HomeMy WebLinkAboutRes No 2596PLANNING COMMISSION RESOLUTION NO. 2596
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING AMENDMENT OF PALM DESERT
MUNICIPAL CODE REGARDING MASSAGE BUSINESS ZONING
RESTRICTIONS.
WHEREAS, the City of Palm Desert ("City") is authorized by the California Constitution
and Government Code Section 51030 et seq., to regulate massage businesses by imposing
reasonable standards relative to the skill and experience of massage operators and massage
technicians and reasonable conditions on the operation of massage businesses; and
WHEREAS, massage businesses and other specified personal or professional services
businesses are businesses which involve significant intimate contact between persons, which
create opportunities for acts of prostitution and other unlawful sexual activity to occur; and
WHEREAS, in 2009, the Legislature passed Senate Bill 731 (Business & Professions
Code Section 4600 et seq.) amended in 2011 by Assembly Bill 619 and again in 2012 by
Senate Bill 1238, which in combination created a state -organized non-profit organization, the
California Massage Therapy Council ("CAMTC"), that has regulatory authority over the
certification of massage therapists and practitioners throughout the State of California; and
WHEREAS, SB 731, AB 619, and SB 1238 imposed new limitations on the authority of
local jurisdictions to enact or enforce regulations applicable to CAMTC certified individuals and
massage establishments employing only those individuals and pre-empting the application of
certain land use, zoning and facility requirements on such massage establishments while
preserving local jurisdictions' authority to adopt and enforce certain business licensing and
reasonable health and safety requirements for massage establishments and massage
professionals; and
WHEREAS, the City wishes to amend the Palm Desert Municipal Code to ensure that
the City regulates massage therapists, massage establishments and other specified
professional services businesses in compliance with the provisions of SB 731, AB 619, and SB
1238.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA AS FOLLOWS:
SECTION 1. Section 25.04.171 of Chapter 25.04 (Definitions) of the Palm Desert
Municipal Code is hereby added as follows:
"Certified Massage Business(es) shall be defined by Palm Desert Municipal Code
Section 5.87.030."
SECTION 2. Section 25.10.030 is hereby amended to include:
"H. Certified Massage Businesses."
SECTION 3. Section 25.38.030 is hereby amended to include:
"S. Certified Massage Businesses."
PLANNING COMMISSION RESOLUTION NO. 2596
SECTION 4. Compliance with California Environmental Quality Act
Pursuant to state and local environmental regulations, it has been determined that the
regulations encompassed in this Ordinance are not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. General Plan Consistency
Based on the entire record before the Planning Commission and all written and oral
evidence presented, including the staff report and the findings made in this Ordinance,
the Planning Commission of the City of Palm Desert hereby finds and determines that
the proposed Ordinance is consistent with the goals and policies of the City of Palm
Desert General Plan and is reasonably related to the public welfare of the citizens of the
City and the surrounding region. Specifically, this Ordinance will help to reduce the
likelihood of Massage Establishments to be used for illegal activity.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Palm Desert, California, on the 15th day of January, 2013 by the
following roll call vote:
AYES: CAMPBELL, DASH, DE LUNA, AND LIMONT
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST;,..---�
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LAURI AYLAIAN, SECRETARY
CITY OF PALM DESERT, CALIFORNIA
SONIA CAMPBELL, CHAIRPERSN