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CC - Item 4B - Municipal Code Amendment 15-06 An Ordinance Amending the Zoning Code as Related to Massage Establishments in the City of Rosemead6 ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: NOVEMBER 10, 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 which 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. On October 19, 2015, the Planning Commission held a duly noticed and advertised public hearing related to Municipal Code Amendment 15 -06. Upon hearing written and oral testimony, the Planning Commission adopted Resolution No. 15 -15, recommending that the City Council ADOPT Ordinance No. 957 (Attachment "A ") approving the municipal code amendment without any deletions, additions, or modifications. The Planning Commission staff report & Resolution No. 15 -15 (Attachment "B "), and meeting minutes (Attachment "C) have been included in this report. Staff Recommendation It is recommended that the City Council take the following actions: 1. Conduct the noticed public hearing and receive public comment, and 2. Introduce for First Reading, by title only, Ordinance No. 957 "An Ordinance of the City Council of the City of Rosemead, County 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." ITEM NO. 4.13 City Council Meeting November 10, 2015 Pape 2 of 3 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. Recognizing that SB 731 went too far and had many unintended consequences, the Legislature adopted AB 1147 late last year which 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 17.152.060.13 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 City Council Meeting November 10, 2015 Paae 3 of 3 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. 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. LEGAL REVIEW The attached Ordinance No. 957 has been reviewed and approved by the City Attorney. Public Notice Process Pursuant to California Government Code Section 65091, a public hearing notice was published in at least one (1) newspaper of general circulation within the local agency (Rosemead Reader on October 29, 2015), as the number of owners of real property within 300 feet of the project site is greater 1,000. In addition, the same public hearing notice was posted in six (6) public locations. Submitted by: Lkwjija Michelle G. Ramirez Community Development Director ATTACHMENTS Attachment A: Ordinance No. 957 Attachment B: Planning Commission Staff Report dated October 19, 2015 Attachment C: Planning Commission Approved Meeting Minutes dated October 19, 2015 Page Intentionally Left Blank ATTACHMENT A Reserved 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 TABLE 17.16.020.1 OF SECTION 17.16.050 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: 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. 1 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 17.152.060.13 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: Table 17.16.020.1 Uses in Commercial Districts LalEd IIse Requirements by District Specific use Regulations P -O GI C -3 C -4 CRD Services Uses Restricted: Beauty Health Spa -- -- AUP sa sleo— AUP Cheek Cashing -- -- CUP -- Fortune Telling -- -- AUP -- n.�r nmea ^^a v.rxusuc Hotel /Motel -- -- CUP CUP See Article 3, Chapter 17,30 See Title 5, Chapter 5.24, Massage Services -- -- A44P -- relating to Business Q7UP License Requirements for Massage Uses 2 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, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: Margaret Clark, Mayor City of Rosemead, California ATTEST: Carol Cowley, Interim City Clerk City of Rosemead, California: 3 APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP 4 ATTACHMENT B Reserved ROSEMEAD PLANNING COMMISSION STAFF REPORT 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.B 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 October 19, 2015 Page 3 of 11 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: �ft��&Lj Michelle G. Ramirez Community Development Director ATTACHMENTS Attachment A: PC Resolution 15 -15 Attachment B: Ordinance No. 957 Page Intentionally Left Blank 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 17.152.060.6 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 TT3g Requirements by District Specific Use Regulations C 3 C -4 CAD Services Uses- :Restricted: Beauty Health Spa -- -- AUP AUP Check Cashing -- -- CUP -- 1].16.030.83 W 17, 17X uc Fortune Telling -- -- AUP — Hotel/Motel -- -- CUP CUP See Article 3, Chapter 1730 Planning Commission Meeting October 19, 2015 Page 6 of 11 See Title 5, Chapter 5.24, AUP relating to Business Massage Services -- -- -- CUP License Requirements for Massage Uses Notes: P Permitted Use A Permitted Accessory Use -- Use not allowed CUP Conditional Use Permit required AUP A dministrative 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 19th 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 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 TABLE 17.16.020.1 OF SECTION 17.16.050 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: 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. 1 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 17.152.060.13 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: Table 17.16.020.1 Uses in Commercial Districts Services Uses Restricted: Beauty Health Spa -- -- AUP S. S.6." AUP Check Cashing -- -- CUP -- Fortune Telling -- -- AUP -- 17,16,030,133 Id 17,17.030.0 Hotel/Motel -- -- CUP CUP See Article 3, Chapter 17.30 See Title 5, Chapter 5.24, 'HC relating to Business Massage Services __ -_ CUP License acquirements for Massage Uses Ili- 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, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN: Margaret Clark, Mayor City of Rosemead, California ATTEST: Carol Cowley, Interim City Clerk City of Rosemead, California: 3 Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP III ATTACHMENT C Reserved Minutes of the PLANNING COMMISSION MEETING October 19, 2015 (Approved by the Planning Commission on 11.2 -15) The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 p.m.in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Commissioner Herrera INVOCATION — Commissioner Eng ROLL CALL — Commissioners Dang, Eng, Herrera, Vice -Chair Lopez and Chair Tang ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Associate Planner Valenzuela, Assistant Planner Hanh, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney, Greg Murphy presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW 14 -02, CONDITIONAL USE PERMIT 14 -01, AND PUBLIC CONVENIENCE OR NECESSITY 14 -02 - On July 20, 2015 the Planning Commission conducted a duly noticed public hearing for Design Review 14 -02 and Conditional Use Permit 14 -01 to allow the development of a one - story 2,400 square foot 7- Eleven convenience market with an Off -Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license. The store proposes a 24 -hour operation with no alcohol sales after 11:00 p.m. Since the project site is located within a census tract with undue concentration of alcohol licenses and within a high crime reporting district, the application also included a request for a determination that the alcohol license will serve the Public Convenience or Necessity (PCN 14 -02) as required by State ABC. At that hearing the Planning Commission reviewed the proposed project and received testimony from members of the public. In response to public testimony, the Planning Commission decided to continue the item to the meeting of September 21, 2015 so that the community had more opportunity to give input. The Commission further encouraged 7- Eleven to do neighborhood outreach and bring back crime statistics for the two existing 7- Eleven stores (7- Eleven at 4800 Temple City Blvd. in Temple City and 7- Eleven at 10009 Valley Blvd. in El Monte). On September 21, 2015, the Planning Commission reviewed a letter from Thrifty Oil Co. requesting that the Planning Commission continue the public hearing to the regular meeting of October 19, 2015. The letter stated that more time was needed for public outreach. At that meeting the Planning Commission unanimously approved to continue the public hearing to the regular meeting of October 19, 2015. On October 13, 2015, Thrifty Oil Co. submitted a second letter requesting that the Planning Commission continue the public hearing to the regular meeting of December 7, 2015. The letter states that although 7- Eleven and Thrifty Oil Co. have made good progress on their outreach efforts, they only recently have been able to obtain foreign language speakers to assist with the translation of the Chinese language. It is recommended that the Planning Commission move to continue the public hearing to the regular meeting of December 7, 2015. Community Development Director Ramirez presented the staff report. Chair Tang asked if the Planning Commission had any questions or comments for staff. None Chair Tang opened the Public Hearing and asked if there was anyone wishing to speak or comment on this item Resident Brian Lewin expressed concern with the approval of this extension and requested that the applicant will not be allowed any further extensions than the one being requested. He explained that the extension of this item inconveniences the concerned residents that would like to attend the meeting, has made arrangements to attend, and then are told the item will not going to be presented after all. He requested that if this item is too be extended to December 7, 2015, that it actually be heard on this date. He referred to the staff report regarding the crime statistics and requested that it include calls for service and not just arrest or reported crime for the two 7- Eleven's near the proposed site. He also requested that the Planning Commission consider including crimes and calls for service as well as Code Enforcement interactions for the two (2) existing 7- Eleven's in Rosemead. Chair Tang asked if there are any further questions or comments None Chair Tang closed the Public Hearing and asked if the Planning Commission had further questions or comments. None Chair Tang asked for a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera, to continue the public hearing to the regular meeting of December 7, 2015. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes with a 5 to 0 vote to Continue this item to the December 7, 2015 Planning Commission meeting. B. MUNICIPAL CODE AMENDMENT 15 -06 AN ORDINANCE AMENDING THE ZONING CODE AS RELATED TO MASSAGE ESTABLISMENTS IN THE CITY OF ROSEMEAD — During the 2014 legislative session the Legislature passed, and the Governor signed AB1147 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 Conditional Use Permit for operation in a C -3 (Medium Commercial) zone. 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. Staff Recommendation — Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 15 -15, a resolution recommending that the City Council ADOPT Municipal Code Amendment 15.06, 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 "). Community Development Director Ramirez presented the staff report. Chair Tang asked if the Planning Commission had any questions or comments for staff. Commissioner Deng referred to the third page of staff report and read the Public Notice Process and asked for clarification in regards to "greater 1000" City Attorney Murphy explained that this is designed to not overly burden the finances of the City. He stated state law says, if more than 1,000 envelopes would have to be mailed, then rather than mailing the 1,000 envelopes and incurring the postage charge, you can publish it in the newspaper instead. Commissioner Deng thanked staff for the clarification. Commissioner Eng asked if there is currently a moratorium on Massage Establishments. Community Development Director Ramirez replied yes. Commissioner Eng asked what impact would this have on the moratorium. Community Development Director Ramirez stated that the Planning Commission is only making a recommendation to the City Council and City Council will be the approving body for this ordinance and responsible for the terminating the moratorium. Commissioner Eng asked that staff's intent of the conditional use permit will be in lieu of. Community Development Director Ramirez replied an Administrative Use Permit (AUP). Commissioner Eng asked if anything is being done to update the existing ordinance based on the new legislation City Attorney Murphy explained there are two parts to the regulation of Massage. First is to the regulation of the siting of a massage establishment. He explained the only change to the zoning code is that a Massage establishment will have to come to this body for its approval of its site. He added all the other remaining restrictions already in the code will continue to apply, based on the analysis of the A131 147 that appear to be appropriate. He stated there are some changes to the business license process that will be consistent with the AB1147, but the business license process is not something within the Planning Commission's jurisdiction since it has nothing to do with land use. Commissioner Eng asked if Massage Establishments are currently permitted in one type of zone only. Community Development Director Ramirez replied it is allowed in two (2) zones, which are C -3 (Medium Commercial) and CBD (Commercial Business District) zone if it is a mixed -use project. Commissioner Eng asked if both zones will fall under the conditional use permit. Community Development Director Ramirez replied no. She explained if it is in a CBD zone, then it can only be an accessory use to a health spa, and is not allowed as a stand - alone. Commissioner Eng asked because this will require a conditional use permit, are there standard conditions of approval that have been prepared. Community Development Director Ramirez replied no, that is not something currently done with conditional use permits. She added that when staff receives the first conditional use permit, then it will be discussed with the City Attorney to see what it may contain legally. Commissioner Dang referred to the mixed -use zoning and by right of accessory use and asked if there is a definition of an accessory use. Community Development Director Ramirez replied yes. Commissioner Dang asked if there was a certain percentage. Community Development Director Ramirez replied it is 25 %. Commissioner Dang asked if the person administrating the 25% need to be a licensed person. Community Development Director Ramirez reminded Commissioner Dang that it is to a health spa and when you have a massage technician they will have to be certified. Chair Tang asked if the Planning Commission had any further questions for staff. None Chair Tang opened the Public Hearing Resident Brian Lewin stated he appreciates having the change from an ALP to a CUP for Massage Establishments. He recommended the following items be addressed and changes to be considered to 5.24 1). Prohibition on internal locking doors, 2). 5.24.60 Provision J - restrictions regarding marijuana, 3). Section Q prohibiting security cameras, and 4). Addressing table showers. He commented that there has been 10 months to review 5.24 and the only thing that was changed was to require a CUP instead of an AUP. He recommended changes to the wording in the Sign Ordinance and requested staff revisits 5.24 for some possible improvements. Chair Tang asked if there was anyone else wishing to speak on this item None Chair Tang closed the Public Hearing. 11 City Attorney Murphy stated that Chapter 5.24 falls under the business license aspect and changes will be going directly to the City Council. He added because those do not fall under the land use itself, but to the operation of the business, staff decided not to bring those forward. He stated staff did look at the changes of the business license aspects of massage regulations and those will be going before the City Council along with any recommendations made by the Planning Commission in regards to land use aspect. Commissioner Eng stated that Mr. Lewin did bring up some good points and would like to encourage staff to investigate and incorporate them into the business license process. She stated she appreciates that this is not a land use issue, but would like to acknowledge Mr. Lewin for bringing up those concerns. Chair Tang asked if there were any further questions or comments None Chair Tang asked for a motion. Commissioner Eng made a motion, seconded by Vice -Chair Lopez, to ADOPT Resolution No. 15 -15, a resolution recommending that the City Council ADOPT Municipal Code Amendment 15 -06, 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). Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated this item passes 5 to 0 and will be heard next at the City Council. C. DESIGN REVIEW 15 -04 AND MINOR EXCEPTION 15 -08 - Marie Oldendorff and Maria Martinez have submitted an application for a Design Review (DR) and Minor Exception (ME), requesting to construct additions to an existing legal, nonconforming single - family dwelling unit with a substandard side yard setback, nonconforming side wall, and a total floor area over 2,500 square feet. The proposed project includes a new attached three -car garage. The subject property is located at 3206 Ivar Avenue (AIN: 5289 - 017 -043) and in the R -1 (Single - Family Residential) zone. PC RESOLUTION 15 -17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15- 04 AND MINOR EXCEPTION 15 -08, PERMITTING A 1,040 SQUARE FEET ADDITION TO AN EXISTING LEGAL, NONCONFORMING SINGLE - FAMILY DWELLING UNIT WITH A SUBSTANDARD SIDE YARD SETBACK, NONCONFORMING SIDE WALL, AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED AT 3206 IVAR AVENUE (AIN: 5289. 017.043), IN THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15- 17 with findings, and APPROVE Design Review 15.04 and Minor Exception 15 -08, subject to the 22 conditions. Assistant Planner Hanh presented the staff report. Chair Tang asked if the Planning Commission had any questions for staff. Commissioner Eng referred to the substandard setback of 2.3 and asked what the standard setback is. Assistant Planner Hanh replied the existing setback is at 3 ft. 3 in. and they will need 6 ft. Commissioner Eng asked if the addition will not change that setback, it's just extending it. Assistant Planner Hanh replied the addition will conform to today's code and will not alter the existing nonconforming setback. Commissioner Eng read what was being added and asked if the three -car garage is included. Assistant Planner Hanh replied no. Commissioner Tang asked for clarification of the Minor Exception process in regards to legal nonconforming homes from previous Planning Commission discussions. Community Development Director Ramirez explained that Minor Exceptions can be approved at staff level, and they do not usually appear before the Planning Commission, but because this application has a Design Review it did. City Attorney Murphy explained that the Planning Commission made some recommendations to City Council regarding the ordinance for the Minor Exceptions and there was discussion on what types of nonconformity changes would fall into the Minor Exception process. Community Development Director Ramirez clarified that discussion was if someone has a legal nonconforming property and if they wanted to build a new structure. She explained that City Council approved that with the additional requirement of obtaining authorization and approval of all their neighbors. Chair Tang asked if that applies to the homeowner who wants to build a detached garage. Community Development Director Ramirez replied that applies to anyone wishing to add a new home, structure, accessory unit, etc. Commissioner Lopez asked if the existing home will be able to stay as legal nonconforming. Community Development Director Ramirez replied City Council stated they were comfortable with it staying legal nonconforming as long as they have the approval of all the neighbors. Commissioner Tang referred to sheet A2 in regards to the wet bar and asked if there is a memo or anything in the municipal code that defines a wet bar. Assistant Planner Hanh replied there is not, but the Building Code may have one and he will check with the building official. Chair Tang opened the Public Hearing and asked if there is anyone wishing to speak on this item. Community Development Director Ramirez invited the applicant to the podium. Representative Hipolito Serrano stated he is present to answer any questions the Planning Commission may have. Chair Tang asked the Planning Commission if there were any questions for the applicant. None Chair Tang closed the Public Hearing and asked the Planning Commission if there were any further questions or comments. Commissioner Eng stated she would like to compliment and thank the Designer for tying the whole house with the addition. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 15 -17 with findings, and APPROVE Design Review 15 -04 and Minor Exception 15 -08, subject to the 22 conditions. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes 5 to 0 vote and explained the 10 -day appeal process. D. CONDITIONAL USE PERMIT 15 -04 - San Fernando Music Inc. has submitted a Conditional Use Permit application requesting approval for a new music and dance school located at 3303 Del Mar Avenue, Unit B, in the C -3 (Medium Commercial) zone. PC RESOLUTION 15.16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 15 -04, TO OPERATE SAN FERNANDO MUSIC SCHOOL, LOCATED AT 3303 DEL MAR AVENUE IN THE C -3 (MEDIUM COMMERCIAL) ZONE (AIN:5286- 030 -034). Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15- 16 with findings, and APPROVE Conditional Use Permit 15 -04, subject to the 19 conditions outlined. Associate Planner Valenzuela presented the staff report. Chair Tang asked if the Planning Commission had any questions or comments for staff. Commissioner Eng asked if there will be any other tenants that will be occupying the building. Associate Planner Valenzuela replied yes "Unit A" has an office use. Commissioner Eng asked how long the applicant been operating at this site. Associate Planner Valenzuela replied the application process was submitted one (1) year ago. Commissioner Eng stated there are residents to the north and west of this site and asked if the City has received any complaints. Associate Planner Valenzuela replied no, the City has not received any complaints for this location. Chair Tang asked what the current use of "Unit A" is. Associate Planner Valenzuela replied it is an office use. Chair Tang asked staff if they knew the reason why the lease was not renewed by the Garvey School District. Associate Planner Valenzuela replied that question may be deferred to the applicant. Chair Tang opened the Public Hearing and invited the applicant to the podium if they are present. Property Owner Daniel Deng and Applicant Sandra Dan stated they are present to answer any questions the Planning Commission may have. Commissioner Eng asked what the time frame is for most students. Applicant Sandra Dan replied 5:00 pm to 9:00 pm. Commissioner Eng stated there are four (4) classrooms available and asked if all four (4) classrooms will be used. Applicant Sandra Dan replied no only three (3) rooms will be occupied. Commissioner Eng asked if the school currently operates Monday through Saturday. Applicant Sandra Dan stated they are open Monday through Thursday and Saturday's. Commissioner Eng asked if the school has future plans to operate on Sunday's. Applicant Sandra Dan replied no. Commissioner Deng asked staff to clarify if the conditional use permit application is to use a studio. Associate Planner Valenzuela explained the applicant is requesting to operate a school and the Municipal Code requires a conditional use permit for anything over 2,000 square feet. Chair Tang asked the applicant why their lease was not renewed at Duff School. Applicant Sandra Dan replied they were told the building was going to be used for something else. Chair Tang asked if they have been operating this business at this location for about one (1) year. Applicant Sandra Dan replied yes. Chair Tang asked when the school gets the most traffic from students. Applicant Sandra Dan replied 5:00 pm to 9:00 pm. Chair Tang stated the school meets the parking requirements and asked if parents drop the students off or do the parents stay there and wait. Applicant Sandra Dan replied it is half and half, some parents stay and some will come back to pick the students up after class. Chair Tang asked if parking has ever been an issue. Applicant Sandra Dan replied no. Property owner Daniel Dang stated he would like to thank staff for all their help. Chair Tang asked if there was anyone else wishing to speak on this item. None Chair Tang closed the Public Hearing and asked if the Planning Commission had any further questions or comments. None Chair Tang asked for a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 15.16 with findings, and APPROVE Conditional Use Permit 15.04, subject to the 19 conditions outlined. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes 5 to 0 and explained the 10 day appeal process. 4. CONSENT CALENDAR A. Minutes of 9 -21 -15 Commissioner Dang stated he has a correction to page seven (7), fifth (5th) paragraph down, it should say structural slab not social slab. Community Development Director Ramirez stated staff can make that correction. City Attorney Murphy stated that is consistent with the rest of the page so it can be done. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera, to approve PC Minutes of 9.21.15 with correction. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None 9 Abstain: None Absent: None Community Development Director Ramirez stated the motion passes 5 to 0. 5. MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and location of the upcoming 'Trunk & Treat" community event. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Eng referred to the property located on Valley Boulevard and Walnut Grove on the southeast corner, and stated there are two posts with four (4) different signs. She added one is pointing to City Hall, Dinsmoor Heritage House, the Library, and requested when the City is ready to develop that parcel that be made to be more eye pleasing. Community Development Director stated she will let Public Works know Commissioner Dang commented that the debris that he mentioned at the last Planning Commission meeting has been removed, it was located on Glendon Way and Rosemead Boulevard. He thanked Community Development Director Ramirez for submitting the CRM. Commissioner Herrera stated she will not be present at the November 16, 2015 Planning Commission because she will be on vacation. She commented the residential property located on Muscatel Avenue and Marshall Street has been worked on, but the colors do not match, and asked what the status is. Community Development Director Ramirez replied that the property owner is currently working with the Building Division in regards to the building code violations. Chair Tang commented that the UFC Gym parking lot pavement is not level and he noticed that there is a large dip in the asphalt. He asked staff if there is a requirement that businesses level the pavement. Community Development Director Ramirez replied they do not necessarily have to level the pavement, but they do have to restripe it and keep it clean. She added it may not belong to the UFC property because that site is two parcels with separate owners. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, November 2, 2015, at 7:00 p.m. John Tang Chair ATTEST: Rachel Lockwood Commission Secretary 10