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PC - Item 3B - Municipal Code Amendment 15-06 .E © �� ROSEMEAD PLANNING COMMISSION 174,15-1 STAFF REPORT 14 TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 19, 2015 SUBJECT: MUNICIPAL CODE AMENDMENT 15-06 AN ORDINANCE AMENDING THE ZONING CODE AS RELATED TO MASSAGE ESTABLISHMENTS IN THE CITY OF ROSEMEAD Summary During the 2014 legislative session the Legislature passed, and the Governor signed AB 1147 relating to massage establishments. This bill restored the ability of cities and counties to regulate massage establishments and establish land use controls as of January 1, 2015. As a result, Municipal Code Amendment 15-06 is a City initiated amendment that proposes to amend the zoning provisions of the Rosemead Municipal Code, Title 17 ("Zoning"), to require that massage businesses obtain a Conditional Use Permit for operation in a C-3 (Medium Commercial) zone. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 15-15 (Attachment "A"), a resolution recommending that the City Council ADOPT Municipal Code Amendment 15-06 (Attachment "B"), amending Title 17 "Zoning" of the Rosemead Municipal Code to require a Conditional Use Permit for massage services under Services Uses — Restricted in Table 17.16.020.1 of Section 17.16.020 ("Commercial District Land Uses and Permit Requirements"). Background In 2008, the Legislature adopted SB 731 which created the California Massage Therapy Council ("CAMTC") a non-profit organization to provide voluntary certification to massage therapists and massage practitioners. Once a person had a CAMTC certification, they were exempt from all local government regulations. SB 731 and the various amendments thereto, also prohibited local government from regulating massage establishments differently than any other professional business and required that they be allowed in all the same zones as any other professional business. SB 731 had a sunset date of January 1, 2015. Planning Commission Meeting October 19,2015 Page 2 of 11 Recognizing that SB 731 went too far and had many unintended consequences, the Legislature adopted AB 1147 late last year. This new bill restored the ability of cities and counties to impose local control. While the CAMTC and the voluntary certification provisions remain intact, there were a number of important changes. The most important change is that cities and counties now have the ability to impose ordinances, regulations, rules, requirements, restrictions, and land use regulations that are different from those placed on other professional services, on CAMTC certified individuals, and businesses that use only CAMTC certified professionals (although there are still some limitations on local government regulations). Additionally, the composition of the CAMTC Board has been changed to reduce the amount of industry representation and increase the amount of governmental representation. The Massage Therapy Act now provides that protection of the public is the highest priority and local regulations are enforceable if they are reasonable and necessary. The new Massage Therapy Act remains in effect until January 1, 2017 and, like its predecessor will undergo review to determine its effectiveness and pitfalls prior to expiration. The League of California Cities has therefore cautioned that cities not abuse the authority which has been given back. Municipal Code Requirements Article 6, Chapter 17.152 of the Rosemead Municipal Code sets forth the procedures and requirements for zoning code amendments. Section 17.152.060.8 sets forth the following findings that must be met: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15-06 maintains the current consistency with the General Plan and between the General Plan and Zoning Code. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Municipal Code Amendment 15-06 will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 ("Zoning") by revising land use controls for massage services as allowed under State law. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. Planning Commission Meeting October19, 2015 Page 3 o ii The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15-06 maintains the current consistency with all other provisions of the Zoning Code. Environmental Determination Municipal Code Amendment 15-06 is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. Public Notice Process Pursuant to California Government Code Section 65091, this public hearing notice has been published in at least one (1) newspaper of general circulation within the local agency, as the number of owners of real property within 300 feet of the project site is greater 1,000. Lastly, this notice is also posted in six (6) public locations, specifying the availability of the application, plus the date, time and location of the public hearing. Submitted by: Michelle G. Ramirez Community Development Director ATTACHMENTS Attachment A: PC Resolution 15-15 Attachment B: Ordinance No 957 Planning Commission Meeting October 19,2015 Page 4 of 11 ATTACHMENT "A" PC RESOLUTION 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT MUNICIPAL CODE AMENDMENT 15-06 AMENDING SERVICES USES — RESTRICTED IN TABLE 17.16.020.1 OF SECTION 17.16.020 FOR THE PURPOSE OF REVISING LAND USE CONTROLS FOR MASSAGE SERVICES WHEREAS, Chapter 17.152 of the Rosemead Municipal Code sets forth procedures and requirements for Municipal Code Amendments; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and map, including specific development standards, to control development, and WHEREAS, Chapter 17.152.040 of the Rosemead Municipal Code authorizes the Planning Commission to consider and recommend proposed Municipal Code Amendments to the City Council; and WHEREAS, Municipal Code Amendment 15-06 revises land use controls for massage services in the City of Rosemead, and WHEREAS, on October 8, 2015, a Public Hearing Notice was published in the Rosemead Reader and posted at six (6) public locations in the City specifying the date, time and location of the Planning Commission public hearing on Municipal Code Amendment 15-06 pursuant to California Government Code Section 65091(a)(4); and WHEREAS, on October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Municipal Code Amendment 15-06; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY FINDS AND DETERMINES that Municipal Code Amendment 15-06 is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. Planning Commission Meeting October 19,2015 Page 5 of 11 SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify recommending approval of Municipal Code Amendment 15- 06 in accordance with Chapter 17.152, Section 17.152.060.8 of the Rosemead Municipal Code as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15-06 maintains the current consistency with the General Plan and between the General Plan and Zoning Code. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: Municipal Code Amendment 15-06 will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 by revising land use controls for massage services as allowed under State law. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15-06 maintains the current consistency with all other provisions of the Zoning Code. SECTION 3. The Planning Commission does HEREBY RECOMMEND that the Services Uses — Restricted in Table 17.16.020.1 of Section 17.16.020 of the Rosemead Municipal Code be amended to read as follows: Table 17.16.020.1 Uses in Commercial Districts • Land Use Requirements by District Specific Use Regulations P-O C-1 C-3 C-4 CBD Services Uses-Restricted: 1 Beauty Health Spa — -- AUP AUP Check Cashing — -- CUP sa salsa -- Fortune Telling — -- AUP i,17 OLGC Hotel/Motel — — CUP CUP See Article J.Chapter v.;0 Planning Commission Meeting October 19,2015 Page 6 of 11 See Title 5,Chapter 5.24, Massage Services Al—P _ relating to Business fl I' License Requirements for Massage Uses Notes: P Permitted Use A Permitted Accessory Use — Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required SECTION 4. The Planning Commission HEREBY RECOMMENDS TO THE CITY COUNCIL APPROVAL of Municipal Code Amendment 15-06 revising land use controls for massage services within the City of Rosemead. SECTION 5. This resolution is the result of an action taken by the Planning Commission on October 19, 2015 by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 19'h day of October, 2015. John Tang, Chairman Planning Commission Meeting October 19,2015 Page 7 of 11 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on 19th day of October, 2015, by the following vote: YES: NO: ABSENT: • ABSTAIN: Michelle G. Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting October 19,2015 Page 8 of 11 ATTACHMENT "B" ORDINANCE NO. 957 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 15-06 AMENDING SERVICES USES — RESTRICTED IN TABLE 17.16.020.1 OF SECTION 17.16.020 FOR THE PURPOSE OF REVISING LAND USE CONTROLS FOR MASSAGE SERVICES WHEREAS, Chapter 17.152.050 of the Rosemead Municipal Code sets forth procedures and requirements for Municipal Code Amendments; and WHEREAS, the City of Rosemead has adopted the General Plan and Zoning Ordinance, and map, including specific development standards, to control development, and WHEREAS, 17.152.020 of the City of Rosemead Municipal Code authorizes the City Council to approve Municipal Code Amendments whenever the public necessity, convenience, general welfare, or good zoning practices justify such action; and WHEREAS, on October 19, 2015, the Planning Commission held a public hearing to receive testimony, and after hearing all testimonies from the public, the Commission adopted Resolution No. 15-15 recommending approval to the City Council of Municipal Code Amendment 15-06; and WHEREAS, on October 29, 2015, a Public Hearing Notice was published in the Rosemead Reader and posted at six (6) public locations in the City specifying the date, time and location of the City Council public hearing on Municipal Code Amendment 15- 06 pursuant to California Government Code Section 65091(a)(4); and WHEREAS, on November 10, 2015, the City Council held a public hearing to receive testimony related to Municipal Code Amendment 15-06; and WHEREAS, Municipal Code Amendment 15-06 revises land use controls for massage services in the City of Rosemead, and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination. THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: Planning Commission Meeting October 19,2015 Page 9 of 11 SECTION 1: Compliance with CEQA. The City Council HEREBY DETERMINES that the proposed amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. SECTION 2: Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to justify approving Municipal Code Amendment 15-06 in accordance with Chapter 17.152, Section 17.152.060.8 of the Rosemead Municipal Code as follows: A. The proposed amendment is consistent with the General Plan and any applicable specific plan; FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Adopting Municipal Code Amendment 15-06 maintains the current consistency with the General Plan and between the General Plan and Zoning Code. B. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and FINDING: Municipal Code Amendment 15-06 will promote public health, safety, and general welfare and serve the goals and purposes of Title 17 by revising land use controls for massage services as allowed under State law. The amendment does not authorize any changes to the environment and will have no impacts to properties in the City or their surrounding environment. C. The proposed amendment is internally consistent with other applicable provisions of the Zoning Code. FINDING: The proposed Municipal Code Amendment revises land use controls for massage services in the City of Rosemead. Massages establishments are allowed by the current General Plan and Zoning Code. Municipal Code Amendment 15-06 maintains the current consistency with all other provisions of the Zoning Code. SECTION 3: Amendment to Title 17. The City Council does HEREBY APPROVE that the Services Uses— Restricted in Table 17.16.020.1 of Section 17.16.020 of Title 17 of the Rosemead Municipal Code entitled "Uses in Commercial Districts", is HEREBY AMENDED to read as follows: Planning Commission Meeting October 19,2015 Page 10 of 11 Table 17.16.020.1 Uses in Commercial Districts Lard Use Requirements by District Specific Use Regulations P-O C-1 C-3 C4 CRD Services Uses-Restricted: Beauty Health Spa — -- AUP AUP Check Cashing — — CUP — Fortune Telling — — AUP si suisi - See Article 3,Chapter HoteliMetel -- -- CUP i.I,mo c CUP 17 30 See Title5,ChB pier 5.24. Message Services .. _ 34-11 _ relating to Business (.l r license Requirements for Massage Uses Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP Administrative Use Permit required SECTION 4: Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 5: Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. SECTION 6. Effective Date. The Mayor shall sign and the City Clerk attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption and be in full force and effect thirty (30) days from its date of adoption. PASSED, APPROVED, AND ADOPTED this day of , 2015. (Signatures on Next Page) Planning Commission Meeting October 19,2015 Page 11 of 11 Margaret Clark, Mayor City of Rosemead, California ATTEST: Carol Cowley, Interim City Clerk City of Rosemead, California: APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP