75A - PH - MASSAGE ESTABLISHMENTS

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Ordinance Amendment No. 2016 -01 Zoning Ordinance Amendment No. 2016 -01 May 23, 2016 Page 3 discussed were the entitlement process, whether a CUP should be required for massage establishments, and whether the proposed ordinance places an undue strain on police department resources. Staff reevaluated the proposed regulations and held an interagency meeting. It was determined that the proposed ordinance would establish an administrative review process that limited the burden on City resources and enabled effective enforcement of the ordinance, Proiect Analvsls Following a thorough analysis of the current code requirements for massage establishments and massage technicians in the city, there are a number of code amendments and additions necessary to ensure clear, uniform, and legally consistent regulation of massage establishments. In addition to consistency with State law, the proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on business operators while minimizing impacts on police department resources. Massage Definition The existing ordinance defines massage uses as either ancillary or primary based on whether a business offers massage as a complementary service to its other services or as an independent use, The existing ordinance establishes different development standards and permitting requirements for primary and ancillary massage uses. The proposed changes to Chapter 22 and Chapter 41 include creating a definition of a massage establishment that is consistent with State law and creates a uniform standards and permitting processes for any business offering massage as a service, which will result in certainty and equity for all applicants. The proposed changes will also include exemptions from the massage establishment permit requirements for classes of individuals engaged in duties or services already regulated and licensed by the State, such as physical therapists, acupuncturist, barbers, and manicurists. Permitting Requirements Prior to the passage of AB 1147, massage technicians and massage establishments that obtained certification through the CAMTC were exempt from any City regulations that did not overlap with State requirements. As such, massage technicians and massage establishments with certification through the CAMTC have been exempt from operating standards and have been operating within the city without a conditional use permit or land use certificate. The proposed changes to Chapter 22 and Chapter 41 will make the ordinance consistent with state law and will allow the City to regulate massage technicians and establishments that are certified through the CAMTC. 75A -5