The URL can be used to link to this page

Home My WebLink About8.1 PCSR ZOA Chptr 8.08 and 8.12 Massage (or Dioe ii, '=a• Paz STAFF REPORT V �� PLANNING COMMISSION O`�LIFOR�� DATE: May 26, 2015 TO: Planning Commission SUBJECT: PUBLIC HEARING — PLPA-2010-00017 Amendments to Dublin Zoning Ordinance Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Report prepared by Martha Aja, Environmental Coordinator EXECUTIVE SUMMARY: Assembly Bill 1147 provided counties and cities with additional regulatory control of Massage Establishments. An amendment to Chapter 4.20 (Massage Establishments and Massage Services) is intended to ensure that our Ordinance is compliant with current State law and provides adequate means for the City to regulate Massage Establishments. Staff is also proposing companion amendments to the Zoning Ordinance (Chapter 8) to ensure consistency with Chapter 4.20. The proposed amendments would add and amend definitions and allow Massage Establishments by-right in certain Commercial Zoning Districts. The Planning Commission is being asked to review the proposed amendments to Chapter 8 and to make a recommendation to the City Council. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance amending Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin Municipal Code to regulate massage establishments and massage services within the City of Dublin. Submitted By/ (Revi ed By Environmental Coordinator Assistant Community Development Director COPIES TO: File Property Owner ITEM NO.: 8.1 Page 1 of 4 G:IPA120101PLPA-2010-00017 ZOA Massage Establishments\Planning CommissionIPC Staff Report 5.26.15.doc DESCRIPTION: In recent years there have been several pieces of state legislation that have affected the regulation of massage establishments within the State of California, including Senate Bill (SB) 731 and Assembly Bill (AB) 1147. SB 731 was signed into law in 2008. This legislation resulted in the formation of the California Massage Therapy Council (CAMTC), which was tasked with overseeing state wide certification of massage therapists. SB 731 limited what counties and cities could do to regulate massage establishments. The legislation prohibited local governments from regulating massage businesses differently from other professional services, such as a hair salon or nail salon. Additionally, local governments were prohibited from requiring certified massage therapists to obtain further permits, licenses or authorization to practice or open a massage establishment. There were unintended consequences of SB 731, most notably the proliferation of massage establishments and illicit activity in conjunction with those establishments throughout the State. SB 731 sunset on January 1, 2015. AB 1147 became effective on January 1, 2015. AB 1147 reinstates local government regulatory control over certain aspects of massage businesses, most importantly its land use authority. AB 1147 also expands the authority of counties and cities to regulate massage businesses through operating standards, and permit, licensing, and certification requirements. AB 1147 also provides that the California Massage Therapy Council may deny certification and discipline certificate holders. In light of the recently adopted State legislation, Staff from Community Development, Dublin Police Services and the City Attorney's Office have proposed amendments to Chapter 4.20 (Massage Establishments and Massage Services) for consideration by the City Council. The proposed Ordinance amendments are intended to ensure that our Ordinance is compliant with current State law and provides adequate means for the City to regulate Massage Establishments. Most notably, the proposed Ordinance (Section 4.20.150) would regulate the operating characteristics, physical design of interior improvements, and health and safety requirements for customers and employees. Every massage establishment would be required to obtain a Massage Establishment Permit issued by Dublin Police Services (Section 4.20.050). The ordinance further requires all Massage Therapists to be certified by the California Massage Therapy Council (Section 4.20.160) and register with Dublin Police Services (Section 4.20.230). The proposed Ordinance would apply to all existing and future Massage Establishments. The proposed amendments to Chapter 4.20 are attached to this Staff Report for your reference (Attachment 1). Staff is proposing companion amendments to Chapter 8 (Zoning Ordinance) of the Dublin Municipal Code to ensure consistency with the amended Chapter 4.20. Amendments to the Zoning Ordinance are required to be reviewed by the Planning Commission at a public hearing where a recommendation is made to the City Council. Therefore, the Planning Commission is currently being requested to review the proposed Zoning Ordinance Amendments and to make a recommendation to the City Council. The proposed amendments to Chapter 4.20 will be reviewed by the City Council in June together with the proposed amendments to Chapter 8. 2 of 4 ANALYSIS: The proposed amendments to Chapter 8.08 (Definitions) and 8.12 (Zoning Districts and Permitted Uses of Land) of the Zoning Ordinance are required to ensure consistency with Chapter 4.20 (Massage Establishments and Massage Services) of the Municipal Code. The following is a description of the proposed Zoning Ordinance Amendments. Chapter 8.08 (Definitions) The definition of "Massage" contained in Section 8.08.020 of the Dublin Municipal Code is revised to read as follows: "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, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. The following new definitions are proposed to be added to Section 8.08.020 (Definitions) as follows: "California Massage Therapy Council" or "CAMTC" means the Massage Therapy Organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code. "Certified Massage Therapist" means a Massage Therapist certified by the CAMTC as a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code. Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to change future Massage Establishments from being a conditionally permitted use to a permitted use in the C-N, C-1 and C-2 Zoning Districts and comparable Planned Development Zoning Districts. The requirement to obtain a CUP to regulate the operation of massage establishments is not necessary because the proposed amendments to Chapter 4.20 would regulate the operating characteristics. The following row of the "Land Use Matrix" table in Section 8.12.050 is proposed to be amended as follows (strikeout is the existing text and the underlined text is new): COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Massage Establishment - - - - - CUP CUP CUP - - - P P P 3 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City held an outreach meeting on May 6, 2015. The City provided notices of this meeting to the existing Massage Establishments in the City. The meeting was attended by five Massage Therapists within the City. City staff provided an overview on the proposed amendments to Chapter 4.20 and Chapter 8 and answered questions. Additionally, the City received three comment letters from Massage Establishments, all expressing support for the proposed amendments. A Public Notice was mailed to the existing Massage Establishments and also published in the Valley Times and posted at several locations throughout the City and emailed to all persons who have expressed an interest in being notified of meetings. The Staff Report was also made available on the City's webpage. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed amendments of the Zoning Ordinance does not, in itself, allow the construction of any building or structure, but rather regulates Massage Establishments and Massage Services within the City. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Draft amendments to Dublin Municipal Code Chapter 4.20 (Massage Establishments & Massage Services). 2. Resolution recommending that the City Council adopt an ordinance amending Chapter 8.08 (Definitions) and Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of the Dublin Municipal Code to regulate massage establishments. 4 of 4