HomeMy WebLinkAboutRes No 2638PLANNING COMMISSION RESOLUTION NO. 2638
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE
CITY COUNCIL TO AMEND PALM DESERT MUNICIPAL CODE TITLE 25
ZONING CHAPTERS 25.16, 25.28, 25.34, AND 25.99 PERTAINING TO THE
REGULATION OF MASSAGE ESTABLISHMENTS BASED ON ASSEMBLY
BILL 1147
CASE NO: ZOA 14-351
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of November, 2014, hold a duly noticed public hearing to consider the request by
the City of Palm Desert for approval of the above noted; and
WHEREAS, California Government Code, Section 65800 et seq. authorizes the City
of Palm Desert ("City") to adopt and administer zoning laws, ordinances, rules and
regulations by cities as a means of implementing the General Plan; and
WHEREAS, the California Constitution and Government Code Section 51030 et
seq., authorizes the City to regulate massage businesses by imposing reasonable
standards relative to the skill and experience of massage practitioners and reasonable
conditions on the operation of massage establishments; and
WHEREAS, in 2008, the Legislature adopted Senate Bill 731, which created the
California Massage Therapy Council, a state -organized nonprofit organization with
regulatory authority over the certification of massage practitioners throughout the State of
California; and,
WHEREAS, the City amended Chapters 5.87 and 5.90 of the Palm Desert Municipal
Code ("Code") to comply with the regulations set forth in Senate Bill 731; and
WHEREAS, Senate Bill 731 has been widely criticized by local agencies as
providing massage businesses with almost unprecedented protection from local zoning and
land use authority, and interfering with local law enforcement efforts to close massage
businesses allowing prostitution and other illegal activities; and
WHEREAS, Assembly Bill 1147, signed recently by Governor Jerry Brown, was
created in response to criticism against Senate Bill 731 and allows local agencies to impose
reasonable zoning, business licensing, and health and safety requirements on massage
establishments; and
WHEREAS, the City wishes to amend portions of the Palm Desert Municipal Code
Title 25 to ensure that the City regulates massage practitioners and massage
establishments in compliance with the provisions of AB 1147.
PLANNING COMMISSION RESOLUTION NO. 2638
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1: The Planning Commission finds that the revisions to the Palm Desert
Municipal Code proposed by the above referenced resolution are in the public interest and
reasonably related to the public welfare because they update the City's massage
regulations in order to protect the public health from unskilled massage practitioners and to
protect the public morals from illegal prostitution, while maintaining compliance with
California Assembly Bill 1147.
SECTION 2: Based on the entire record before the Planning Commission, all written
and oral evidence presented to the Planning Commission, and the findings made in this
Resolution, the Planning Commission hereby recommends that the City Council amend
portions of the Palm Desert Municipal Code Chapters 25.16, 25.28, 25.34, and 25.99.
SECTION 3: Table 25.16-1 in Section 25.16.030 (Allowed Land Uses and Permit
Requirements) of the Palm Desert Municipal Code is hereby amended to add the following
rows under Retail, Service, and Office Uses in alphabetical order:
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Retail, Service, and Office
Uses
Accessory massage
establishments
Comm
(P:P
Per
Not Permitti d
OP
P
C-1
P
PC-
1
N
ndi strict Dist,
Adr
ondition
PC-
2
P
PC-
3
P
PC-
4
P
SI
N
PI
N
25.34.160
Independent stand-alone
massage establishments
N
P
N
P
P
N
N
N
25.34.160
SECTION 4: Section 25.28.040 (El Paseo Overlay District) of the Palm Desert
Municipal Code is hereby amended by adding the following language to item B.9. as
follows:
"B. Permitted uses. The following retail/personal service uses shall be liberally
construed to be permitted uses within the El Paseo pedestrian commercial overlay
9. Personal care/products shops and services (including barbering, cosmetology,
and accessory massage establishments)."
SECTION 5: Section 25.34.160 (Massage Establishments) of the Palm Desert
Municipal Code is hereby added as follows:
G:\Planning\Monica OReilly\Planning Commission\2014\Resolutions\Res. No. 2638 ZOA 14-351 Title 25 Amndmnt.docx
PLANNING COMMISSION RESOLUTION NO. 2638
"25.34.160 Massage Establishments
A. No independent stand-alone massage establishment shall operate in any zone
other than the C-1 (excluding the El Paseo Overlay District), PC-2, and PC-3 zones.
B. No accessory massage establishment shall operate in any zone other than the C-
1, O.P., PC-2, PC-3, and PC-4 zones.
C. No independent stand-alone massage establishment shall operate within one
thousand (1,000) feet of any other stand-alone massage establishment. The measure of
reference distance in this subsection shall be a straight line from the nearest property line
containing the independent stand-alone massage establishment to the nearest property line
of another independent stand-alone massage establishment. All existing independent
stand-alone massage establishments will be allowed to continue business until such
business ceases to operate for more than thirty (30) days.
SECTION 6: Section 25.99.020 (Land Use Definitions) of the Palm Desert Municipal
Code is hereby amended to include the following definitions in alphabetical order:
"Accessory massage establishment. A certified massage establishment located
within a hotel, beauty salon, day spa, athletic club, chiropractors office, doctors office,
physical therapy office, or yoga or Pilates studio where revenue from massage services is
less than 50% of the total revenue of the hotel, beauty salon, day spa, athletic club, doctor
or chiropractor's office, or yoga or Pilates studio."
"Certified massage establishment. Any massage establishment where the only
persons employed or used by that establishment to provide massage services have current
and valid state certifications."
"Independent stand-alone massage establishment. Any certified massage
establishment where revenue from massage services exceeds 50% of the establishment's
total revenue."
SECTION 7: The Planning Commission also finds that Resolution No. 2638, which
revises the Palm Desert Zoning Code is consistent with the City of Palm Desert General
Plan in that the proposed amendments preserve the commercial corridors. Highway 111 is
the second major retail corridor of the City, and while independent stand-alone massage
establishments can contribute to the positive development or economic vitality of the City,
an over -concentration of these businesses does not. The City's General Plan is to provide a
variety of retail and dining offerings in the commercial zones such as Highway 111 that
encourage pedestrian -friendly streetscapes that are open and inviting. Massage
establishments are a destination business, and when part of a shopping center, do not
attract the same pedestrian foot traffic since they tend to blackout their business windows to
provide a relaxing environment. AB 1147 allows the City to be more restrictive along the
City's commercial corridors and throughout the City in general, in support of the goals,
programs, and policies established in the Economic & Fiscal and Community Design
Elements of the General Plan. Staff believes the proposed amendments achieve the City's
overall goal, while keeping in compliance with AB 1147.
G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions\Res. No. 2638 ZOA 14-351 Title 25 Amndmnt.docx
PLANNING COMMISSION RESOLUTION NO. 2638
SECTION 8: The resolution is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involves updating
Title 25 Zoning, which will not result in a direct or reasonably foreseeable indirect physical
change in the environment; and 15060(c)(3) because 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 9: The Secretary shall certify to the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 4th day of November 2014, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
..,cx p� C;c.iJ
OGFDASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
G:\Planning\Monica OReilly\Planning Commission \2014\Resolutions \Res. No. 2638 ZOA 14-351 Title 25 Amndmnt.docx