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HomeMy WebLinkAboutOrdinance 1935 (Terminating Massage Moratorium; Urgency)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing: ORDINANCE NO. 1935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE TERMINATING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF SAN RAFAEL is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 5`h day of October, 2015; and passed and adopted as an Urgency Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 5th day of October, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 25`h day of April, 2016 ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTED AS AN URGENCY MEASURE TERMINATING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF SAN RAFAEL THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, DOES ORDAIN AS FOLLOWS: WHEREAS, the City Council has broad discretion pursuant to Article III, Sections 16 and 59 of the City Charter; California Constitution Article XI, Section 5; and the general law of the state, including but not limited to the California Planning and Zoning Law (Gov. Code §§65000 et seq.), to legislate for public purposes and for the general welfare, including but not limited to matters of public health and safety; and WHEREAS, since the 1970's, California Government Code section 51030 has authorized California cities and counties to adopt ordinances to regulate the business of massage through a licensing process, and pursuant to such authority, the City of San Rafael historically has imposed various regulations on massage and/or bodywork offices or establishments (hereafter "massage establishments") operating within the City. Those regulations are currently codified as Chapter 10.90 of the San Rafael Municipal Code entitled "Massage Therapy"; and WHEREAS, in 2008 the State Legislature adopted Senate Bill 731, the Massage Therapy Act, establishing a new statutory scheme for a voluntary certification program for massage professionals that would entitle them to rely on a uniform statewide set of occupational regulations and that would, for massage establishments where all the massage practitioners are so certified, prohibit cities from imposing special zoning and land use requirements not applicable to other personal and professional services; and WHEREAS, since 2010, the City has been regulating massage professionals and massage establishments in compliance with the Massage Therapy Act, but has nevertheless continued to receive complaints from members of the public about the growth in the number of massage establishments within the City, including complaints of their over -concentration and adverse impacts in the Downtown area; and WHEREAS, Assembly Bill 1147, which became effective on January 1, 2015, amended the Massage Therapy Act to restore to cities the authority to use their land use powers to regulate massage establishments differently than other personal or professional services establishments located within their jurisdictions; and WHEREAS, with the restoration of the City's ability to regulate massage establishments through its zoning powers, the City Council determined on January 5, 2015 that it was timely and important for City staff to undertake a comprehensive study of the City's massage establishment 1 regulations, and the City's options for improving the effectiveness of those regulations through new or modified zoning regulations; and by a four-fifths (4/5) affirmative vote of its members pursuant to Government Code section 65858, adopted Ordinance No. 1928, a 45 -day moratorium on the establishment of new massage establishments within the City. The Council adopted the moratorium to allow City Staff to undertake a comprehensive study to: (1) determine the number and location of existing massage establishments within the City; (2) review and analyze the provisions of the Zoning Ordinance and other laws and regulations applicable to massage establishments; (3) study and research options for alternative land use regulations; and (4) draft any recommended new or amended land use regulations governing massage establishments for consideration by the City Council; and WHEREAS, on February 17, 2015, the City Council found that, despite testimony from massage establishment owners and practitioners the temporary moratorium was imposing a substantial burden on their ability to practice their profession in San Rafael, additional time was required for City staff to thoroughly study the issues related to regulation of massage establishments and to draft any appropriate amendments to the City's Municipal Code for consideration by the City Council, and the Council therefore adopted Ordinance No. 1929, extending the temporary moratorium adopted in Ordinance No. 1928 through December 31, 2015; and WHEREAS, City staff has now completed the comprehensive study of possible changes to the City's Municipal Code as required under Ordinance Nos. 1928 and 1929, and has recommended to the City Council that no changes be made to the City's Zoning Ordinance or other land use regulations; and WHEREAS, City staff has recommended that the temporary moratorium imposed by Ordinance No. 1928 and extended by Ordinance No. 1929 be terminated as an urgency measure, in order to eliminate immediately any burdens imposed by that moratorium on persons wishing to practice massage therapy in San Rafael; and WHEREAS, the City Council hereby finds that this ordinance effects a minor alteration to land use limitations and adoption of the ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15305 of Title 14 of the California Code of Regulations. NOW, THEREFORE, the City Council of the City of San Rafael does hereby ordain as follows: DIVISION 1. FINDINGS. Pursuant to the provisions of Government code section 65858, the City Council of the City of San Rafael hereby finds as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2 2. Based on the recitals above, the City Council hereby finds and determines that the immediate termination of the temporary moratorium on the establishment and operation of new massage establishments in San Rafael, adopted by Ordinance No. 1928 and extended by Ordinance No. 1929, is appropriate and necessary. 3. This ordinance is necessary as an urgency measure to preserve the public peace, health or safety. DIVISION 2. TERMINATION OF MORATORIUM. The temporary moratorium adopted by City of San Rafael Ordinance No. 1928 and extended by City of San Rafael Ordinance No. 1929, is hereby terminated, effective immediately upon adoption of this Ordinance. DIVISION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases are declared invalid. DIVISION 5. EFFECTIVE DATE. This ordinance is hereby declared to be an urgency measure and shall become effective immediately upon adoption by an affirmative vote of at least four-fifths (4/5) of the members of the City Council pursuant to Government Code section 65858. The City Clerk is directed to publish forthwith a copy of this Ordinance, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. I GA4) O. PHILLIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, certify that the foregoing Ordinance was passed by the City Council of the.City of San Rafael, California, by a vote of at least four-fifths (4/5) of the members thereof, at a regular meeting held on Monday, the 5th day of October, 2015, by the following vote, to wit: 3 AYES: NOES ABSENT: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips Councilmembers: None Councilmembers: None ESTHER C. BEIRNE, City Clerk