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Ordinance Amendment No. 2016 -01 <br />Zoning Ordinance Amendment No. 2016 -01 <br />May 23, 2016 <br />Page 4 <br />The existing ordinance requires establishments offering massage as a primary use to obtain a CUP <br />and establishments offering massage as an ancillary service to obtain an L.UC. The proposed <br />changes to Chapter 41 will allow massage uses to be permitted by right in specified commercial <br />zones where service uses are permitted, if development and operating standards are met. <br />Permitting massage establishments by right and implementing enforceable operational standards <br />will meet the intent and limits set in AB 1147 that local governments provide consistent and <br />reasonable regulations so that they both manage establishments in the best interest of the <br />community and protect legitimate business owners and massage professionals. Further, permitting <br />massage uses by right will regulate the use in a similar manner to other service uses within the <br />commercial zones, such as barbers, salons, and medical offices, which have similar land use <br />impacts. Moreover, replacing the requirements for a CUP and LUC, which are tied to the property, <br />with ministerial permits, will allow the City to revoke the permit in an expeditious manner and stop the <br />operation of unscrupulous operators. The proposed changes will be consistent with the broad <br />regulating power set forth in AB1147 and comply with limits that have been established. <br />The proposed amendments to Chapter 22 will ensure regulations and permit requirements imposed <br />on massage establishments are consistent with State law and do not place an undue burden on <br />police department resources. Detailed regulations regarding massage establishment permits, <br />application requirements, and the renewal process will be included in the proposed changes to <br />Chapter 22 (Exhibit 1). This permit, which will be administered by the police department, will require <br />the applicant to submit several items of information including proof of identification, the names and <br />CAMTC certificates of all technicians that will be employed, and to subject themselves to a <br />background check, as well as other items specified in the proposed amendment to Chapter 22. The <br />amendments to Chapter 22 were developed with representatives from the police department and <br />focused on effective ways of preventing illicit activity while creating a business friendly environment <br />for legitimate operators. The new permitting process will also allow the police department to revoke <br />massage permits in cases of misconduct. <br />A member of the General Plan and Zoning Committee felt that the community would be better served <br />by allowing for public review of massage establishment applications through the CUP process. Staff <br />acknowledges that the proposed changes to allow ministerial permitting of massage establishments <br />would eliminate the ability for public input and review at a public hearing and the ability to implement <br />site specific conditions of approval. However, staff believes that the proposed changes would be <br />consistent with State law, implement enforceable regulations that will mitigate potential impacts, and <br />limit the strain on police department and City resources. <br />75A -6 <br />