75A - PH - MASSAGE ESTABLISHMENTS

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Ordinance Amendment No. 2016 -01 Zoning Ordinance Amendment No. 2016 -01 May 23, 2016 Page 2 :. . M On March 16, 2009, the City adopted Ordinance Amendment No. 2008 -02 and Zoning Ordinance Amendment No. 2008 -01 to amend Chapter 22 and Chapter 41 of the Municipal Code to regulate massage establishments and massage technicians in response to concerns relating to the impacts of massage establishments and the potential establishment of new locations in the city. Past amendments to Chapter 41 included requirements for a CUP for massage establishments, a LUC for ancillary massage uses, implemented separation criteria similar to adult entertainment uses, and created operational standards specific to the massage use. The amendment to Chapter 22 included requiring establishment operators to undergo a background check, obtain an annual establishment permit, and required technicians to obtain a permit (Exhibits 1 and 2). Subsequently, in September of 2009, California Senate Bill No. 731 (SB 731) became effective, which restricted local governments' ability to regulate massage establishments and massage technicians. The passage of SB 731 exempted massage technicians that possessed a massage technician certificate issued by the California Massage Therapy Council ( CAMTC), a nonprofit public benefit corporation, from regulations and permit requirements that were previously adopted by the City. The new law required that massage establishments and other professional service uses be regulated in a uniform manner, prohibiting local governments from requiring restrooms, showers, or other facilities not required of other professional services. The changes to State law preempted City regulations and made several provisions of the Code inconsistent with State law. Since that time, the City has been unable to enforce the existing massage ordinance, and establishments and technicians have been able to operate within the city without obtaining a CUP, LUC, or massage establishment permit. On January 1, 2015, California Assembly Bill No. 1147 (AS 1147) became effective, amending several sections of the Business and Professions Code and of the Government Code relating to massage establishments. By adopting AS 1147, the State Legislature returned broad control over land use in regulating massage establishments to local governments, provided only reasonable and necessary fees and regulations were enacted. It also established a new CAMTC board of directors so that it more fairly represents stakeholders; including adding representatives from the California Police Chiefs Association, an anti - human trafficking organization, and a public health official. Following the adoption of AB 1147, staff began holding interagency meetings and commenced a study of the current provisions of the Santa Ana Municipal Code to determine what changes were needed to the Code to make it consistent with State law, and to determine the best way to regulate and permit massage establishments. On April 25, 2016, staff presented the proposed amendments to Chapter 22 and Chapter 41 to the Zoning and General Plan Subcommittee, comprised of Commissioners Bacerra, McLoughlin, and Mill. The Zoning and General Plan Subcommittee did not reach a consensus. The major issues that were 75A -4