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Zoning Ordinance Amendment No. 2008-O1 <br />Ordinance Amendment 2008-02 <br />January 12, 2009 <br />Page 2 <br />revision in order to respond to recent concerns relating to the impacts <br />of massage parlors and the potential establishment of new locations in <br />the City. Additionally, Chapter 22 of the Code, which is enforced by <br />the Police Department and currently regulates massage establishments and <br />technicians, has remained unchanged since 1976. In contrast, the cities <br />of Anaheim, Orange and Costa Mesa have all updated their massage <br />regulations within the last four years. <br />Following the adoption of the moratorium staff began holding interagency <br />meetings and has commenced a study of the current provisions of the <br />General Plan and Municipal Code to define massage parlors and determine <br />where and under what conditions such uses should be permitted. <br />Analysis of the Issues <br />Following a thorough analysis of the current code requirements for massage <br />parlors and massage technicians in both the City of Santa Ana and <br />surrounding jurisdictions, there are a number of code amendments and <br />additions necessary to protect the health, safety and welfare of the City. <br />The first of these changes is to include massage establishments, its <br />associated definitions and development standards within Chapter 41(zoning) <br />of the Municipal Code. The inclusion in Chapter 41 will allow the <br />Planning Division to more closely regulate these uses, as well as <br />incorporate Community Preservation in the regulation of operational and <br />development standards in the field. As part of its inclusion in Chapter <br />41, massage establishments have been separated into two types, as a <br />primary and ancillary use. This distinction was necessary due to the <br />broad definition of a massage and/or a massage establishment. <br />Ancillary Massage Use <br />As an ancillary use, massage services will be secondary to an existing <br />health or beauty related business. Ancillary massage uses will be limited <br />to no more than two licensed massage technicians and will be allowed to <br />occupy a limited square footage within the existing business. <br />In these ancillary cases, a ministerial land use certificate would be <br />required in order to create a reliable inventory of massage technicians <br />citywide as well as verify that ancillary massage establishments meet the <br />proposed standards to prevent any negative impacts resulting from its <br />incidental use. Land use certificates have traditionally been utilized in <br />cases where a limited number of departments require review of a project in <br />75C-3 <br />