CC - Item 4E - Ordinance No. 957 - Second Reading: Municipal Code Amendment 15-06 - Adoption of Amended Zoning Code as Related to Massage Establishments in the City of Rosemead E M F
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`~ ROSEMEAD CITY COUNCIL
neCIVIC PRIDE STAFF REPORT
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14CORPORATED Ae
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER 1110
DATE: NOVEMBER 24, 2015
SUBJECT: ORDINANCE NO. 957 — SECOND READING: MUNICIPAL CODE
AMENDMENT 15-06 — ADOPTION OF AMENDED ZONING CODE AS
RELATED TO MASSAGE ESTABLISHMENTS IN THE CITY OF
ROSEMEAD
SUMMARY
On November 10, 2015, the City Council introduced Ordinance No. 957, amending 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
It is recommended that the City Council ADOPT Ordinance No. 957 at its second
reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Michelle G. Ramirez
Community Development Director
Attachment A: Ordinance No. 957
ITEM NO. 4.E
ATTACHMENT A
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.
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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.B 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
Land Use Requirements by District Specific Use
Regulations
P-0 C-1 C-3 C-4 CBD
Services Uses-Restricted:
Beauty Health Spa -- -- AUP AUP
Check Cashing -- -- CUP --
Fortune Telling -- -- AUP See Sections --
17.16.030.B3
and
Hotel/Motel -- -- CUP 17.17.030.0 CUP See Article 3,Chapter
17.30
See Title 5,Chapter 5.24,
Massage Services -- -- CUP relating to Business License
Requirements for Massage
Uses
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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 24th day of November, 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:
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APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
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