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HomeMy WebLinkAboutPC Reso 15-04 ZOA Chapters 8.08, 8.12 & 8.76 regulate Massage Establishments RESOLUTION 15-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTERS 8.08 (DEFINITIONS) AND 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND) OF THE DUBLIN MUNICIPAL CODE TO REGULATE MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES WITHIN THE CITY OF DUBLIN WHEREAS, the City Council recognizes that massage and the provision of massage, bodywork and somatic therapies are viable and important professional services providing valuable health and therapeutic services for City residents; and WHEREAS, Assembly Bill 1147 provided counties and cities with additional regulatory control over Massage Establishments; and WHEREAS, an amendment to Chapter 4.20 (Massage Establishments and Massage Services) will ensure that our Ordinance is complaint with current State law and provide adequate means for the City to regulate Massage Establishments; and WHEREAS, amendments to Chapter 8 are proposed to ensure consistency with Chapter 4.20; and WHEREAS, the amendments to Chapter 8 include new and amended definitions and allowing Massage Establishments by-right in certain Commercial Zoning Districts; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the proposed project is exempt from CEQA per CEQA Guidelines Section 15061 (b)(3), which states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed amendments to the Zoning Ordinance does not, in itself, allow the construction of any building or structure, but rather regulates Massage Establishments and Massage Services within the City; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on said application on May 26, 2015; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. 1 NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the following amendments to the Zoning Ordinance: The definition of "Massage" contained in Section 8.08.020 of the Dublin Municipal Code is revised to read as follows in its entirety: "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. The following new definitions are hereby added to Section 8.08.020 of the Dublin Municipal Code: "California Massage Therapy Council" or "CAMTC" means the Massage Therapy Organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code. "Certified Massage Therapist" means a Massage Therapist certified by the California Massage Therapy Council as a Certified Massage Practitioner or as a Certified Massage Therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code. Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of the Dublin Municipal Code is hereby amended to change the "Massage Establishment" use type from a Conditional Use to a Permitted Use. All other rows of the table in Section 8.12.050 shall remain unchanged by this Section. COMMERCIAL USE A R-1 R- R- C- C-N C-1 C-2 M-P M-1 M-2 TYPE 2 M O Massage - - - - - P P P - - - Establishment Additionally, a Massage Establishment may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial Land Use designation. Any PD regulations which require a Conditional Use Permit for Massage Establishments shall be superseded by this Ordinance and any Massage Establishment in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of Chapter 4.20. 2 PASSED, APPROVED AND ADOPTED this 26th day of May 2015 by the following vote: AYES: Goel, Kohli, Bhuthimethee, Do NOES: ABSENT: Mittan ABSTAIN: 7 Planning Commission Chair ATTEST: Assistant Community Development Director 3