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Home My WebLink AboutCD Massage Regulation Zoning Options Reportcrrr of Agenda Item No: 5.c Meeting Date: September 21, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Paul A. Jensen (RB) City Manager Approval: Community Development Director TOPIC: Zoning Options for Regulating Massage Establishments SUBJECT: Presentation on Zoning Options for Regulating Massage Establishments RECOMMENDATION: Accept oral report. BACKGROUND: On January 5, 2015, the City Council adopted Urgency Ordinance No. 1928, enacting a temporary moratorium on the establishment and operation of new massage businesses within the City of San Rafael. The moratorium was enacted in response to recent changes in the State law (AB1147, Massage Therapy Act). In part, the new law established greater land use and zoning powers for local jurisdictions to regulate massage businesses. The temporary moratorium provided an opportunity for the City to pause and study potential land use and zoning provisions for regulating such businesses. The City Council directed the staff to: a) carefully review the State law to determine the potential allowances and limits for local regulation; b) identify and study potential zoning tools, such as but not limited to, Imposing Use Permit control or prohibiting such uses in certain zoning districts; and c) research what regulations have been studied and considered in other California cities. Over the past nine months, staff has conducted research and surveys, and identified six potential zoning tool options. A presentation on the research, the zoning options and staff's recommendation will be provided at the City Council meeting. A more detailed report is not included herein as this presentation was initially envisioned to be provided in a City Council Study Session forum. As there has been direct coordination in this effort with stakeholders such as the Massage Ordinance Advisory Committee (MOAC), it was determined that the staff presentation would be more appropriate during the regular City Council agenda, which will allow for more organized public comment. In addition, it is staff's intent to schedule the current temporary moratorium for City Council review and potential termination at the October 5, 2015 meeting. The staff report for the October 5th meeting will include a written report on the zoning options, along with a status report on the current massage ordinance registration and inspection program. FOR CITY CLERK ONLY File No. q -10-S Council Meeting: (.r___ Disposition: gre- c4gEa SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 COMMUNITY OUTREACH: Throughout the research process, staff periodically met with representatives of MOAC to provide updates and feedback. In addition, staff met with the representative of the San Rafael Downtown Business Improvement District (BID) to present the findings of the zoning research. FISCAL IMPACT: There is no cost associated with the acceptance of this report. A request for staff to return with additional information would result in a combination of internal staff and potential use of consultant services funded by current year appropriations in the Community Development Department general fund budget. OPTIONS: The City Council has the following options to consider on this matter: 1. Accept the oral report. 2. Direct staff to return with more information. RECOMMENDED ACTION: Accept the oral report. ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # tt Date of Meeting: 9/21/2015 From: Paul Jensen Department: Community Development Date: 9/14/2015 Topic: Zoning Options for Regulating Massage Establishments Subject: Presentation n Zoning Options for Regulating Massage Establishments Type: ❑ Resolution ❑ Ordinance ❑ Professional Services Agreement ® Other: APPROVALS ® Finance Director Remarks: Edits completed ® City Attorney Remarks: Approved ® Author, review and accept City Attorney / Finance changes Remarks: Edits accepted and final report completed ❑ City Manager Remarks: