HomeMy WebLinkAbout872 - Ordinances ORDINANCE NO. 872
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA REQUIRING A CONDITIONAL USE
PERMIT FOR THE ESTABLISHMENT OF NEW MASSAGE
ESTABLISHMENTS IN ALL ZONES IN WHICH SUCH USES ARE
PERMITTED BY THE DEVELOPMENT CODE, AND DECLARING THE
URGENCY THEREOF.
A. Recitals.
(i) In 2008, the California State Legislature adopted, and the Governor signed into law, Senate Bill
731, which established uniform statewide regulations pertaining to massage therapy and
massage establishments (Business and Professions Code Section 4600 et seq.) (Hereinafter,
the "Massage Therapy Law"). More specifically, the Massage Therapy Law created a statewide
system for issuing massage worker permits and shifted government regulation from local
governments to a new state entity known as the California Massage Therapy Council
(hereinafter, the"CAMTC"). The Massage Therapy Law preempted most local land use, zoning
and operational regulations relating to massage therapists and practitioners certified by the
CAMTC and massage establishments that exclusively employ certified massage therapists and
practitioners. The State Legislature adopted Assembly Bill 619 in 2011 and Senate Bill 1238
in 2012, which amended various provisions of the Massage Therapy Law to further limit local
government authority to regulate massage.
(ii) On July 16, 2012, the City Council approved a comprehensive Development Code Amendment
Update, which amended the Rancho Cucamonga Municipal Code (hereinafter, the "Code") to
conform to the Massage Therapy Law. This Code Amendment permitted massage
establishments"by-right" in all commercial zoning districts, as well as the Industrial Park zoning
district and the General Industrial zoning district. Prior to this Code amendment, massage
establishments were conditionally permitted in the General Commercial zoning district Citywide
and within the Village Commercial zoning district of the Victoria Arbors Master Plan.
(iii) Massage establishments have proliferated in the City since the Massage Therapy Law took
effect. The City had seven massage establishments prior to the Massage Therapy Law. Since
that time the number of massage establishments in the City has increased to forty-two—a 600
percent increase in less than three years. The proliferation of massage establishments in the
City is due, in part, to the permissive zoning regulations required under the Massage Therapy
Law. Although the City Council finds that most massage establishments currently operating in
the City are law abiding, there is evidence in other jurisdictions that massage establishments
serve as fronts for prostitution or human sex trafficking. The potential for criminal and unsafe
activity at massage establishments is particularly concerning given that some massage
establishments in the City are located within proximity to places where families congregate,
such as restaurants and shopping areas.
(iv) On September 18, 2014, Governor Brown signed Assembly Bill 1147 (hereinafter, "AB 1147"),
which amended the Massage Therapy Law to expand local authority to adopt zoning
regulations, business licensing, and reasonable health and safety requirements for massage
establishments and practitioners. More specifically, the City may now adopt and enforce zoning
regulations specific to massage establishments that do not necessarily apply to all other
licensed professionals. AB 1147 takes effect on January 1, 2015.
Ordinance No. 872 – Page 1 of 4
(v) The City's planning staff is presently studying AB 1147 and evaluating potential land use
changes relating to massage establishments that are consistent with the Massage Therapy
Law, as amended by AB 1147. The Planning Department intends to complete this study within
a reasonable time and the study will result in recommendations to the City Council regarding
appropriate zoning districts, entitlement requirements, and operational regulations for new
massage establishments.
(vi) The proliferation of massage establishments in the City without due consideration through the
approval of a Conditional Use Permit presents a current and immediate threat to the public
health, safety, and welfare. This is so because evidence in other jurisdictions suggests that
some massage establishments and massage professionals may be engaged in criminal and
otherwise unsafe activities and, further, that massage establishments are frequently located
near incompatible uses. Until the City Council can act to approve new land use regulations,
the City Council desires Planning staff to review new massage establishments through the
process of approving Conditional Use Permits.
(vii) The development of new massage establishments without Conditional Use Permits before the
City has had a sufficient opportunity to fully study the current impacts and potential regulation
of massage establishments would result in adverse impacts to City residents and business,
constitute a nuisance to surrounding land uses, and present a threat to public health, safety,
and welfare.
B. Ordinance.
NOW, THEREFORE, the City Council hereby ordains as follows:
Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance
are true and correct and, based on such facts and the entirety of the record before it,
further finds as follows:
a. The establishment and operation of any new massage establishments within the
City without due consideration through the approval of a Conditional Use Permit and
before the City has a chance to study current impacts and potential regulation would
result in adverse impacts, constitute a nuisance, and present a risk to the public
health, safety, and welfare.
b. Requiring a Conditional Use Permit for new massage establishments in any zone in
which such use is permitted is necessary to protect the public safety, health, and
welfare.
Section 2. The City Council hereby establishes an interim zoning ordinance to conditionally permit
new massage establishments in all zones in which massage establishments are
currently permitted. All persons desiring to establish a massage establishment in one
of those zones must obtain a Conditional Use Permit pursuant to Section 17.16.120 of
the Code. For purposes of this Ordinance, the term "massage establishment" shall
mean any establishment, parlor, or any room, place or institution where customers can
receive a massage on any portion of the body either as a primary or accessory function.
The term "new" shall mean both 1) an increase in the existing, legally established
building area in which an existing massage establishment conducts business (i.e.,
expansion); and 2) the establishment of a new massage establishment in a new
location.
Ordinance No. 872 — Page 2 of 4
Section 3. This ordinance is additional to and supplemental to, and shall not affect, except as
specifically provided herein, any provision of the Rancho Cucamonga Development
Code, which shall be operative and remain in full force and effect without limitation.
Section 4. This ordinance shall take effect on January 1, 2015, and shall remain in effect for a
period of 45 days from the date of publication in accordance with California
Government Code Section 65858, and shall expire, and the prohibition established
hereby shall terminate, forty-five (45) days after the date of adoption unless extended
by the City Council pursuant to California Government Code Section 65858.
Section 5. The City Council hereby finds that it can be seen with certainty that there is no
possibility that the adoption of this Ordinance, and the zoning provisions established
hereby, may have a significant effect on the environment, because the Ordinance will
impose greater limitations on development in the City, and will thereby serve to
eliminate potentially significant adverse environmental impacts. It is therefore not
subject to the California Environmental Quality Act review pursuant to Title 14,
Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor
and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by
imprisonment for a period not to exceed six (6) months, or by both such fine and
imprisonment. Each and every day such a violation exists shall constitute a separate
and distinct violation of this Ordinance.
Section 7. Civil Remedies. The violation of any of the provisions of this Ordinance hereby
adopted shall constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent injunction, or in any
other manner provided by law for the abatement of such nuisances.
Section 8. Severability. The City Council declares that, should any provision, section, paragraph,
sentence, or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive legislation,
the remaining provisions, sections, paragraphs, sentences and words of this
Ordinance shall remain in full force and effect.
Section 9. The City Clerk shall certify to the adoption of this Ordinance.
Ordinance No. 872 — Page 3 of 4
PASSED, APPROVED, AND ADOPTED this 17th day of December 2014.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Aar
ennis Michael, Ma or
ATTEST:
_ t//. C �,/L/i _I
-nice C. Reynolds, Cif Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing urgency Ordinance was adopted at a Regular
Meeting of the Council of the City of Rancho Cucamonga held on the 17th day of December.
Executed this 18th day of December 2014, at Rancho Cucamonga, California.
a2 �• 410aedd
J ice C. Reynolds, City Clerk
Ordinance No. 872 — Page 4 of 4