Loading...
HomeMy WebLinkAbout16-46 - Resolutions - Recommending Approval Of Municipal Code RESOLUTION NO.16-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2016-00616, REGULATING THE OPERATION OF MASSAGE ESTABLISHMENTS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On December 17, 2014, the City Council approved Interim Ordinance No. 872 at a publicly noticed meeting to conditionally permit new massage establishments in all zones in which the use was then currently permitted by right. Pursuant to State law, Government Code Section 65858, Interim Ordinance No. 872 was effective for a period of 45 days from the date of adoption. 2. On January 21, 2015, pursuant to Government Code Section 65858, the City Council approved Interim Ordinance No. 872 A, which extended Ordinance No. 872 for up to 22 months, 15 days, allowing the City additional time to study the possible changes to its massage regulations. The land use changes included in the interim ordinance will expire on December 6, 2016. 3. The City of Rancho Cucamonga has filed an application for Municipal Code Amendment No. DRC2016-00616, as described in the title of this Resolution which is based on research of massage regulations in other cities across the state as well as the experience derived from inspections performed by the City's massage task force. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the amendment." 4. On August 10, 2016, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the above-referenced public hearing, including all written and oral evidence presented, this Commission hereby finds the amendment is consistent with the general plan goals, policies, and implementation programs because it will provide for the orderly development and operation of massage establishments in a manner that is compatible with surrounding land uses. 3. The Planning Department Staff has determined that the project is amendment exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061(b)(3) of CEQA which is the general rule that CEQA applies only to projects which have the potential for causing a significant PLANNING COMMISSION RESOLUTION NO. 16-46 DRC2016-00616 - CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AMENDMENT— MASSAGE REGULATIONS AUGUST 10, 2016 Page 2 effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment because the amendment will not expand the number or types of zoning districts in which massage establishments will be allowed to operate in the City. Therefore, there is no possibility that this Ordinance may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends approval of Development Code Amendment No. DRiC2016-00616 as outlined below. Table 17.30.030-1 shall be amended as follows: TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Ube/Zoning zwp "z tvi C 9 'strict Retail, ervice`and ©fl�ice Uses Massage NNNNNNPPPPPPPPNNNNNNNN Establishmento2) Massage Establishment, NNNNNN PPPPPPPPPP NNNNNN Ancillary(12) (12) Massage establishment permit required. See additional regulations for massage establishments in Chapter 5.18. Section 17.32.020 shall be amended as follows Section 17.32.020 Allowed Use Descriptions E. Retail, Service, and Office Uses. 35. Massage Establishment. Any establishment whose primary function is to provide massage services to customers and where all massage therapists and practitioners are certified by the California Massage Therapy Council. 36. Massage Establishment, Ancillary. Any establishment where customers can receive massage services where the gross floor area of the business dedicated to massage services is less than 10% of the gross floor area and where all massage therapists and practitioners are certified by the California Massage Therapy Council. Section 17.020.080 shall be deleted in its entirety. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 16-46 DRC2016-00616 - CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AMENDMENT— MASSAGE REGULATIONS AUGUST 10, 2016 Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST, 2016. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: - Francisco Oaxaca, Chairman ATTEST: Cand041:6kAAA-di urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of August 2016, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE