of law in a jurisdiction outside the state of California.
e. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this Chapter, would be grounds for denial, suspension or revocation of the Permit.
f. Committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a Permit.
g. Had a Massage Business Permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

2. The Applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application.

3. The application does not contain all the information required by Section 5.12.050 and Applicant fails to complete the application after having been notified of any additional information or documents required.

4. The Applicant is not at least 18 years of age.

5. The Massage Business, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this Chapter.

6. The Applicant failed to obtain all the necessary approvals from the necessary City departments or other governmental agencies, including, but not limited to, the City's Community Development Department.

7. The Applicant has refused to or cannot meet the requirements established by this Chapter.

8. The required fee(s) have not been paid and/or any other requirements of this Chapter have not been satisfied within the time specified. 1001
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9. The Massage Business is proposed in the same location in which a Massage Business has previously been closed due to criminal activity within three years prior to the date of the application.

10. If, in the Director's judgment, and supported by documentation and investigation, the proposed Massage Business is reasonably likely to be a threat to the public health, safety, or general welfare for any reason.

11. If the Massage Business is proposed in a location where, in the past two years, a previous Massage Business at that location received a notice of suspension, revocation, or fine issued pursuant to this Chapter.

D. Notwithstanding subsection C, the Applicant shall not be denied a Permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under section 4852.01 of the California Penal Code, as may be amended, or on the basis that he or she has been convicted of a misdemeanor not specified in subsection (C)(1)(a), (b), or (c) of this Section.

E. If the Community Development Director, upon completion of the application review and in consultation with the Police Chief’s investigation, determines the Applicant does not fulfill the requirements set forth in this Chapter, the Community Development Director shall provide written notification of the denial to the Applicant. The Applicant shall have the right to appeal to a hearing officer as set forth in Chapter 1.08.

F. Reapplication. No reapplication will be accepted within one (1) year after a City Massage Business Permit application is denied.

G. Upon issuance of any Permit, the Community Development Director may limit the Permit by any condition reasonably necessary to preserve the intent and purpose of this Chapter.

Such Permit limitations shall be in writing and provided to the permittee.

5.12.070 Operating Requirements
A Massage Business operating in the City shall comply with the following operational requirements. These requirements expressly apply to Massage Businesses and Certified Massage Practitioners that operate from a fixed location as well as at remote, movable, on-call locations (e.g. travel to clients).

A. A Massage Business shall hold a current and valid Massage Business Permit.

B. All Massage Business employees, agents, Independent Contractors, or other staff offering or providing Massage Services shall display their original Certificate at the Massage Business where they provide Massage Services. A Certificate holder shall have their identification card in their possession while providing Massage Services.

C. A Massage Business or Certified Practitioner shall not offer Massage Services except between the hours of 7:00 am (seven a.m.) and 9:00 pm (nine p.m). A Massage Business may not be open later than nine p.m. A Massage commenced prior to nine p.m. must terminate at or before nine p.m. All potential or actual Clients must leave the Massage Business at or before nine p.m.

D. A list of Massage Services and cost of each shall be prominently posted in the reception area of a Massage Business. Massage Businesses and Certified Practitioners that travel to locations must provide such list in advance of providing any Massage Services. No Massage Service except those detailed on such list may be offered or provided by a Massage Business or Certified Practitioner.

E. A Massage Business and Certified Practitioner shall keep an accurate and updated ledger of all Massage Services conducted including at least: the date and time, service provided, and name of the Certified Practitioner. Such records shall be readily available and provided for inspection at any time at the request of the Community Development Director.

Such records shall be retained on the premises of the Massage Business for a period of two years.

F. Massage Businesses shall at all times be equipped with an adequate supply of clean 1002
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sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one Client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one Client. Soiled linens and paper towels shall be deposited in separate, appropriate receptacles.

G. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bathrooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open, with an appropriate disinfectant. Bathtubs shall be thoroughly cleaned after each use with an appropriate disinfectant. All walls, ceilings, floors, and other physical facilities for the Massage Business must be in good repair and maintained in a clean and sanitary condition.

H. Instruments utilized in performing massage shall not be used on more than one Client unless they have been sterilized using an appropriate sterilization method.

I. All Massage Business operators and employees, agents, Independent Contractors, and other staff, no matter if offering or providing Massage Services or not, shall wear clean outer garments. Said garments shall not be, or be worn in a manner, that is deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

J. No person shall enter, be, or remain in any part of a Massage Business while in possession of an open container of alcohol or drugs except prescribed medication, or consuming, using, or under the influence of any alcoholic beverage or drugs except prescribed medication. No Owner or operator shall permit any such person to enter or remain upon such premises.

K. No Massage Business shall operate as a school of Massage or use the same facilities as that of a school of Massage.

L. No Massage Business shall place, publish, or distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective Clients that any service is available other than those services listed as an available service, nor shall any Massage Business employ language in the text of such advertising that would reasonably suggest to a prospective Client that any service is available other than those services as described in compliance with the provisions of this Chapter.

M. No Massage shall be given unless the Client’s genitalia and, if applicable, female breasts are, at all times, fully covered. A person providing Massage Services shall not, in the course of administering any Massage, make physical contact with the genitals or anal region of any other person regardless of whether the contact is over or under the person’s clothing. Providing Massage of female breasts without the written consent of the Client receiving the massage is prohibited. When providing Massage of female breasts after receiving written consent, the requirement female breasts be fully covered shall not apply.

N. The Massage Business shall remain unlocked during business hours when the Massage Business is open for business and when clients are present. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no Massage Business staff available to assure the security of clients and massage professionals who are behind closed doors. This subsection shall not apply to Sole Practitioners as defined in Section 5.12.020 of this Chapter.

O. Massage Rooms. The room where Massage is administered for each client shall have doors that remain unlocked at all times any client is in the room. A separate dressing area and clothing storage area is required where the massage is performed in a place other than where the client changes their clothing. Doors to such dressing rooms shall be selfclosing.

P. No Massage Business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block 1003
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visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than twenty-five percent of the interior reception and waiting area is not visible from the exterior window.

Q. All signs shall be in conformance with the current ordinances of the City.

R. Display of Human Trafficking Notices. The Massage Business shall comply with the requirements of California Civil Code section 52.6 related to the posting of information for victims of human trafficking.

S. Minimum lighting consisting of at least one artificial light of not less than forty watts shall be provided and shall be operating in each room or enclosure where Massage Services are being performed on Clients, and in all areas where Clients are present.

T. Restroom facilities and building ventilation shall be provided in accordance with applicable building codes and regulations.

U. Hot and cold running water shall be provided to a Massage Business at all times.

V. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing massage services. Sanitary towels and liquid soap shall also be provided at each basin.

W. A massage table or chair shall be used for all Massage Services, with the exception of “Thai”, “shiatsu”, and similar forms of massage therapy, which may be provided on a padded mat on the floor. Pads used on massage tables shall be covered with an appropriate material.

X. Beds, futons, mattresses, air mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no Massage Business shall be used for residential or sleeping purposes
Y. All Massage Businesses shall comply with all local, county, state, and federal laws and regulations regarding operation of the Massage Business, including, but not limited to those related to accessibility.

5.12.080 Inspection of Records and Facilities by Officials- Massage Business Inspection Program
A. Records and Massage Facilities Subject to Inspection, Review, and Audit. The investigating and enforcing officials of the City, including but not limited to, representatives of the Police Department, Fire Department, Code Enforcement, Community Development Director, County Health, and Building Official, or their designees, shall be permitted to enter and inspect a Massage Business at any reasonable time, without charge or other restraint and in accordance with procedures required by law, to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statues, and any provisions of this Chapter.

B. Massage Business Inspection Program. The City shall conduct inspections of all Massage Businesses subject to the requirements of this Chapter, hereinafter referred to as the “Massage Business Inspection Program”.

1. The Massage Business Inspection Program is intended to function in parallel with the other enforcement mechanisms specified in this Chapter. The City reserves the right to pursue all other civil, criminal, administrative, and code enforcement remedies available by law to ensure compliance with this Chapter.

2. The City may charge a fee for any staff and/or administrative costs related to the scheduling, conducting, and required follow-up activities related to inspections.

C. Violations of this Chapter are also violations of Title 19 of the West Sacramento Municipal Code and are subject to enforcement in accordance with both provisions which may include progressive application of administrative proceedings, abatement, civil actions and 1004
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civil penalties, and may also be prosecuted as a misdemeanor or infraction depending on the nature and repetitiveness of the violations. Nothing in this Chapter shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief. (Ord. 05-15 § 1)

5.12.090 Reporting Changes to Information Provided in Application Following Issuance of Massage Business Permit
A. A Massage Business shall notify the Community Development Director of any changes to the information provided in the Massage Business Permit application, including, but not limited to, a list of all current employees and associated contractors or changes in CAMTC certification to those offering or providing Massage Services, changes in ownership or ownership structure, a change in the location of the Massage Business, or changes in Owner(s) information as soon as possible, but not longer than thirty (30) days of the Owner's knowledge of the change.

B. Each Owner or operator of a Massage Business is individually responsible for reporting any of the following within three (3) business days of the occurrence, but may nonetheless collectively notify the Community Development Director of the occurrence:

1. Arrests of any Owners, operators, employees, agents, Independent Contractors, or other staff of the Massage Business for any reason, other than a misdemeanor traffic offense.

2. Resignations, terminations, or transfers of any employee, agent, independent contractor, or other staff person offering or providing Massage Services at or for the Massage Business;

3. Suspension or revocation of the CAMTC certification of any employee, agent, Independent Contractor, or other staff person offering or providing Massage Services at or for the Massage Business.

4. Any event involving the Massage Business or the Massage Practitioners employed therein that constitutes a violation of this Chapter or state or federal law.

C. This provision requires reporting to the Community Development Director even if the Massage Business believes that the Community Development Director has or will receive the information from another source.

5.12.100 Exemptions
A. The provisions of this Chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

1. Physicians, surgeons, chiropractors, osteopaths, nurses, acupuncturists in compliance with State law (Business and Professions Code section 4927, et seq.), or any physical therapists who are duly licensed to practice their respective professions in the state of California and persons working directly under the supervision of or at the direction of such licensed persons, working at the same location as the licensed person, and administering Massage subject to review or oversight by the licensed person.

2. Barbers and beauticians who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses. This exception applies solely to the massaging of the neck, face and/or scalp, hands, or feet of the clients.

3. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the state of California, and employees of these licensed institutions, while acting within the scope of their employment.

4. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

5. Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers 1005
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working in conjunction with a specific athletic event.

5.12.110 Violation—Penalties
Unless otherwise exempted by the provisions of this Chapter, every Person, whether acting as an individual, Owner, operator, employee, Independent Contractor or agent of the Owner or operator who offers or provides Massage Services or conducts a Massage Business in violation of this Chapter shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with Chapter 1.12 of this code.

Any Massage Business operated, conducted, or maintained contrary to the provisions of this Chapter shall constitute an unlawful business practice pursuant to Business and Professions Code section 17200 et seq., and the District Attorney may, in the exercise of discretion, in addition to, or in lieu of, taking any other action permitted by this Chapter, commence an action or actions, proceeding or proceedings in the Superior Court of Yolo County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorneys’ fees and costs. All remedies provided for in this Chapter are cumulative.

5.12.120 Suspension or Revocation of Massage Business Permit; Appeal A. Grounds. A Massage Business Permit may be suspended or revoked by the Community Development Director upon finding any of the following:

1. A Person offering or performing Massage Services not in possession, or no longer in possession, of a current and valid CAMTC certification.

2. Violates or fails to comply with the terms and conditions of the Permit.

3. Does any act which violates any of the grounds for denial of the Permit.

4. Has engaged in or permitted misconduct substantially related to the qualifications, functions or duties of the permittee.

5. Conducts the Massage Business in a manner contrary to the peace, health, or safety of the public.

6. Has made any false, misleading, or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application or has omitted material information from the application or in any documentation required to be filed in conjunction with said application.

7. Has been convicted of any of the crimes identified in Section 5.12.050(C)(1)(a), (b), (c) and/or (d).

8. Employs, retains, or otherwise allows any Person to provide Massage Services without an active and valid Certificate from the CAMTC.

9. Engages in unprofessional conduct, including, but not limited to, the following:
a. Engaging in sexually suggestive advertising related to Massage Services. b. Engaging in any form of sexual activity on the premises of a Massage Business.
c. Engaging in sexual activity while providing Massage Services. d. Providing Massage Services on a suspended or revoked Permit. e. Providing Massage Services without a Permit.
f. Providing Massage of the genitals or anal region.
g. Providing Massage of the female breasts without the written consent of the Person receiving the Massage.
h. Dressing while engaged in the practice of Massage Services, or while visible to clients in a Massage Business, in a manner that is deemed by the CAMTC to constitute unprofessional attire based on the custom and 1006
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practice of the profession in California.

10. An Owner fails to register under the provisions of Penal Code section 290 (sex offender registration); is convicted of Sections 266i (pandering), 315 (keeping or residing in a house of ill-fame), 316 (keeping disorderly house), 318 (prevailing upon person to visit a place for prostitution), 647(b) (disorderly conduct/engaging in or soliciting prostitution), or 653.23 (supervision of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to Sections 11225 through 11235 (red light abatement); is convicted of a felony offense involving the sale of a controlled substance; is convicted of any crime involving dishonesty, fraud, deceit, violence, or moral turpitude; or is convicted in any other state of an offense which, if committed in this state, would have been punishable as one or more referenced offenses in this subdivision.

11. The City determines that a material misrepresentation was included on the application for a Permit.

12. A violation of any local, county, state, or federal law has occurred on the premises, including but not limited to a violation of this Chapter or Business and Professions Code section 4600 et seq.

B. Time Period of Suspension. The Community Development Director may, at his or her discretion, suspend a Massage Business Permit for any period, up to and including the end of the Permit term.

C. Notice. Written notice of the denial, suspension, or revocation shall be served on the Owner by certified mail with the violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the hearing officer.

D. Appeals. The suspension or revocation of a Massage Business Permit may be appealed pursuant to Chapter 1.08 and shall be heard before a hearing officer.

E. Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to this Chapter will be effective fifteen (15) calendar days from the date appearing on the notice, unless a timely and complete appeal is filed in accordance with this Chapter. Then, the effective date shall be as determined by the hearing officer.

F. Reapplication. No reapplication will be accepted within one (1) year after a City Massage Business Permit is revoked or suspended.

5.12.130 Public nuisance
It is unlawful and a public nuisance for a Massage Business to be operated, conducted, or maintained contrary to the provisions of this Chapter. The City may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that Massage Business in any manner provided by law.

5.12.140 Severability
If any provision of this Chapter, or the application of any such provision to any Person or circumstance shall be held invalid, the remainder of this Chapter, to the extent it can be given effect, or the application of those provisions to Persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable.

5.12.150 Usage
As used in this Chapter, "must", "shall" and "will" are mandatory; "may" is permissive.

Section 3. Severability. If any provision of this Chapter, or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable.
1007
4933-3280-8821.6 007203.016
Section 4. CEQA. Adoption of this Ordinance not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.

Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption, and, pursuant to Resolution 99-46 was published in summary format prior to adoption, and a summary will be published within 15 days after adoption in a paper of general circulation published and circulated within the City of West Sacramento.

PASSED AND ADOPTED by the City Council of the City of West Sacramento this day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Martha Guerrero, Mayor
ATTEST: Approved as to form:

Jennifer Cusmir, City Clerk Jeffrey Mitchell, City Attorney

CODIFY UNCODIFY
1008
CHAPTER 5.12

MASSAGE PARLORS
§ 5.12.010. Title.

This chapter shall be known as the "Massage Parlor Permit Law of the City of West Sacramento."
(County code § 5-6.102)
§ 5.12.020. Authority.

This chapter is enacted pursuant to Chapter 6 of Part 1 of Division 1 of Title 5 of the Government Code of the state (commencing with Section 51030). (County code § 5-6.101)
§ 5.12.030. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Applicant" means any person who applies for a permit as required by this chapter. "Clerk" means the city clerk.
"Council" means the city council.
"Health officer" means the health officer or his or her authorized representative. "Massage" means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in the practice of massage.
"Massage establishment" means any establishment having a fixed place of business where any person engages in or carries on, or permits to be engaged in or carried on, any activity set forth in the definition of "massage" in this section. Any establishment engaged in, carrying on, or permitting any combination of massage and bathhouse shall be deemed a massage establishment.
"Massage technician" means any person who gives or administers to another person for any form of consideration whatsoever a massage as defined in this section. "Permittee" means any person operating or maintaining a massage establishment under a permit issued pursuant to this chapter.
"Person" means any individual, copartnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character. "Recognized school" means any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study of not less than two hundred hours to be given City of West Sacramento, CA
§ 5.12.010 § 5.12.030
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in not more than three calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning, and which school has been approved pursuant to Chapter 3 (commencing with Section 94300 of Part 59) of the Education Code of the state.
(County code § 5-6.201)
§ 5.12.040. Establishment permit—Required.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city the application of massage or the operation of a massage establishment without first having obtained the appropriate permit as provided in this chapter.
(County code § 5-6.301(a))
§ 5.12.050. Establishment permit—Application.

The application for a permit to operate a massage establishment shall set forth the exact nature of the business to be administered, the proposed place of business, and the facilities therefor. A form for the application required by this section shall be obtained from the business license officer. The completed application form shall be submitted to the business license officer and shall also contain the following information:

A. The full true name and any other names used by the applicant; B. The two previous residential addresses and business addresses, if any, immediately prior to the present address of the applicant;
C. Written proof that the applicant is at least eighteen years of age; D. The applicant's height, weight, color of eyes, and hair; E. The business, occupation or employment of the applicant for the three years immediately preceding the date of the application;
F. The massage or similar business license history of the applicant; whether such person, in previously operating in this city or another city, county or state under a license or permit, has had such license revoked or suspended; the reasons therefor; and the business activity or occupation subsequent to such action of suspension or revocation;
G. All criminal convictions, except minor traffic violations; H. The name and address of the recognized school attended, the date attended, and a copy of the diploma or certificate of graduation awarded to the applicant showing that the applicant has completed not less than two hundred hours of instruction; I. The applicant shall be fingerprinted and have his or her photograph taken by the city police chief and shall pay such fees therefor as are charged by the police chief for such services generally;
City of West Sacramento, CA
§ 5.12.030 § 5.12.050
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§ 5.12.060. Establishment permit—Administrative referral.

The business license officer, upon receiving a complete application for a massage establishment permit, shall refer the application to the city police chief, the building official, the fire chief, the director of community development and the county health department.
(County code § 5-6.402; Ord. 95-1 § 1)
§ 5.12.070. Establishment permit—Issuance.

J. Such other identification and information as determined by the board, the police chief, any other city department of jurisdiction, or any fire protection district or jurisdiction to be necessary to verify the truth of the matters required by this section; and
K. If the applicant is a corporation or partnership, the name of the corporation or partnership shall be set forth exactly as shown in its articles of incorporation or partnership agreement, and the information required by this section shall be furnished for the managing director or managing employee, any general partner, and any stockholder owning twenty percent or more of the stock of an applicant corporation.

A. Within sixty days after the submission of a complete application with the business license officer for a massage establishment permit, the business license officer shall, based on input from other departments/officials, approve or deny the permit.

No permit shall be transferable to any other person.

1. Prior to the expiration of such sixty-day period, all officials to which the application has been referred shall inspect the premises, if necessary, and shall file with the business license officer written recommendations concerning compliance with the provisions of this chapter and all other laws which they administer.

2. The business license officer may extend the sixty-day period upon the request of the applicant. The business license officer may also extend the period upon the request of any city official to which the application has been referred or county health department if the official or department states that it needs more time to complete its report. No such extensions shall exceed thirty additional days.

B. The business license officer shall issue a nontransferable massage establishment permit if the applicant has proven that all the requirements for a massage establishment described in this chapter are met, unless the business license officer finds:

1. That the operation as proposed by the applicant will not comply with all the applicable laws, including, but not limited to, the building, health, planning, housing and fire laws of, or applicable to, the city;
City of West Sacramento, CA
§ 5.12.050 § 5.12.070
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§ 5.12.080. Technician permit—Required.

It is unlawful for any person to be employed or to act as a massage technician without having a valid permit issued pursuant to the provisions of this chapter, and it is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment to employ or permit any person to act as a massage technician who is not in possession of a valid unrevoked massage technician permit.
(County code § 5-6.301(e))
§ 5.12.090. Technician permit—Application.
(County code §§ 5-6.402 (part), 5-6.404; Ord. 95-1 § 1) § 5.12.100. Technician permit—Issuance.

2. That the massage personnel, or the owners and operators of the massage business, have been convicted of any of the following offenses or convicted of an offense outside the state that would have constituted any of the following offenses if committed within the state:
a. Sections 266i, 315, 316, 318 or 647(b) of the Penal Code of the state or that the massage personnel or the owners of a massage establishment are required to register under Section 290 of the Penal Code, b. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code of the state;

3. That any of the massage technicians are not of good moral character; or

4. That the owners and operators of the massage establishment are not of good moral character.

A. The form for a massage technician application shall be obtained from the business license officer. The completed form shall be submitted to the business license officer and shall set forth the place of business and facilities where the massage services shall be rendered. The application shall also contain the information required by Section 5.12.050 of this title.

B. Upon receiving a complete application for a massage technician permit, the business license officer shall refer the application to the city police chief and the county health department.

A. Within sixty days after the submission of a complete application for a massage technician permit, the business license officer shall act to approve or deny the permit.

1. Prior to the expiration of such sixty-day period, the city police chief and the county health department shall file with the business license officer their City of West Sacramento, CA
§ 5.12.070 § 5.12.100
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§ 5.12.110. Technician permit—Education requirement waiver.

The business license officer may waive the educational requirements of this chapter if any applicant presents evidence satisfactory to the council that he or she has attended not less than two hundred hours of instruction in a school within the United States that provides education substantially to, or in excess of, the educational requirements of this chapter.
(County code § 5-6.406; Ord. 95-1 § 1)
§ 5.12.120. Technician permit—Deadline.

The provisions of this chapter shall be applicable to persons engaged in the businesses regulated by this chapter on June 29, 1978, and to persons employed as massage technicians on June 29, 1978. Such persons shall file for the permits required by this chapter on or before July 29, 1978. Failure to do so shall make the continued operation of such businesses or the continued employment as a massage technician a violation of Sections 5.12.040 or 5.12.080.
(County code § 5-6.407)
§ 5.12.130. Permit fees.
written recommendations concerning compliance with the provisions of this chapter and all other laws which they administer. The business license officer shall consider such reports.

2. The business license officer may extend the sixty-day period upon the request of the applicant. The business license officer may also extend the period upon the request of the county health department or the city police chief if either needs more time to complete its report. No such extension shall exceed thirty additional days.

B. The business license officer shall issue a nontransferable massage technician permit if the applicant has proven that all the requirements for a massage technician permit described in this chapter have been met, unless the business license officer finds:

1. That the applicant has been convicted of any offenses as set forth in Section

5.12.070(B)(2); or

2. That the applicant is not of good moral character.

C. No such permit shall be issued unless the health officer has certified that the applicant has been examined and found to be free of any contagious or communicable disease.

A. Except as provided in subsection B of this section, permits issued under the provisions of this chapter shall be valid for a period of one year and shall only be issued upon the payment to the city of a nonrefundable annual application fee in an amount which shall be determined by resolution of the city council. Such fee shall City of West Sacramento, CA
§ 5.12.100 § 5.12.130
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§ 5.12.140. Permit renewal—Application.

If a permittee wishes to renew his or her permit, the permittee shall complete an application form, as required by this chapter, and submit it to the clerk no earlier than November 1st, nor later than November 15th, prior to the expiration of the existing permit. Failure to submit the renewal application with the fee during the time specified shall cause the permit to automatically expire on the next succeeding January 1st. (County code § 5-6.502)
§ 5.12.150. Permit renewal—Requirements.

The council shall renew permits applied for under Section 5.12.140 if the permittee has proven that he or she still meets all of the requirements for a massage establishment or a massage technician permit contained in this chapter, unless the council finds that the permittee no longer complies with the provisions of Section 5.12.070(B) concerning a massage establishment or Section 5.12.090(B) and (C) concerning a massage technician. (County code § 5-6.503)
§ 5.12.160. Permit renewal—Procedure.

The procedure for the renewal of a permit shall be the same as set forth in this chapter for original permit applications.
(County code § 5-6.504)
§ 5.12.170. Permit revocation.
be due and payable upon the submission of an initial application or an application to renew a permit. No initial application for a permit or an application to renew a permit shall be accepted by the business license officer unless the filing fee is paid with the submission of the application.

B. When a permit is issued after January 1st of any year, the amount of the fee for the remainder of that year shall be reduced proportionately for each whole calendar month which has expired since January 1st. The permit will expire or be subject to renewal on the next succeeding December 31st.

A. Grounds for Revocation. Any permit issued pursuant to this chapter may be revoked or suspended after a hearing by the council upon a finding that any of the following grounds exist:

1. A violation of any of the provisions of this chapter; or

2. The conviction of any offense described in Section 5.12.070.

B. Procedure.

1. Any city department of jurisdiction, including but not limited to the city police chief, the health department, the building inspection department, the planning department or any fire protection district of jurisdiction, may notify the clerk City of West Sacramento, CA
§ 5.12.130 § 5.12.170
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2. The clerk shall then give a written notice of the grounds for revocation to the permit holder. The notice shall also advise the permit holder of his or her right to request a hearing by the council on the charges, which request shall be received by the clerk within ten days after the receipt of the notice by the permit holder.

3. Such notice shall either be personally delivered to the permit holder, or be mailed to him or her by registered or certified mail, at the business or residential address contained in the permit holder's application.

4. If such notice is delivered by registered or certified mail, it shall be deemed delivered on the day following the deposit of the notice in the United States Postal Service.

5. If the permit holder requests a hearing within the time set forth in subdivision 2 of this subsection, the clerk shall set the matter for a hearing. The permit holder shall be given written notice of the time, date and place of such hearing by the clerk at least ten days prior to the date of the hearing. Such notice either shall be personally delivered to the permit holder or shall be sent by registered or certified mail.

6. If notice is by registered or certified mail, it shall be deemed delivered on the day following the deposit of the notice in the United States Postal Service.

7. If the permit holder does not request a hearing within the time set forth in subdivision 2 of this subsection, he or she shall have waived his or her right to a hearing on the charges, and the council may act upon the charges without notice and a hearing.

8. If a hearing has been requested, the council shall receive evidence on the charges contained in the notice to the permit holder. Upon the conclusion of the presentation of the evidence on the charges, the permit holder may present evidence to refute the charges.

9. Upon the conclusion of the presentation of evidence and any closing statements, the council may take any of the following actions, which shall be final:
a. If the council finds that there has been a violation of any of the provisions of this chapter, or finds that the permit holder has been convicted of any offense described in Section 5.12.070, the council may:
i. Order the revocation of the permit; or
ii. Order the suspension of the permit for such time as the council deems proper; or
iii. Order the suspension of the permit for such time as the council City of West Sacramento, CA
§ 5.12.170 § 5.12.170
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§ 5.12.180. Compliance with chapter.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the application of massage or the operation of a massage establishment in violation of the terms and conditions of this chapter.
(County code § 5-6.301(b))
§ 5.12.190. Operation with revoked permit.

It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the application of massage or the operation of a massage establishment if such person's permit has been revoked.
(County code § 5-6.301(c))
§ 5.12.200. Technician compliance with chapter.

It is unlawful for any person to act as a massage technician in violation of the terms and conditions of this chapter.
(County code § 5-6.301(d))
§ 5.12.210. Closed hours.

It is unlawful for massage operations to be carried on, and for the premises to be open, between the hours of twelve midnight and seven a.m.
(County code § 5-6.301(f))
§ 5.12.220. Alcoholic beverages.

It is unlawful for any person to sell, give, dispense, provide or keep, or cause to be sold, given, dispensed, provided or kept, any alcoholic beverage, as defined in Section 23004 of the Business and Professions Code of the state, on the premises of any massage establishment.
(County code § 5-6.301(g))
§ 5.12.230. Facilities.

No permit to conduct a massage establishment shall be issued unless an inspection by the health officer reveals that the establishment complies with each of the following minimum requirements:
deems proper, with reinstatement of the permit subject to such conditions as may be ordered by the council.
b. If the council finds that the evidence does not support any of the charges, the council shall order that the charges be dismissed.

City of West Sacramento, CA
§ 5.12.170 § 5.12.230
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§ 5.12.240. Sanitation and decency.

A. Toilet rooms, toilet room vestibules, and rooms containing bathtubs shall be provided with a waterproof floor covering which shall be continued up all walls to a height of at least six inches. Floors shall be coved at the junction with the wall with at least three-fourths-inch radius continuous cove. The walls of all toilet rooms and rooms containing bathtubs shall be finished to a height of six feet with a smooth nonabsorbent finish surface of Keene cement, tile or similar material. Steam rooms and shower compartments shall have waterproof floors with coving at the walls and the walls and ceilings approved by the health officer. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor drains properly connected to the sewer.

Exception: Dry heat rooms with wooden floors need not be provided with pitched floors and floor drains.

A source of potable water shall be available within the immediate vicinity of dry and wet heat rooms to facilitate cleaning.

B. Separate toilet facilities for each sex shall be provided in convenient locations. All toilet facilities shall be equipped with self-closing doors opening in the direction of ingress to such facilities. Toilets shall be designed as to the sex accommodated therein.

C. All portions of massage establishments and baths shall be provided with adequate light and ventilation by means of windows or skylights with an area of not less than one-eighth of the total floor area and shall be provided with artificial light and a mechanical operating ventilating system. When windows or skylights are used for ventilation, at least one-half of the total required window area shall be operable.

A. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and be operated in a sanitary condition.

B. A separate dressing room for each sex shall be available on the premises with individual lockers for each employee and each patron. Doors to such dressing rooms shall open inward and shall be self-closing.

C. All massage establishments shall be provided with clean laundered sheets and towels in sufficient quantity which shall be laundered after each use thereof and stored in a sanitary manner. Receptacles shall be provided for the storage of soiled linens and paper towels.

D. Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day. Bathtubs shall be thoroughly cleaned after each use.

E. No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts any portion of the human body that would City of West Sacramento, CA
§ 5.12.230 § 5.12.240
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§ 5.12.250. Register and list of services.
(County code § 5-6.304)
§ 5.12.260. Inspections.

The various city departments of jurisdiction, including but not limited to the city police chief, the health department, the building inspection department, and the planning department, and any fire protection district of jurisdiction, may, at any time, inspect the subject premises and investigate the manner of the operation of the massage establishment to insure that it is operating in compliance with this chapter. (County code § 5-6.305)
§ 5.12.270. Change of business name or location.

No person granted a permit pursuant to this chapter shall operate under any name or conduct his or her business at any location not specified in his or her permit. If the business facilities and/or location is changed, a new permit shall be obtained. (County code § 5-6.306)
§ 5.12.280. Exemptions from chapter.

This chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons while engaged in the performance of the duties of their respective professions:
reasonably suggest to prospective patrons that any service is available other than those services as described in the definition of "massage" in Section 5.12.030, nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services as described in that definition of "massage."
F. No service enumerated in the definition of "massage" in Section 5.12.030 may be carried on within any cubicle, room, booth or area within a massage establishment which is fitted with a door capable of being locked.

A. The operator of a massage establishment shall maintain a register of all persons employed as massage technicians and their permit numbers. Such registers shall be available for inspection at all times during regular business hours.

B. A list of the services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable language. No owner, operator, responsible managing employee, manager or permittee in charge of, or in control of, the massage establishment shall permit, and no massage technician shall offer to perform, any services other than those posted.

A. Physicians, surgeons, chiropractors, osteopaths and physical therapists who are duly licensed to practice their respective professions in the state; City of West Sacramento, CA
§ 5.12.240 § 5.12.280
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B. Nurses who are registered as such under the laws of the state; C. Barbers and beauticians who are duly licensed under the laws of the state; and D. Trainers of any amateur, semiprofessional or professional athlete or athletic team.

City of West Sacramento, CA
§ 5.12.280 § 5.12.280
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Dear Mayor Guerrero and Honorable Committee Members:

California Business and Professions Code §4600.5 (c ) states “It is the intent of the Legislature that local governments, law enforcement, nonprofit stakeholders, the massage industry, and massage professionals work together going forward to improve communication and share information to further increase the value of statewide certification, to collaborate in the implementation of this act, and to develop a model ordinance reflecting best practices in massage regulation for cities and counties to adopt that will respect local control, patient privacy, and the dignity of the profession of massage therapy.”
The California Massage Therapy Council (CAMTC) commends the City of West Sacramento for developing an ordinance that protects the public and respects the rights of the profession. This collaborative effort shows that we can recognize massage therapy as a valuable healthcare service while using best practices to go after the bad apples. The draft ordinance contains the latest Best Practices that have been implemented in numerous cities, including Sunnyvale.

We especially want to recognize the perseverance and dedication of Daniel Berumen, Katie Rodgers, Josh Hurley, and the rest of their team.

The dedication to creating an effective ordinance that balances the interests of the various stakeholders truly meets the legislative intent of the Massage Therapy Act.

CAMTC expects to share the final version of the ordinance with other jurisdictions to use as the foundation for many a new massage ordinance.

Respectfully,
Beverly May
California Massage Therapy Council
Director of Governmental Affairs and Human Trafficking
cc: Daniel Berumen, Senior Planner
Katie Rodgers, Senior Analyst, Community Development
Josh Hurley, Code Enforcement Manager,
ATTACHMENT 3
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West Sacramento City CouncilMarch 18, 2026

West Sacramento City Council
March 18, 2026