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Amendment No. 2016 -01 <br />Zoning Ordinance Amendment No. 2016 -01 <br />May 23, 2016 <br />Page 5 <br />Development Standards <br />While AB 1147 grants local governments broad land use regulating powers pertaining to massage <br />establishments, it also imposes limits on what agencies can impose on massage professionals. The <br />existing ordinance imposes separation criteria on massage establishments, much like adult <br />entertainment uses. Assembly Bill No. 1147 prohibits local governments from defining or otherwise <br />regulating massage establishments as an adult entertainment use. The proposed ordinance will treat <br />massage uses as a service use and remove separation criteria, but will implement development <br />standards that will mitigate any potential impacts on neighbors and discourage any illicit activity within <br />the establishment. The new ordinance will also restrict massage establishments from operating <br />within any zoning district except specified commercial zones and specific plans where Ordinance <br />service uses are permitted. Moreover, the new ordinance will prohibit residing in massage <br />establishments or operation from a residence (Exhibit 2). <br />Operating Standards <br />The proposed changes to Chapter 22 and Chapter 41 will require that all massage technicians have a <br />valid massage certificate issued by the CAMTC and photo identification card issued by the City. <br />These requirements will ensure that all technicians have appropriate education and training to provide <br />massage services and enable the police department to identify technicians that are approved to <br />provide services at the business. The new ordinance will also limit the hours of operation from 8:00 <br />a.m. to 10:00 p.m., set minimum lighting standards, require the operator to obtain a permit from the <br />chief of police, and require other pertinent operational standards. All proposed operating standards <br />will be consistent with limits set forth in AB 1147 and enable effective enforcement by the police <br />department and code enforcement. <br />Public Notification <br />The proposed amendments are citywide and the project site is not located within the boundaries of <br />one single Neighborhood Association. However, a notice was published in the Orange County <br />Register. At the time of this printing, no correspondence, by phone, written, or electronic, had been <br />received from any members of the public, <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act (CEQA) the recommended action is <br />exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be <br />seen with certainty that there is no possibility that the activity in question may have a significant <br />effect on the environment. Therefore, it can be seen with certainty that there is no possibility that <br />the activity in question will have a significant effect on the environment. <br />75A -7 <br />