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HomeMy WebLinkAboutOrdinance 1765 (Massage Establishments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1765 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (ZONING ORDINANCE) RELATED TO MASSAGE AND/OR BODYWORK OFFICES OR ESTABLISHMENTS (ZC 01-03)" 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 16th day of ADril, 2001, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 7th day of May, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller WITNESS my hand and the official seal of the City of San Rafael this 8th day of May, 2001 ���� l� (Seal) n ANNE M. LEONCIl 11, City Clerk ORDINANCE NO. 1765 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNCIPAL CODE (ZONING ORDINANCE) RELATED TO MASSAGE AND/OR BODYWORK OFFICES OR ESTABLISHMENTS (ZC 01-03) WHEREAS, on February 20, 2001, the City Council adopted Ordinance No. 1761 enacting new Chapter 8.34 of the San Rafael Municipal Code to regulate offices, establishments and practitioners providing massage and/or bodywork; and WHEREAS, during preparation of new Chapter 8.34, a Massage Ordinance Advisory Committee was appointed to participate in creating regulations that are appropriate and effective to massage and/or bodywork practitioners. The Advisory Committee, which included massage and/or bodywork practitioners, has requested that the City consider expanding where massage and/or bodywork offices or establishments can locate to include the same districts where medical offices and beauty salons are pennitted; and WHEREAS, in February 2001, the City of San Rafael initiated amendments to the San Rafael Zoning Ordinance (Title 14) to delete the existing definition of "massage establishment" and provide definitions consistent with new Chapter 8.34 for "massage and/or bodywork office or establishment," "massage and/or bodywork," and "massage and/or bodywork practitioner," and to allow massage and/or bodywork offices or establishments in the following zoning districts: Fifth/Mission Residential/Office (5/M R/O), Neighborhood Commercial (NC), Office (0), and Residential/Office (R/O); and WHEREAS, the proposed Zoning Ordinance text amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San Rafael Zoning Text Ain endments/Niassage PC Resolution ORIGIWA� ��by Environmental Assessment Procedures Manual under Class 5f., Zoning Ordinance text amendments not involving proposed development plans or commitment of land use or resources which would result in a significant enviromnental impact; and WHEREAS, a notice describing the proposed amendments to the San Rafael Zoning Ordinance was: a) published in a local newspaper of general circulation in the area; and b) mailed to special interest groups; and WHEREAS, on March 27, 2001, the Planning Commission held a public hearing on the proposed Zoning Ordinance text amendments and recommended approval to the City Council; and WHEREAS, on April 16, 2001, the City Council held a public hearing and accepted all oral and written public testimony and the written report of the Community Development Department staff. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Chapter 14, Sections 14.03.030, 14.05.020 and 14.05.022 are amended as presented in Exhibits A and B of this ordinance, based on the following findings: 1. The proposed amendments would be consistent, in principle, with the San Rafael General Plan 2000. Specifically, allowing massage and/or bodywork offices or establishments in the additional zoning districts proposed would expand the area where these offices or establishments could locate thereby expanding local employment opportunities for massage and/or bodywork practitioners. By locating in the same zoning districts that allow medical offices, massage and/or bodywork practitioners would receive referrals from other health care professionals. Also, massage and/or bodywork offices or establishments in the additional zoning districts would provide a local service for people Zoning Text Amendments, Ntassage/PC Resolution who regularly have massage and/or bodywork for stress reduction, relaxation, pain relief and injury rehabilitation. Finally, new Chapter 8.34 establishes a pen -nit process including an application fee for massage and/or bodywork practitioners. As such, allowing massage and/or bodywork offices or establishments in additional zoning districts could result in additional practitioners locating in San Rafael which would benefit the City economically through the permitting process. The proposed text amendments would be consistent with and would not compromise the intent of General Plan policies to improve and upgrade existing commercial areas. Allowing massage and/or bodywork offices or establishments in the additional zoning districts proposed would potentially bring new businesses into existing commercial areas and would help support and encourage the upgrading of those areas. 2. The proposed Zoning Ordinance text amendments would be consistent with the San Rafael Zoning Ordinance (Title 14). The definition of "massage establishment" would be deleted and definitions of "massage and/or bodywork office or establishment," "massage and/or bodywork," and "massage and/or bodywork practitioner," would be provided consistent with new Chapter 8.34 regulating offices, establishments and practitioners providing massage and/or bodywork. Allowing massage and/or bodywork offices or establishments in the Neighborhood Commercial (NC), Office (0), Residential/Office (R/O), and Fifth/Mission Residential Office Districts would be compatible with the purpose and intent of these districts. This includes providing the following: 1) personal services which are convenient to local residents; 2) opportunities for siting a variety of administrative, professional, medical, and general business offices as well as service uses which support offices and serve local employees; 3) residential, office and mixed-use projects; and 4) limited retail and personal service uses which support residential and office uses and which are compatible with such uses. Zoning Text Amendments/tvlassage PC Resolution DIVISION 2. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. l ALBERT J. BO , Mayor ATTEST: _ j JEANNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1765 was read and introduced at a regular meeting of the City Council of the City of San Rafael on April 16, 2001, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councihneinbers: None ABSENT: Councihnembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday, May 7 , 2001. A. ���,.e. _ - JE NNE M. LEONCINI, City Clerk EXHIBIT A: Definitions EXHIBIT B: Tables 14.05.020 and 14.05.022 Zoning Text Amendments Massage PC Resolution EXHIBIT A Lot: A specific area of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a Certificate of Compliance. Lot, corner: A lot bounded on two or adjacent sides by street lines, providing that the angle of intersection does not exceed 135 degrees. Lot, reverse corner: A comer lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot. Lot coverage: That portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; recreational and storage structures; and excluding ground level landscaped areas, walkways, uncovered patios, uncovered recreational areas, and uncovered parking and driveway areas. Lot depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. Lot width: Lot area divided by lot depth. Low income: See "Affordable housing". Lounge, cocktail: See "Cocktail lounge". Manufactured home: A single-family detached structure that is manufactured under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. Marina: A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. Massage and/or bodywork: The skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on, or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. Massage and/or bodywork office or establishment: Any establishment having a fixed place of business, vehicle or vessel, where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions any massage and/or bodywork activities as defined above. Any establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be deemed a massage and/or bodywork office or establishment. Massage and/or bodywork practitioner: Any individual who, for any consideration whatsoever, engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage and/or bodywork office or establishment or acting as an independent contractor or as an owner. Medical marijuana dispensary: A facility where marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215). [7/21/97] EXHIBIT B 14.05.020 Land Use Regulations (GC, NC, O, C/O, R/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed. Additional Type of Land Use GC NC O C/O R/O FBWC* Use Regulations *See 14.05.020(A) Personal service establishments Artistic and photographic studios, without sale of equipment or supplies. Barber shops/beauty salons Dry cleaning establishments, with no on-site processing Dry cleaning establishments, with on-site processing Laundromats (self-service) Massage and/or bodywork offices or establishments Nail salons Seamstress/tailor Shoe repair Travel agencies Recreation facilities (indoors) Bowling alleys Game arcades Health clubs: gyms Pool halls/billiards Theatres Retail Antique stores Apparel stores Appliance stores (and ancillary repair) Art, craft, music and photographic supply stores Auctions Bicycle shops Book, gift, stationery stores Department stores Discount stores Drug stores and pharmacies Electronics sales (televisions, radios, computers, etc.) Florist shops Furniture stores and upholstery shops (and ancillary repair) Gun Shops P P P P P P* P P C *If locating within a space P P P* P P with prior office use, a use permit is required to CZ CZ CZ CZ CZ review traffic intensification. P P P P P P P P P See Municipal Code 8.34 P P P* P P P P P* P P P P P* P P P P P* P P C C C See Municipal Code 10.32 C C See Chapt. 17 standards C C C C C C C C C C C C P P C P P C P P C P P P C P P See Municipal 10.16 P P P C P P P C P P C P P C P P P C C P P C * If locating within a space P P P* P P with prior office use, a Use P P C Permit is required to review traffic intensification. A C See Chapt. 17 standards 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Massage and/or bodywork offices or establishments (12) Nail salons Seamstress tailor Shoe repair Travel agencies Recreation facilities (indoors) Bowling alleys (13) Game arcades (14) Health clubs/gyms Pool halls/billiards Theatres Retail Antique stores Apparel stores Appliance stores (and ancillary repair) Art, craft, music and photographic supply stores Auctions (15) Bicycle shops Book, gift, stationery stores Department stores Discount stores Drug stores and pharmacies Electronics sales (televisions, radios, computers, etc.) Florist shops Furniture stores and upholstery shops (and ancillary repair) P (9) P (9) P (9) P (9) P (9) P (9) P(9) P P P P P P P (4) P P P P P P P (4) P P P P P P P (4) P P P P P P P (4) C C C C C C C C C C C C(4) C C C C C C C C C C P P P P P (4) P P P P P (4) P P P P P (4) P P P P P P P (4) P P P P P (4) P P P P P (4) P P P P P P P (4) P P P P P (4) P P (16) P P (16) P P P (4) P P P P P P P (4) P P P P P P P (4) P P P P P P P (4) P P P P P (4) (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (9) Use allowed only on the rear ground level or second floor or above. (12) See Municipal Code 8.34. (13) See Municipal Code 10.32. (14) See Section 14.17.070 (Game Arcades). (15) See Municipal Code 10.16. (16) Office -support retail only.