Beauty and Wellness Space in Santa Ana

What to diligence before LOI

1. 01

   Massage establishments: Section 41-1752(c) allows them only with a conditional use permit in the C1, C1-MD, C2, C4, C5 and C-SM districts (or a specific plan that lists them), no closer than 1,000 feet to another massage establishment (entrance to entrance) and not on a parcel within 500 feet of residentially zoned or used property. Section 41-1753(b) also requires a certificate of occupancy, a business license and a massage establishment permit from the chief of police under Section 22-2.

2. 02

   Massage operating rules that affect the build-out (Section 41-1754): no massage between 10:00 p.m. and 8:00 a.m., windows may not be covered or made opaque, rear exits are prohibited unless the building or fire code requires one (and then it must stay locked with panic hardware), interior doors may not be locked during business hours, and every technician must hold a valid CAMTC certificate. Design treatment rooms and storefront glazing around these rules.

3. 03

   Exemptions worth knowing: Section 41-1750(b) says the massage article does not apply to a retail or service use licensed by the Board of Barbering and Cosmetology. Ancillary massage (no more than 25% of the floor area of a gym, health club, hotel or medical office, Section 41-1751(h)) can go where those uses are allowed without a CUP, but still needs the police permit (Sections 41-1752(b) and 41-1753(a)).

4. 04

   Tattoo and body art: Section 41-365(s) permits tattoo and body art establishments in C1 subject to Section 41-199.3, which bars locating within 500 feet of a K-12 school or public park or within 500 feet of another tattoo establishment in C1, C2 and C4, and bars operating between midnight and 7:00 a.m. Section 41-365.5(n) separately lists late-night tattoo shops as a CUP use, so ask Planning how the two provisions are applied.

5. 05

   Use and parking: Section 41-365(a) permits retail and service uses by right in C1, and Sections 41-377(a) and 41-412 carry that into C2 and C4, so ask Planning to confirm your salon, lash or brow concept is a service use on your parcel (specific plans have their own lists). Service uses are parked at 5 spaces per 1,000 sq ft (Section 41-1340), and under Section 41-1309.1(2) a tenant space under 2,500 sq ft can switch among retail, service, medical office, restaurant and office uses without adding parking, as long as the prior use had a valid business license and certificate of occupancy. That makes small inline backfills much easier than a new 4,000 sq ft day spa.

6. 06

   State licensing: the Board of Barbering and Cosmetology requires an establishment license that is valid only for the address and suite number on it, a new license for a new owner, partner or location, a licensee in charge at all times, and toilets, hot and cold running water, handwashing facilities and accessible drinking water before opening. The owner is cited for violations by booth renters, which matters for salon suite operators. CAMTC certification is voluntary under state law, but Santa Ana requires it for every massage technician.