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Zoning Ordinance Amendment (ZOA) No. 2023-01 (Noxious Uses, Massage <br />Establishments, CUP Suspension, and Other Edits to Address Internal Inconsistencies). <br />June 6, 2023 <br />Page 4 <br />3 <br />4 <br />4 <br />1 <br />Noxious Uses <br />Section 41-199.4 (Noxious uses) was adopted by Ordinance No. NS-3038 on February 7, <br />2023, in response to concerns related to environmental pollution and proximity of certain <br />land uses to sensitive receptors. Currently, the section requires noxious uses that require <br />a permit from a regional, state, or federal agency to emit or discharge regulated <br />compounds, materials, or substances that are located within 500 linear feet of a public <br />park, school (K-12) or property used or zoned for residential purposes to obtain a CUP. <br />The California Air Resources Board’s (CARB’s) Air Quality and Land Use Handbook <br />(Handbook) provides recommendations for the siting of uses such as these that are <br />sources of air pollution. The Handbook states that noxious land uses similar to those <br />regulated by Section 41-199.4 of the SAMC) may pose a health risk when located less <br />than 1,000 feet of sensitive receptors. Therefore, consistent with the findings and <br />recommendations in the Handbook, the proposed ordinance will increase the distance <br />threshold to require a CUP for noxious uses from sensitive receptors from 500 linear feet <br />to 1,000 linear feet, which would allow staff to review noxious uses and impose conditions <br />of approval to mitigate potential impacts to surrounding properties, as well as provide <br />community members in close proximity to these uses an opportunity to participate in the <br />decision making process through the public hearing process. <br />Massage Establishments <br />Currently, massage establishments are permitted subject to approval of a CUP in various <br />commercial zoning districts. Despite the existing requirements and development <br />standards in place, massage establishments have proven to present opportunities for <br />acts of prostitution, human trafficking, and the use and sale of illegal drugs, resulting in <br />increased enforcement actions. Staff proposes to amend Chapter 41 of the SAMC to <br />require a minimum 1,000-foot separation between massage establishments, and a <br />minimum 500-foot separation requirement from a residentially zoned or used property. <br />Additionally, all massage establishments which have a valid Certificate of Occupancy <br />(COO) and a Massage Establishment Certificate pursuant Chapter 22 (Massage <br />Establishments) of the SAMC, would be deemed legal nonconforming. Subsequent <br />applications for a COO for any reason other than a change in business name with no <br />change in owner of the business would be subject to CUP and separation requirements <br />described above. Additionally, a nonconforming massage establishment would lose its <br />nonconforming status if it is in violation of any applicable federal, state, or local regulations <br />for a period of 60 consecutive days; or, it receives three noncompliant notices from a <br />federal, state, or local regulatory agency within a one-year period; or, is in violation for a <br />total of 90 days within a one-year period. <br />Entitlement Suspension <br />Article V of Chapter 41 currently outlines the process and required findings through which <br />CUP, variance, and minor exception applications may be granted. Moreover, Article V also <br />details the process through which such permits may be revoked; however, the SAMC <br />remains silent on the means of suspending the land use entitlements for sites that do not