HomeMy WebLinkAboutPC 2016-23A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE - PLANNING CASE NO. PL 2015-205.
A. RECITALS
1 There is substantial research that indicates that skillful practice of
massage can provide many health benefits, including relief of pain from
disease, injury and other sources, and that massage can be a valuable
component of a wellness program.
2. In 2008, the California Legislature passed SB 731 which added a new
Chapter 10.5 to the California Business and Professions Code which
provided for the formation of a nonprofit Massage Therapy Organization to
oversee a state -sanctioned program of voluntary certification for massage
practitioners so that such persons could avoid being required to obtain
local massage permits.
3. In compliance with SB 731, the City of Diamond Bar amended Chapter 22
of the Diamond Bar Municipal Code.
4. The changes that the City was required to make in compliance with
SB 731 and the subsequent amendments thereto severely limited the
manner in which the City could regulate - massage establishment
businesses.
5. Prior to SB 731, the City required conditional use permits for massage
establishments and at the time of SB 731's effective date, the City had
four massage establishments.
6. Since the passage of SB 731 the number of massage establishments in
Diamond Bar has grown from four to fifteen, and currently ten massage
establishments are in operation in the City.
7. The proliferation of massage establishments without adequate regulations
has had many negative impacts in the City, including, but not limited to,
the proliferation of illicit businesses and impacts on City services.
8. SB 731 had a sunset date of January 2, 2015.
9. In September 2014, the Legislature adopted AB 1147, amending the laws
enacted by SB 731 and the various amendments thereto.
10. The purpose of AB 1147 was to restore much of the local control and land
use authority to local governments which had been usurped by SB 731
and the various amendments thereto.
11. On January 6, 2015, the City Council adopted Interim Urgency Ordinance
No. 02 (2015), prohibiting the establishment, expansion or relocation of
massage establishments Citywide for a period of 45 days. The urgency
ordinance was subsequently extended 10 months and 15 days on
February 3, 2015, and again for one year on December 1, 2015.
12. The City is presently developing proposed amendments to Title 5 of the
Diamond Bar Municipal Code in order to make changes in its regulation of
massage establishment businesses and the practice of massage
consistent with AB 1147 in order to protect the public.
13. In conjunction with. the proposed amendments to Title 5 pertaining to the
regulation of massage establishments, the City 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.
14. There are no tattoo parlors currently located in the City; however, it is
recognized that the establishment of tattoo parlors in the City has the
potential to result in secondary negative impacts, such as an increase in
crime and the sale of illegal drugs immediately surrounding tattoo parlors
and the impairment of the market values and aesthetic and visual qualities
of the properties adjacent to tattoo parlors. Accordingly, the City also
desires to amend Title 22 of the Diamond Bar Municipal Code to provide
that tattoo parlors shall be a permitted use in the C-3 zoning district. The
C-3 zoning district will afford sufficient opportunities should a tattoo parlor
seek to locate in the City in the future and is an appropriate zoning district
for tattoo parlors to be established in because properties within this zoning
designation are located on major intersections within the City and are near
other service-oriented uses.
15. Pursuant to Government Code Section 65090 and 65353, a notice of at
least 1/8 page display was published in the Inland Valley Daily Tribune
and San Gabriel Valley Tribune newspapers on September 2, 2016, a
copy of the public notice was posted at the City's three designated
community posting sites, and notified the existing establishments by mail.
16. The City has determined that the proposed Development Code
Amendment is not subject to the California Environmental Quality Act
("CEQA") 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
2 PC Resolution No. 2016-23
(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). The proposed
Development Code Amendment merely limits the zoning districts in the
City in which massage establishments and tattoo parlors may be located
and establishes permitting requirements for these uses, but does not
expand the areas in the City in which such uses may be established. The
changes provide the City with the authority to better regulate these
businesses and the regulatory changes will not create any environmental
impact. Therefore no further environmental review is required.
17. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding the proposed Development Code Amendment
reflected in the draft ordinance attached hereto as Exhibit "A" and
incorporated by reference into this Resolution, and duly considered all
public testimony, evidence, and staff analysis.
18. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
19. All legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 This Planning 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 on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. PL 2015-205 by adopting the
amendments to Title 22 of the Diamond Bar Municipal Code described in
the draft ordinance attached hereto as Exhibit "A" and incorporated herein
by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
3 PC Resolution No. 2016-23
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2016 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
nifer'qaqI e, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of September, 2016, by the following vote:
AYES: Commissioners: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
4 DCA PL2015-205
1188992.1
Exhibit "A"
ORDINANCE NO. XX (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 THE PERMISSIBLE
LOCATIONS AND PERMIT REQUIREMENTO TS FOR MASSAGE
ESTABLISHMENTS AND TATTOO PARLORS.
WHEREAS, 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 -XX recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on 1 2016, the City Council held a duly noticed
public hearing regarding the proposed Development Code Amendments; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQX) because it can be seen with eect
ntat the proposed Development Code Amendments will not result in a dor
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 organizatio'nal 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); and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2016 -XX, a copy of which is on file with the City if
Clerk and which is incorporated herein by reference with the same force and effect as
set forth in full.
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 use . s 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 (deletions in stFikethFeugh text;
additions in bold/underline text):
1189993.2
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
7nNiNr, n1.qTR1('.T.q
LAND USE I OeOB(3) CO
SERVICE USES
Personal services excluding
massage establishments and
tattoo arlors
P
P
P
PeFsenal seFViGes AGUpFessure7
massa
(;Ijp /a\
(6)
Cup (6)
Notes:
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 +R -thein 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
(deletions in stF;kethFeug-h text; additions in bold/underline text). -
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
CO1411F12('JA1 /11111 J.qTQ1W 7*11111r,' Y1r1-qTP1r'TQ —
LAND USE
C-1
mill,
52-1�2 -Mair-r-M.
IM
ml
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 +R -thein 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
(deletions in stF;kethFeug-h text; additions in bold/underline text). -
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
CO1411F12('JA1 /11111 J.qTQ1W 7*11111r,' Y1r1-qTP1r'TQ —
LAND USE
C-1
C-2
C-3
See
Standards in
Section:
SERVICE USES
Personal services
5.08.070,
- AGUPFessur,--,
thera
22.42.077
massage F -3-i
tattee paFlefs.
G U P-( 6)
C U p kp&)
C U p kC4
Massage
establishments
Personal
services -
P
Tattoo parlors
I
Notes:
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 (deletions in &tpk_e� text; additions in bold/underline text):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle Spaces Required
Service uses-.
BaFb-e-.r/-b - auty sheps (aPA-et4eF 1 space for each 250 sq. ft. of gross
peFSGRal_s_ePAGe&fFatteo floor area
studies, massage tierapy)
Personal services
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 (deletions instril�ethmwgh text; additions in bold/underline text:
(6) Location/separation requirements. it is I unlawful . to cause or allow the
establishment of an adult arcade, adult bookstore, adultcabaret, adult motel,
adult motion picture theater-, or adult theater-,p4ass_ag-e-� 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" (deletions in &4*,ethfc� text; additions in bold/underline text):
(m) Definitions, W." The following definitions are in alphabetical order:
Massage establishment. A_ business. engaging in..._massa _qe
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:
AGupFessu4:e
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
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.
mll[-*�1111161
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.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Nancy A. Lyons, Mayor
1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of
October 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar