HomeMy WebLinkAboutPC Reso 15-04 ZOA Chapters 8.08, 8.12 & 8.76 regulate Massage Establishments RESOLUTION 15-04
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTERS 8.08 (DEFINITIONS) AND 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
WHEREAS, the City Council recognizes that massage and the provision of massage,
bodywork and somatic therapies are viable and important professional services providing
valuable health and therapeutic services for City residents; and
WHEREAS, Assembly Bill 1147 provided counties and cities with additional regulatory
control over Massage Establishments; and
WHEREAS, an amendment to Chapter 4.20 (Massage Establishments and Massage
Services) will ensure that our Ordinance is complaint with current State law and provide
adequate means for the City to regulate Massage Establishments; and
WHEREAS, amendments to Chapter 8 are proposed to ensure consistency with Chapter
4.20; and
WHEREAS, the amendments to Chapter 8 include new and amended definitions and
allowing Massage Establishments by-right in certain Commercial Zoning Districts; and
WHEREAS, 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; and
WHEREAS, the proposed project is exempt from CEQA per CEQA Guidelines Section
15061 (b)(3), which 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 to 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; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on said application on May
26, 2015; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
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NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the City Council adopt the following amendments to the Zoning
Ordinance:
The definition of "Massage" contained in Section 8.08.020 of the Dublin Municipal Code is
revised to read as follows in its entirety:
"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 hereby added to Section 8.08.020 of the Dublin Municipal
Code:
"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 California
Massage Therapy Council 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.
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Dublin Municipal
Code is hereby amended to change the "Massage Establishment" use type from a Conditional
Use to a Permitted Use. All other rows of the table in Section 8.12.050 shall remain unchanged
by this Section.
COMMERCIAL USE A R-1 R- R- C- C-N C-1 C-2 M-P M-1 M-2
TYPE 2 M O
Massage - - - - - P P P - - -
Establishment
Additionally, a Massage Establishment may also be established in a Planned Development (PD)
Zoning District if not specifically prohibited by the PD regulations and if the project site has an
underlying Commercial Land Use designation. Any PD regulations which require a Conditional
Use Permit for Massage Establishments shall be superseded by this Ordinance and any
Massage Establishment in a PD Zoning District, unless specifically prohibited, shall be subject
to the requirements of Chapter 4.20.
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PASSED, APPROVED AND ADOPTED this 26th day of May 2015 by the following vote:
AYES: Goel, Kohli, Bhuthimethee, Do
NOES:
ABSENT: Mittan
ABSTAIN:
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Planning Commission Chair
ATTEST:
Assistant Community Development Director
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