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HomeMy WebLinkAboutORD 07 (2016)ORDINANCE NO. 07(2016) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE 22 OF THE MUNICIPAL CODE PERTAINING TO THE PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND TATTOO PARLORS. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. The City Council desires to amend Title 22 of the Diamond Bar Municipal Code in order to revise the City's regulations pertaining to the permissible locations and permit requirements for massage establishments and tattoo parlors. B. On September 13, 2016, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015-205, and adopted Resolution No. 2016-23 recommending City Council approval of said Development Code Amendments. C. On October 18, 2016, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendments. D. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQK) because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA Guidelines). E. The proposed Development Code Amendment is consistent with multiple objectives and policies in the City of Diamond Bar General Plan. F. The City Council hereby adopts the findings, facts and reasons stated in Planning Commission Resolution No. 2016-23, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. G. All legal prerequisites to the adoption of this Ordinance have occurred. 1 NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in the office professional (OP), office business park (OB), and commercial office (CO) zoning districts and to clarify that all other types of "personal services" land uses are permitted uses in such zoning districts: TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS LAND USE I OP OB(3) CO SERVICE USES Personal services excluding C-3 I See massage establishments and tattoo P P P parlors Standards in SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar Municipal Code is amended as follows to specify that "acupressure," "massage therapy," and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in the neighborhood commercial (C-1), community commercial (C-2), and regional commercial (C-3) zoning districts; that "massage establishments" are a conditionally permitted "personal services" land use in the community commercial (C-2) and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a permitted "personal services" land use in the regional commercial (C-3) zoning district: TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS LAND USE C-1 C-2 C-3 I See Standards in Section: SERVICE USES Personal services - Massage CUP CUP 5.08.070 establishments Personal services — P Tattoo parlors SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as follows: TABLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use Type Vehicle Spaces Required Service Uses: Personal services 1 space for each 250 sq. ft. of gross floor area SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended as follows: (6) Location/separation requirements. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater or adult theater within 500 feet of any other similar adult business, religious institution, school, public park or any property designated for residential use or used for residential purposes. SECTION 5. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add a new definition for "massage establishment' and to revise the definition of "personal services": (m) Definitions, W." The following definitions are in alphabetical order: Massage establishment. A business engaging in massage services pursuant to the provisions set forth in section 5.08.070. (p) Definitions, "P." The following definitions are in alphabetical order: Personal services. Establishments providing nonmedical services to individuals as a primary use, including: Clothing rental Dry cleaning pick-up stores Hair cutting/styling Home electronics repair Laundromats (self-service laundries) Massage I,FRIWrei1� Shoe repair shops K Tailors Tanning salons Tattoo parlors These uses may also include accessory retail sales of products related to the services provided. SECTION 6. Any land use constituting a "massage establishment' as defined in Section 5 of this Ordinance that was legally established and operating with a valid business license pursuant to Title 5 (Business Licensing) of the Diamond, Bar Municipal Code, and all other required City permits or approvals prior to the effective date of this Ordinance, and that is made nonconforming by this Ordinance because no approved Conditional Use Permit for the use exists and/or the use is not located in a zoning district in which such a use is permitted pursuant to the provisions adopted or amended by this Ordinance, shall be considered a nonconforming use subject to the provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22 of the Diamond Bar Municipal Code; provided, however, that all such nonconforming uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code, as amended. SECTION 7. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published once within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of general circulation, published and circulated in the City of Diamond Bar and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02 (2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use permits or business licenses for establishment, expansion, or relocation of massage establishments Citywide, shall be deemed repealed and of no further force and effect. C! APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. N nc A. Lyons,"yor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at the regular meeting of the City Council of the City of Diamond Bar held on the 18th day of October, 2016, and was finally passed and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the istday of November 2016, by the following vote: AYES: Council Member: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None �L Tom ye Cribbins, City Clerk City of Diamond Bar .