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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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01/17/2023 Regular & Special SA
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Item 33 - Zoning Ordinance Amendment No. 2022-03: Updates to Chapter 41
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8/11/2023 10:40:35 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
33
Date
1/17/2023
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<br />Ordinance No. NS-XXX <br />Page 34 of 54 <br /> <br />(14) It shall be unlawful for any person to perform any massage upon a member of <br />the general public while on the premises of a school of massage. <br /> <br />(15) Residing in a chair massage, ancillary massage establishment, or massage <br />establishment is prohibited. No person or persons shall be allowed to live, <br />reside or dwell inside the business massage establishment at any time. No food <br />of any kind shall be prepared for sale or sold in the establishment. <br /> <br />(16) No interior doors may be locked during operating hours. <br /> <br />Section 42. Section 41-2109 (Requirements) of Chapter 41 of the SAMC is <br />hereby amended to read as follows: <br /> <br />Sec. 41-2109. - Requirements. <br /> <br />An urban lot split must satisfy each of the following requirements: <br /> <br />(a) Map Act Compliance. <br /> <br />(1) The urban lot split must conform to all applicable objective requirements of <br />the Subdivision Map Act (Gov. Code section 66410 et. seq., "SMA") and <br />implementing requirements in this Code, except as otherwise expressly <br />provided in this division. <br /> <br />(2) If an urban lot split violates any part of the SMA, the city's subdivision <br />regulations, including this division, or any other legal requirement: <br /> <br />(A) The buyer or grantee of a lot that is created by the urban lot split has <br />all the remedies available under the SMA, including, but not limited to, <br />an action for damages or to void the deed, sale, or contract. <br /> <br />(B) The city has all the remedies available to it under the SMA, including, <br />but not limited to, the following: <br /> <br />(i) An action to enjoin any attempt to sell, lease, or finance the <br />property. <br /> <br />(ii) An action for other legal, equitable, or summary remedy, such <br />as declaratory and injunctive relief. <br /> <br />(iii) Criminal prosecution, punishable by imprisonment in county <br />jail or state prison for up to one (1) year, by a fine of up to ten <br />thousand dollars ($10,000.00), or both; or a misdemeanor. <br /> <br />(iv) Record a notice of violation. <br /> <br />(v) Withhold any or all future permits and approvals. <br />
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