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HomeMy WebLinkAbout2015-05-27 e-packet PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RICHARD A. GARBARINO Mayor MARK ADDIEGO Vice Mayor KARYL MATSUMOTO Councilwoman PRADEEP GUPTA Councilman LIZA NORMANDY Councilwoman FRANK RISSO City Treasurer KRISTA MARTINELLI City Clerk MIKE FUTRELL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COUNCIL CHAMBERS 33 ARROYO DRIVE SOUTH SAN FRANCISCO, CA WEDNESDAY, MAY 27, 2015 7:00 P.M. REGULAR CITY COUNCIL MEETING MAY 27, 2015 AGENDA PAGE 2 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PRESENTATIONS  Presentation by the San Mateo County Elections Office regarding AB 2028 (Mullin) All- Mailed Ballot Elections Pilot in San Mateo County for the November 2015 Election. PUBLIC COMMENTS For those wishing to address the City Council on any Agenda or non-agendized item, please complete a Speaker Card located at the entrance to the Council Chamber’s and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR 1. Motion approving the Minutes of meetings of May 12, 2015 and May 13, 2015. 2. Motion confirming payment registers for May 27, 2015. 3. Motion to accept the Police Department Electronic Video Security Camera System as complete in accordance with the plans and specifications (Total Project Cost $112,841.36). (Jeff Azzopardi, Police Chief). 4. Resolution approving the Memorandum of Understanding for the South San Francisco Police Association Unit, Dated July 1, 2014 Through June 30, 2017. (LaTanya Bellow, Human Resources Director). ADMINISTRATIVE BUSINESS 5. Resolution authorizing the City Manager to execute Plan Review and Inspection Services Agreements with 1) CSG Consultants Inc. in the amount of $240,000 and 2) West Coast Code Consultants Inc. in the amount of $240,000. (Alex Greenwood, ECD Director). REGULAR CITY COUNCIL MEETING MAY 27, 2015 AGENDA PAGE 3 6. Resolution confirming South San Francisco Scavenger Company Rate Increase for Fiscal Year 2015-16. (Richard Lee, Finance Director). 7. Study Session: Parking Issues, City-wide. (Jeff Azzopardi, Police Chief and Brian McMinn, Public Works Director). PUBLIC HEARING 8. Ordinance Regarding Massage Establishments City of South San Francisco-Owner/Applicant Citywide P07-0136:ZA15-0003 Zoning Text Amendments to modify regulations related to Massage Establishment uses, citywide, ("Amendments to Zoning Ordinance and Map") and a determination that no further environmental review under CEQA is required, in accordance with South San Francisco Municipal Code Chapters 20.460 and 20.550, and related revisions to Chapter 10.16 (“Regulation for Massage Parlors and Massage Services”) of the South San Francisco Municipal Code pertaining to the operational requirements of Massage Establishments. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT DATE: TO: FROM: SUBJECT: May 27, 2015 Mayor, Vice-Mayor and Councilmembers Jeff Azzopardi, Chief of Police MOTION TO ACCEPT THE POLICE DEPARTMENT ELECTRONIC VIDEO SECURITY CAMERA SYSTEM AS COMPLETE IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS (TOTAL PROJECT COST $112,841.36) RECOMMENDATION It is recommended that the City Council, by motion, accept the Police Department Electronic Security Camera System (Project No. PF1409) as complete in accordance with the plans and specifications. (Total project cost $112,841.36) BACKGROUND/DISCUSSION The Police Department facility is a twenty-four hours per day , seven days per week (24/7) mission- critical operation exposed to significant external security threats ranging from minor acts of vandalism to terrorist attack. Additionally, the importance of assuring employee performance and adherence to professional standards is a key element in managing the City's exposure to risk. It is also critical to effective law enforcement. The existing video camera system was outdated, in need of upgrades , and was not adequate to support this business requirement. The project was awarded on 07-07-13 to VAS Security of Hayward, California and construction was completed on 02-23-15. FUNDING Funding for the project was included in the City of South San Francisco 's 2013-2014 Capital Improvement Program (CIP/PF1409). The total construction cost incurred to date is summarized as follows: Budgeted Actual VAS Security Contract $ 104,223 .69 $ 102 ,998 .69 Construction Contingency ( 10%) _$.::..___1 0'--'-,_77_6:.._.3:.._1 __ _.:.$ __ 8-"--,6-1_7--=.6-7 ____ _ Total Construction Cost $ 115,000.00 $ 112,841.36 Staff Report Subject: Page 2 of2 MOTION TO ACCEPT THE POLICE DEPARTMENT ELECTRONIC VIDEO SECURITY CAMERA SYSTEM AS COMPLETE IN ACCORDANCE WITH THE PLANS AND SPECJFICA TIONS (TOTAL PROJECT COST $112,841.36) There were four change orders during the project for : installation of conduit in the police garage, installation of required brackets and switching equipment, installation of one additional camera, and installation of improved audio microphones. The conduit, brackets, and switching equipment were unanticipated additional hardware items that were required to complete the camera and infrastructure installation. Staff had planned on using existing conduits and brackets; however, they did not always fit with the new equipment. The additional camera was to provide coverage for an unanticipated area necessary for the security of the MSB building parking garage. Without the additional camera, the face of any drivers entering the MSB garage would not be visible due to background glare. The improved audio microphones were needed for police interview rooms because the new ceiling-mounted cameras that came with built-in microphones were not of sufficient audio quality to pick-up and record conversations . CONCLUSION The project was inspected by City staff and completed in accordance with the plans and specifications. Staff recommends acceptance of the project as complete . A Notice of Completion will be filed with the County of San Mateo Recorder's office. Accordingly, the 5% retention funds will be released to VAS Security. By: ~~1~ ee/ Jeff Azzopardi Chief of Police Staff Report Subject: Massage Establishments -Municipal Code Revisions Date: May 27,2015 Page 2 of7 local ordinances that govern zoning, business licensing, and reasonable health and safety requirements for massage businesses. However, AB 1147 still limits local governments' authority to regulate massage in a number of ways. For instance, local governments cannot define or regulate a massage business as adult entertainment, prohibit a massage establishment from locking its doors if individually-owned, or require individual CAMTC-certified massag e therapists to obtain additional licenses or submit to additional background checks. Since the passage of AB 1147, jurisdictions throughout the state have been updating their massage ordinances to reflect the new requirements and to ensure that massage establishments are properly regulated. San Mateo County adopted a new massage ordinance to comply with the changes under AB 1147. After passing its ordinance, the County decided to coordinate a County-wide effort to create unifonn massage regulation. To that end, the County drafted a model massage ordinance ("Model Ordinance") based on the County ordinance, but tailored to cities. The City Attorney's Office has analyzed the Model Ordinance and has spoken with the County Counsel's Office and is satisfied that the Model Ordinance complies with the requirements ofAB 1147. Further, staff has made slight modifications to the Model Ordinance to account for the City's individual needs and circumstances. In consideration of the authority and requirements under AB 1147, staff has prepared revisions to two Titles of the South San Francisco Municipal Code: Title 10 "Public Peace, Morals and Safety", which regulates the operation of massage businesses broadly, and Title 20 "Zoning", which imposes land use controls on massage businesses. The recommended revisions to Title 10 "Public Peace, Morals and Safety" consist of repealing the existing Chapter 10.16 "Regulations for Massage Parlors and Massage Services" and adopting the Model Ordinance.· All recommended changes to the South San Francisco Municipal Code regarding massage are being presented to the City Council simultaneously, so that there will be comprehensive and unified changes to massage business regulations in the City. The proposed Amendments to the zoning ordinance are scheduled to be reviewed by the Planning Commission at its May 21,2015 public hearing. Because the proposed revisions to Chapter 10.16 are not within the review authority of the Planning Commission, those provisions were provided to the Planning Commission for infonnational purposes only. Both the Amendments to the zoning ordinance and the proposed revisions to Chapter 10.16 are being presented to the City Council for consideration as part of this proposed Ordinance. Current Chapter 10.16 Regulations and Assessment As stated above, certain provisions of the current Chapter 10.16 are not enforceable as written. Consequently, some of the requirements that are listed in this section that reflect the current Chapter 10.16 either cannot be enforced or may only be enforced on a limited basis. Chapter 10.16 provides the Chief of Police with the authority to regulate massage establishment uses and details the procedural, operational, and inspection requirements to operate massage establishment uses in the City. Sections 10.16.030, 10.16.070, 10.16.130, and 10.16.140 outline the procedural requirements for massage establishments to operate in the City. All massage establishment uses must first obtain a Conditional Use Permit pursuant to Section 20.350.032(C)(2) of the Zoning Ordinance. Once Conditional Use Permit approval has been granted, a massage establishment must apply to obtain a "Massage Service Permit", which includes providing fingerprints for identification purposes and authorizing the Police Department to Staff Report Subject: Massage Establishments -Municipal Code Revisions Date: May 27,2015 Page 3 of7 perfonn a background investigation. AB 1147 prohibits local jurisdictions from obtaining background checks on CAMTC-certified individuals. All massage practitioners in the massage establishment must apply for and obtain a "Massage Practitioner Pennit", which entails submitting a fee, undergoing a background investigation, providing proof of training and education, and completion of a written test and practical examination. AB 1147 prohibits local jurisdictions from requiring CAMTC-certified individuals to obtain individual licenses or pennits. Operational requirements in Section 10.16.080 include displaying valid permits issued by the Police Department; limiting massage services between the hours of 7:00 a.m . to 10:30 p.m.; posting the costs of massage services within an open public place; providing records of each service; cleaning and disinfecting towels, linens, and coverings; and' requiring clean, nontransparent outer garments to be worn by all employees. Section 10.16.100 grants officials, including health officers for the County of San Mateo, the right to conduct periodic inspections of massage establishments during business hours. Such inspections are to ensure that the massage establishment is in compliance with all applicable regulations. After the passage of SB 731 and AB 619, the City could no longer require CAMTC-certified massage therapists to obtain massage establishment permits under SSFMC Section 10.16.030 or conditional use pennits pursuant to Section 20.350.032 nor require CAMTC-certified massage therapists to obtain massage practitioner permits under SSFMC Section 10.16.130. AB 1147 restored some of these powers; namely, local jurisdictions may now require all Massage Businesses (including CAMTC-certified businesses) to obtain establishment pennits and conditional use permits. However, AB 1147 maintained certain limitations, such as prohibiting local jurisdictions from conducting background checks on C AMTC- certified individuals and prohibiting local jurisdictions from requiring massage practitioners to obtain individual permits. The following .revisions pursuant to the Model Ordinance reflect the restored authority and attendant limitations under AB 1147. Proposed Revisions to · Chapter 10.16 The recommended revisions to Chapter 10.16 of the South San Francisco Municipal Code refine and update the procedural, operational, and inspection requirements and enforcement provisions in accordance with AB 1147. Below is a list of the major features of the revised Chapter 10.16: 1. All massage practitioners performing massage therapy in the City must be CAMTC-certified. 2. All Massage Businesses must apply for and obtain a Massage Business Registration Certificate from the Chief of Police. 3. Massage Businesses will be subject to additional facilities and operational requirements, including, but not limited to, massages may only take place between the hours of 7:00 am and 9:00 pm, all massage practitioners must wear their CAMTC certification on their person during working hours and premises must provide unobstructed visibility into reception areas during business hours. 4. Consistent with AB 1147 and the previous Chapter 10.16, certain categories of individuals are exempt from regulation as Massage Businesses. 5. Massage Businesses must notify the Chief of Police with 96 hours if any employees or owners of the Massage Business have been arrested for an offense beyond a traffic violation. Staff Report Subject: Massage Establishments -Municipal Code Revisions Date: May 27,2015 Page 4 of7 6. Massage Business Registration Certificates may be suspended or revoked upon a finding that there has been a violation of state, local or federal law on the premises and another Registration Certificate may not be issued for that location for a full year. Under revised Section 10.16.030, al l individuals, whether sole proprietors or employees of massage businesses, must be CAMTC certified in order to practice massage therapy in the City. Furthermore, massage businesses must possess a valid "Massage Business Registration Certificate" ("Registration Certificate") issued by the City. Massage Businesses must apply for and be issued a Registration Certificate by the Chief of Police in order to operate in the City. If an owner of a massage business is not a CAMTC certified massage practitioner, the applicant will be subject to a background check by the Police Department. The results of the background check will be one of the factors considered when deciding whether or not to issue a Massage Registration Certificate. AB 1147 allows local jurisdictions to issue massage business permits, such as the Registration Certificate, but it prohibits local jurisdictions from requiring individual CAMTC·certified therapists to obtain additional permits. Consequently, the "Massage Practitioner Permit" requirements under Chapter 10.16.130 have been eliminated. Section 10.16.050 outlines the revised operating requirements for Massage Businesses. Such operational requirements include: (a) limiting business hours from 7:00 a.m.to 9:00 p.m., with massage services terminating no later than 9:00 p.m.; (b) requiring that employees wear and display their CAMTC certification during working hours; ( c) displaying a copy of practitioners' CAMTC certificates in the reception area of the massage business; (d) keeping entry doors unlocked during business hours if the business has staff available to assure security of the premises; and (e) maintaining unobstructed visibility into the interior reception area during business hours. As for inspection and enforcement, the revisions include allowing Code Enforcement, Planning, and Building staff to periodically conduct compliance inspections of Massage Businesses during business hours. Enforcement of the, operating requirements will be performed by Code Enforcement Officers, with any assistance needed from of the Police Department. Those inspections will consist of periodic inspections of the premises during regular business hours in order to confinn the business is in compliance with all of the listed regulations. Consistent with AB 1147 and the previous Chapter 10.16, certain categories of professionals are exempt from regulation as Massage Businesses. Reyised Section 10.16.080 outlines the exemptions. Examples of exempt professionals include certain licensed health care professionals, barbers and beauticians, hospitals and nursing homes, to name a few. Section 10.16.060 of the proposed revisions require massage businesses to notify the Chief of Police or his or her designee within 96 hours of the occurrence of any of the following incidents: (1) arrests of any employees or owners for an offense other than a traffic offense, (2) resignations, terminations or transfers of practitioners employed by the Massage Business, (3) any event involving the Massage Business or the massage practitioners employed by the business that constitutes a violation of the Ordinance or state or federal law . Pursuant to the new Section 10.16.100, upon a finding of violations of any provision of Chapter 10.16, the Chief of Police may issue an administrative fine of up to $500, with each violation constituting a separate Staff Report Subject: Massage Establishments -Municipal Code Revisions Date: May 27,2015 Page 5 of7 violation. Further, under the new Section 10.16.110, the Chief of Police may suspend or revoke a Registration Certificate upon fmding that (1) the massage practitioners are no longer in possession of valid CAMTC-certification, (2) that the owner is required to register as a sex offender or is convicted of a prostitution-related offense, (3) that there has been a material misrepresentation on the application for the Registration Certificate~ or (4) that there were violations on the massage premises of any local, state, or federal law. If a Registration Certificate is suspended or revoked, the Massage Business must cease operations. Further, another Massage Business may not operate at the same location during the suspension or within one year of the revocation. Under the new Section 10. 16.100(d), Massage Businesses may appeal the imposition of administrative fines to the City Manager. Suspensions or revocations of Registration Certificates may be appealed to the San Mateo County License Board upon payment of a $1,000 filing fee pursuant to new Section 1O.16.11O(e). The provisions of the proposed Chapter 10.16, including the new operational requirements and the Registration Certificate process, will apply to both new and existing Massage Businesses. Current Title 20 "Zoning" Regulations and Assessment "Massage Businesses" referenced in AB 1147 are currently characterized as "Massage Establishments" under Section 20.620.004 of the Zoning Ordinance. A "Massage Establishment" is defined as a "fixed place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for consideration or compensation, massages, baths or health treatments involving massages or baths as regular functions" (SSFMC Section 20.620.004). State-licensed massage therapists operating in conjunction with physicians, surgeons, chiropractors, osteopaths, nurses, or physical therapists and state- certified out-service massage therapists are excluded from the "Massage Establishments" definition. "Massage Establishments" are a sub-classification of the "Personal Service" commercial use classification, consistent with SB 731 as discussed in the background section. The current zoning ordinance states that "Massage Establishments" are conditionally permitted in the commercial, downtown, and employment districts of the City. However, under the provisions of SB 731, cities are not permitted to treat any CAMTC-certified massage establishment differently than other personal services. The City does not require conditional use permits for all personal services. Consequently, after SB 731, despite the language of SSFMC Section 20.350.032, the City could not require massage establishments run by CAMTC-certified therapists to obtain conditional use permits. Proposed Revisions to Title 20 "Zoning" Regulations and Assessment AB 1147 expands local jurisdictions' zoning control over massage establishments and permits cities to regulate massage businesses differently than other businesses even if they are CAMTC-certified. In light of these expanded powers, the proposed zoning amendments make the following changes: 1. Change the name "Massage Establishments" to "Massage Businesses" 2. Introduce a new definition for "Massage Business" that is consistent with the proposed changes to Chapter 10.16 3. Eliminate "Massage Establishments" from the Personal Services definition Staff Report Subject: Massage Establishments -Municipal Code Revisions Date: May 27,2015 Page 6 of7 4. Establish separate use classification for "Massage Business" and establish additional development standards for "Massage Business" uses. 5. Modify where "Massage Business" may be located throughout the City and require all "Massage Businesses" to obtain either a Minor Use or a Conditional Use Permit The proposed zoning amendments are attached. Benefits of the Municipal Code and Zoning Ordinance Amendments As described above, the proposed revisions to Chapter 10.16 will help protect the health, safety and welfare of the citizens of South San Francisco while ensuring the regulation of Massage Business is performed consistently by providing for the orderly regulation of businesses providing massage therapy services, discouraging prostitution and related illegal activities, and establishing sanitation, health, and operational standards for Massage Businesses. The purpose of the proposed zoning text amendments is to enable the City to ensure that Massage Business uses are in context with surrounding areas, protect legitimate business owners and massage professionals, readily identify certified massage professionals, and prevent the proliferation and overconcentration of Massage Business uses thi-oughout the City. Moreover, the zoning text amendments would limit the location of Massage Businesses to specified zoning districts and require, at minimum, Minor Use Permit approval, which ensures that Massage Businesses are appropriately conditioned to minimize or eliminate any negative impacts associated with such uses. Although existing "Massage Businesses" in zoning districts that would not pennit such uses would remain legal, non-conforming uses, these uses could not expand. Finally, the zoning text amendments related to Massage Businesses would accomplish the aims of AB 1147, namely to exercise the authority to regulate Massage Businesses at the local level in the best interests of the community. PLANNING COMMISSION The Planning Commission considered revisions to Title 20 of the Zoning Ordinance at its May 21, 2015 public hearing and recommended approval to the City Council. GENERAL PLAN CONSISTENCY Any change to the Zoning Ordinance must be consistent with the General Plan and any applicable specific plans. In this case, the proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant specific plans, and is consistent with the City's overall vision for community development, economic vitality, and prevention of an overconcentration of "Massage Businesses" that could contribute to blight as set forth in the General Plan. None of the new or revised use definitions and development standards will conflict with or impede achieyement of any of the goals, policies, or land use designations established in the General Plan. ENVIRONMENTAL DETERMINATION ORDINANCE NO. __ _ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE REPEALING AND REPLACING CHAPTER 10.16 (REGULATIONS FOR MASSAGE PARLORS AND MASSAGE SERVICES) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND MAKING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE RELATED TO MASSAGE BUSINESS USES CITYWIDE WHEREAS, in July of 2010, the City Council for the City of South San Francisco ("City") adopted a comprehensive update to the City's zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code ("Zoning Ordinance"), and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and refonnatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance Update in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City's Chapter 20 regulating Massage Business uses Cit ywide, as further set forth in the Ordinance; and WHEREAS, the City's Regulations for Massage Parlor and Massage Services Ordinance ("Massage Ordinance") in Chapter 10.16 also require revisions to remain consistent with the proposed changes to the Zoning Ordinance; and WHEREAS, the changes to the Massage Ordinance would be consistent with the model ordinance for San Mateo County that has been jointly developed for implementation; and WHEREAS, the City Council has expressed concern about the potential impact(s) that certain Massage Business uses might have on the City; and WHEREAS, the California State Legislature has passed Assembly Bill 1147, which restores local land use authority to regulate Massage Business uses while retaining the State's authority in certifying massage professionals and approving massage schools; and WHEREAS, overconcentration of Massage Business uses can contribute to blight and prevent high quality development and economic activity throughout the City; and WHEREAS, the City Council now desires to amend the City's land use regulations applicable to Massage Business uses and the Massage Ordinance administered by the City; and -1- WHEREAS, City staff has since reviewed Chapter 10.16 and Chapter 20 and prepared revisions to the City's Zoning Ordinance ("Zoning Text Amendment") as well as a new Chapter 10.16 to replace the Massage Ordinance; and WHEREAS, the new Massage Ordinance establishes reasonable regulations and standards for the operation of massage businesses consistent with the model ordinance created by San Mateo County for cities; and WHEREAS, the Zoning Amendment renames "M'assage Establishments" as "Massage Businesses" and revises definitions and regulations for Massage Business uses within the City's Zoning Code; and WHEREAS, the Zoning Amendment limits the zoning districts where Massage Businesses may locate, and strengthens the performance standards for these uses; and WHEREAS" the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an InitialStudylNegative Declaration ("I SIND"} in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), which ISIND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, the refinements, clarifications, and/or corrections set forth in this Zoning Amendment, as they relate to Massage Business uses Citywide, ,are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the ISIND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: -2- SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1. The foregoing recitals are true and correct and made a part ofthis Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA"» and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Enviromnental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on May 21, 2015; all reports, minutes, and public testimony submitted as part ofthe City Council's duly noticed meeting on May 25, 2015; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple A venue, South San Francisco, CA 94080, and in the custody of Director of Economic and Community Development, Alex Greenwood. B. Zoning Amendment Findings 1. The propos,ed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant specific plans, and is consistent with the City's overall vision for community development, economic vitality, and protection of the City without an overconcentration of Massage Business uses that could contribute to blight as set forth in the General Plan. None of the new or revised use definitions and modifications to allowable land use tables will conflict with or impede achievement of any of the goals, policies, or land use designations establis~ed in the General Plan. 2. The Zoning Amendment to rename ''Massage Establishments" as "Massage Businesses", add a "Massage Business" definition, and limit locations for massage businesses would protect future land uses in the applicable zoning districts but would not affect any particular subject property. The zoning districts where massage businesses are conditionally permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program with appropriate performance -3- standards to prevent an overconcentration of Massage Business uses. 3. The proposed change in permitted or conditionally pennitted uses in certain zoning districts will not be detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment will strengthen performance standards for Massage Businesses that pertain to overconcentration and safety. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in strikeout indicating deletion and double underline indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 1. Repeal Chapter 10.16 ("Regulation of Massage Parlors and Massage Services") and Replace Chapter 10.16 with new text modified from the San Mateo County Model Ordinance, as follows: Chapter 1 0.16 REGULATION OF MASSAGE BUSINESSES 10.16.010 PURPOSE AND INTENT. Ca) In enacting this chapter. the City Council recognizes that commercial massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services. The City Council further recognizes that. unless properly regulated. the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. Accordingly. it is the purpose and intent of this chapter to protect the public health. safety. and welfare by providing for the orderly regulation of businesses providing massage therapy services. discouraging prostitution and related illegal activities carried on under the guise of massage therapy. and establishing certain sanitation. health. and operational standards for massage businesses. (b) Furthermore. it is the purpose and intent of this chapter to address the negative impacts identified in the City Council's findings to reduce or prevent neighborhood blight and to protect and preserye the quality of City neighborhoods and commercial districts: and to enhance enforcement of criminal statutes relating to the conduct of operators and employees of massage businesses. Cd It is the Council's further purpose and intent to rely upon the unifoon statewide regulations applicable to massage practitioners and establishments that were enacted by the State Legislature in 2008 as Business and Professions Code sections 4600 et seq. by Senate Bill 731. and amended in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147. to restrict the COmmercial practice of massage in the City to those persons duly certified to practice by the California Massage Therapy Council. and to provide for the registration and regulation of massage businesses for health and safety purposes to the extent allowed by law. 10.16.020 DEFINITIONS. ·For the purposes of this chapter. unless the particular provision or the context otherwise clearly requires. the definitions in this section shall govern the construction. meaning. and application of words and phrases used in this chapter: -4- (a) "Business" includes. but not by way of limitation. everything about which a person can be employed. and means that which occupies the time. attention. and labor of men and women for the pumose of producing a livelihood or profit. and connotes the efforts of men and women by varied and diverse methods of dealing with each other. to improve their individual economic conditions. and for the purposes of this chapter shall include. without limitation. the advertising and soliciting of massages. The term ''business'' includes. but is not limited to. a massage practitioner who is the sole owner. operator and employee of a massage business operating as a sole proprietorship. as well as a massage establishment which employs massage practitioners and therapists. (b) "California Massage Therapy Council" or "CAMTC" means the Massage Therapy Organization formed pursuant to Business and Professions Code section 4600.5. (c) "Certified Massage Practitioner" meanS any indjvidual certified by the California Massage Therapy Council as a Certified Massage Therapist or as a Certified Massage Practitioner pursuant to California Business and Professions Code sections 4600 et seq. (d) "City" shall mean the City of South San Francisco (e) "City Manager" shall mean the City Manager of the City of South San Francisco or his or her desi gnee (D "Client" means the customer or patron who pays for or receives massage services. (g) "Compensation" means the payment. loan. advance. donation. contribution. deposit. exchange. or gift of money or anything ofvalue. (h) "Massage Registration Certificate" means a registration certificate issued by the Chief of Police upon submission of satisfactory evidence that a massage business satisfies all necessary provisions of this Chapter. including employs or uses only certified massage practitioners and the massage business has obtained the necessarv zoning approvals pursuant to Title 20 of this Code and such approvals have been verified by the Planning Department. (i) "Chief of Police" meanS the Chief of Police for the City of South San Francisco and his or her authorized representatives or designees. CD "Employee" means any person employed by a massage business who may render any service to the business. and who receives any fonn of compensation from the business. (19 "Enforcement Officials" means the investigating and enforcing officials of the City of South San Francisco. including but not limited to the Police. Code Enforcement. Health Officer and Director of Building and Planning. or their designees and San Mateo County Health officials or their representatives or designees. (1) "Fire Department" means the Fire Department for the City of South San Francisco . (m) "Health Officer" means a health inspector of the San Mateo County Department of Health or his or her representative or designee and/or a person appointed by the City of South San Francisco pursuant to the California Health and Safety Code or his or her authorized representatives or designees to conduct health and safety inspections. (n) "Ucense Board" meanS the License Board of the County of San Mateo as it is defined and constituted in Chapter 5.04 of the San Mateo County Code. (0) "Massage" or ''massage therapy," means and refers to any method of treating the . external parts of the body for remedial. health. or hygienic purposes for any form of compensation by means of pressure on or friction against. or stroking. kneading. rubbing. tapping. pounding, or stimulating the external parts of the body. with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementarv aids. such as -5- rubbing alcohoL liniments. antiseptics. oils. powders. creams. lotions. ointments. or other similar preparations commonly used in this practice: or by baths. including but not limited to Turkish. Russian. Swedish. Japanese. vapor. shower. electric tub. sponge. mineraL fomentation. or any other type of bath. (P) "Massage business" means any business that offers massage therapy in exchange for compensation. whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities -including. but not limited to. showers. baths. wet and dry heat rooms. pools and hot tubs :-shall be deemed a massage business under this chapter. The term "massage business" includes a Certified Massage Practitioner who is the sole owner. operator and employee of a massage business operating as a sole proprietorship. (q) "Operator" or "massage business operator" means any and all owners of a massage business. (r) "Outcall massage" means the engaging in or carrying on of massage therapy for compensation in a location other than the business operations address set forth in the massage business's Registration Certificate. (s) "Owner" or "Massage business owner" means any of the following persons: (1) Any person who is a general partner of a general or limited partnership that owns a Massage Business. (2) Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a Massage Business. (3) Any person who is a member of a limited liability company that owns a Massage BuSiness. (4) Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a Massage Business. (1) "Person" means any individual. firm. association. partnership. corporation. joint venture. limited Wlbility company. or combination of individuals. (u) "Practitioner" or "Massage Practitioner" shall be used interchangeably and mean any person who administers Massage to another person. for any form of consideration (whether for the Massage. as part of other services or a product. or otherwise), (v) "Reception and waiting area" means an area immediately inside the front door of the Massage Business dedicated to the reception and waiting of patrons of the Massage Business and visitors. and which is not a Massage Therapy room or otherwise used for the provision of Massage Therapy services. (w) "Registration" means the registration required by this Chapter to operate a Massage Business. (x) "School of massage" means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2. Chapter 10.5, as currently drafted or as may be amended. (y) "Sole proprietorship" meanS and includes any legal form ofbusiness organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide Massage services. (z) "Solicit" means to request. ask, demand or otherwise arrange for the provision of services. 10.16.030 CAMTC CERTIFICATION AND MASSAGE BUSINESS REGISTRATION -6- REOUIRED (a) Individuals . On and after [Effective Date Of Ordinance], it shall be unlawful for any individual to practice Massage Therapy for compensation as a Sole Proprietorship or employee ofa massage business or in any other capacity within the City of South San francisco unless that individual is a Certified Massage Practitioner. (b) Businesses. On and after [Effective Date Of Ordinance], it shall be unlawful for any business to provide Massage for compensation within the City of South San Francisco unless all individuals employed by the Massage Business to perfonn Massage, whether as an employee, independent contractor. or sole proprietorship, are Certified Massage Practitioners and said business has obtained a valid Massage Registration Certificate as provided in this Chapter. 10.16.040 MASSAGE BUSINESS REGISTRATION (a) Application. The registration application for a Massage Registration Certificate ("Registration Certificate") shall include all of the following: (1) Legal name of the massage business. (2) Address and telephone number of the massage business. (3) Legal names'ofall owners of the massage business. (4) A list of all of the massage business's employees and independent contractors who are performing massage and their CAMTC certification. ' (5) Residence address and telephone number of all owners of the massage business. (6) Business address and telephone number of all owners of the massage business. (7) The fonn ofbusiness under which the massage business will be operating (j.e .. corporation. general or limited partnership, limited liability companv, or other form). (8) Each owner or operator of the massage business who is not a CAMTC- Certified . Massage Practitioner shall submit an application for a background check. including the following: the individual's business. occupation. and employment history for the five (5) years preceding the date of the application: the inclusive dates of such employment history: the name and address of any Massage Business or similar business owned or operated by the individual whether inside or outside the County of San Mateo and its incorporated cities. (9) For all owners, a valid and current driver's license and/or identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government. (10l For all owners, a signed statement that all of the infonnation contained in the application is true and correct: that all Owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services: and acknowledging that failure to comply with the California Business and Professions Code sections 4600 et Seq .. any locaL state, or federal law, or the provisions of this Chapter may result in revocation of the business's Registration Certificate. (11) Evidence that the business has obtained the necessary zoning approvals pursuant to Title 20. $) Issuance. Upon satisfactory provision by the massage business of the foregoing documentation, the Chief of Police shall issue the massage business a Registration Certificate. which shall be valid for two (2) vears from the date of issuance. No reapplication will be -7- accepted within one (ll year after an application or renewal is denied or a certificate is revoked. For the purposes of the following subsections "particular location" refers to a specific physical address. Registration Certificates may not be issued to a Massage Business seeking to operate at a particular location if: (1) another Massage Business is or Was operating at that particular location and that Massage Business is currently serving a suspension or revocation pursuant to 'Section 10.16.110. during the pendency of the suspension or one year following revocation: (2) another Massage Business is or was operating at that partiCUlar location and that Massage Business has received a Notice of Suspension. Revocation or fine issued pursuant to Sections "10.16.100 and 10.16.110. during the ten day period following receipt of the Notice or while aoyappeal of a suspension. revocation or fine is pending. (3) another Massage Business is or was operating at that particular location and that Massage Business has outstanding fines issued pursuant to Section 10.16.100 that have not been paid. (4) the Massage Business has not obtained the required zoning approvals pursuant to Title 20. (5) any of the owners or operators of the Massage Business have a conviction for any of the offenses listed in Section 10.16.11 O(a)(2) (c) Amendment. A massage business shall apply to the City to amend its Registration Certificate within thirty (30) days after any change in the registration information. including. but not limited to. the hiring or termination of certified massage practitioners. the change of the business's address. or changes in the owner's addresses and/or telephone numbers. (d) Renewal. A massage business shall apply to the City to renew its Registration Certificate at least thirty (30) days prior to the expiration of said Registration Certificate. If an application for renewal of a Registration Certificate and all required information is not timely received and the certificate expires. no right or privilege to provide massage shall exist. (e) Fees. There shall be no fee for the registration application or certificate. or any amendment or renewal thereof The provisions of this section shall not prevent the City from establishing fees for safety inspe"ciions as mav be conducted from time to time by the Enforcement Officials. and for the background checks. fingemrinting. and subsequent arrest notification for owners of a Massage Business who are not CAMTC-certified and who are subject to such background checks pursuant to this Chapter. There are certain fees for appeals as described below. : (f) Transfer. A Registration Certificate shall not be transferred except with the prior written approval of the Chief of Police. A written request for such transfer shall contain the same information for the new ownership as is required for applications for registration pursuant to this section. In the eyent of denial. notification of the denial and reasons therefore shall be provided in writing and shall be provided to the applicant by personal delivery or by registered or certified mail. A Registration Certificate may not be transferred during any period of suspension or one year following revocation pursuant to Section 10.16.110. during the ten day period following a Massage Businesses' receipt of a Notice of Suspension. Revocation or fine issued pursuant to Sections 10.16.1 00 and 10.16.110 or while any appeal of a SUSPension. revocation or fine is pending. Further. a Registration Certificate may not be transferred until all outstanding fines issued pursuant to Section 10.16.100 have been paid. 10.16.050 OPERATING REQUIREMENTS. , . -8- On or after [Effective Date of Ordinance], no person shall engage in. conduct. carry on. or pennit any Massage within the City of South San Francisco unless all of the following requirements are met: (a) CAMTC-certification shall be worn by and clearly visible on the Massage Practitioner's person during working hours and atall times when the Massage Practitioner is inside a massage business or providing outcall massage. (b) Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be' open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m .. and. in the case of a massage business. all clients shaH exit the premises at that time. It is the obligation of the massage business. to inform clients of the requirement that services must cease at 9:00p.m. (c) A list of the services available and the cost of such services shaH be posted in the reception area within the massage premises. and shall be described in readily understandable language. Outcall service providers shall provide such a list to clients in advance of performing any service. No owner. manager. operator. or responsible managing employee shall pennit. and no massage practitioner shall offer or perform. any service other than those posted or listed as required herein. nor shall an operator or a massage practitioner request or charge a fee for any service other than those on the list of services available and posted in the reception area or provjded to the client in advance of any outcall services. (d) A copy of the CAMTC certificate of each and every Massage Practitioner employed in the business shall be displaYed in the receptjon area or similar open public place on the premises. CAMIC certificates of former emplOYees and/Or contractors shall be removed as soon as those massage practitionerS are no longer emploYed by or offering services through the massage business. (e) For each Massage service provided. every massage business shall keep a complete and legible written record of the following information: the date and hour that service was provided: the service received: the name or initials of the employee entering the infonnation: and the name of the Massage Practitioner administering the service. Such records shall be open to inspection and copying by police officers. or other City officials charged with enforCement of this chapter. These records may not be used by any Massage practitioner or operator for any pumose other than as records of service provided and maY not be provided to other parties by the Massage Practitioner or operator unless otherwise required by law. Such records shall be retained on the premises of the massage business for a period of two (2) Years and be immediately available for inspection during business hours. (D Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels. coverings. and linens. Clean towels. coverings. and linenS shall be stored in enclosed cabinets. Towels and linens shall not be used on more than One (1) client. unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1) client. Soiled linens and paper towels shall be deposited in separate. approved receptacles. (g) Wet and drv heat rooms. steam or vapor rooms or cabinets. toilet rooms. shower and bath rooms. tanning booths. whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed. and at least once each daY the premises are OPen. with a disinfectant approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Officer. All walls, ceilings. floors. and other physical -9- facilities for the business must be in good repair. and maintained in a clean and sanitary condition. (h) Instruments utilized in performing massage shall not be used on more than one (1) client unless they have been sterilized. using approved sterilization methods. (i) All massage business operators and their employees. including Massage Practitioners. shall wear clean, non-transparent outer gannents. Said garments shall not expose their genitals. pubic areas. buttocks. or chest and shall not be worn in such manner as to expose the genitals. pubic areas. buttocks. or chest. For the purposes of this section. outer-gannents means a gaunent worn over other gamients and . does not include garments like underwear. bras. lingerie or swimsuits. CD No person shall enter. be. or remain in any part of a massage business while in possession of an 'open container of alcoho1. or consuming or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs. The owner. operator. responsible managing employee. or manager shall not permit any such person to enter or remain upon such premises. (k) No massage business shal1 operate as a school of massage. or use the same facilities as that of a school of massage. en No massage · business shall place. publish or distribute. or cause to be placed. published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than those services listed as an available service pursuant to section 10.16.050(C). nor shall any massage business employ .language in the text of such advertising that would reasonably suggest to a prospective client that any service is available other than those services as described in compliance with the provisions of this chapter. (m) No massage shall be given unless the client's genitals are. at all times, fully covered. A Massage Practitioner shall not in the course of administering any massage. make physical contact with the genitals or private parts of any other person regardless whether the contact is over or under the persons clothing. (n) Where the business has staff available to assure security for clients and massage staff are behind closed doors. the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present. (0) No massage business located in a building or structure with exterior windows fronting a public street. highway. walkway. or parking area shall. during business hours. block visibility into the interior reception and waiting area through the use of curtains. closed blinds. tints. or any other material that obstructs. blurs. or unreasonably darkens the view into the premises. For the purpose of this sub-section. there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window. (p) All signs shall be in confOlmance with the current ordinances of the City of South San Francisco. (9) Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients. and in all areas where clients are present. (r) Minimum ventilation shall be provided in accordance with the Uniform Building Code and any other applicable regulations , -10- (s) Hot and cold running water shall be provided at all times. (t) Adequate dressing. locker and toilet facilities shall be provided for clients. (u) A minimum of one (1) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to perfooning of massage services. Sanitary towels shall also be provided at each basin. (v) Pads used on massage tables shall be covered with material acceptable to the Health Officer. (w) All massage businesses shall comply with all state and federal laws and regulations for handicapped clients. (x) A Massage Practitioner shall operate only under the name specified in his or her CAMTC certificate . .A massage business shall operate only under the name specified in its Registration Certificate. (y) No massage business shall allow any person to reside within the massage business or in attached structures owned. leased or controlled by the massage business. (z) Other than custodial or maintenance staff. no persons shall be permitted within the premises of a massage business between the hours of 11 :00 p.m. and 6:00 a.m. 10.16.060 INSPECTION BY OFFICIALS. The investigating and enforcing officials of the City of South saD Francisco. including but not limited to the Police. Code Enforcement. Health Officer and Director of Building and Planning. or their designees. shall have the right to enter the premises from time to time during regular business . hours for the purpose of making reasonable inspections to observe and enforce compliance with bUilding. fire. electrical. plumbing or health regulations. zoning regulations. and to enforce compliance with applicable regulations. laws. and statutes. and with the provisions of this chapter. The Enforcing Officials may charge a fee for any safety inspections. 10.16.070 NOTIFICATIONS. (a) A massage business shall notify the Chief of Police or his or her designee in writing. of any changes described in Section 10.16.040 pursuant to the timelines specified therein. (b) A registrant shall.report to the Chief of Police any of the following within 96 hours of the occurrence: (1) arrests ot"any employees or owners of the registrant's massage business for an offense other than a misdemeanor traffic offense: (2) resignations. tenninations. or transfers of practitioners employed by the registrant's massage business: (3) any event involving the registrant's ' massage business or the massage practitioners employed therein that constitutes a violation of this ordinance or state or federal law . c) This provision requires reporting to the Chief of Police even if the massage business believes that the Chief of Police has or will receive the infonnation from another source. 10.16.080 EXEMPTIONS. (a) The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the perfonnance of their duties; (1) PhYSicians. surgeons, chiropractors. osteopaths. nurses or any physical therapists who are duly licensed to practice their respective professions in the State of -11- California and persons working directly under the supervision of or at the direction of such licensed persons. working at the same location as the licensed person. and administering massage services subject to review or oversight by the licensed person. (2) Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses. except that this provision shall apply solely to the massaging of the neck. face andlor scalp. hands or feet of the clients. (3) Hospitals. nursing homes. mental health facilities. or any other health facilities duly licensed by the State of California. and emplOYees of these licensed institutions. while acting within the scope of their emplovrnent. (4) Accredited-high schools. junior colleges. and colleges or universities whose coaches and trainers are acting within the scope of their employment. (5) Trainers of amateur. semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes: and trainers working in conjunction with a specific athletic event. (6) Massage practitioners who perform massages which are clearly incidental to the operation of a personal fitness training center. gymnasium. ath1etic facility or health club. when the giving of massage for compensation is not a principal function of such businesses. In determining whether massage constitutes a principal or incidental function of personal fitness training centers. gymnasiums. athletic facilities or health clubs. the police chief shall consider the percent of income derived from massages. the amount of floor space devoted to and the number of employees assigned to massage services. as well as the manner in which the business advertises and holds itself out to the public. (7) Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic. recreational or festival events. such as health fairs. road races. track meets. triathlons and other similar events: provided. that all of the following conditions are satisfied: (A) The massage services are made equally available to all participants in the event: , : (B) The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating comorations: : (C) The massage services are provided at the site of the event and either during. immediately preceding or immediately following the event; (D) The sponsors of the event have been advised of and have approved the provisions of massage services: (E) The persons providing the massage services are not the primary sponsors of the event. 10.16.090 UNLAWFUL BUSINESS PRACTICES MAY BE ENJOINED: REMEDIES . CUMULATIVE. Anv massage business operated. conducted. or maintained contrary to the provisions of this chapter shall constitute an unlawful business practice pursuant to Business & Professions Code Section 17200 et seq .. and the City Attorney or District Attorney may. in the exercise of discretion. in addition to or in lieu of taking any other action pennitted by this chapter. commence an action or actions. proceeding or proceedings in the Superior Court of San Mateo -12- County. seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law. including but not limited to fines. attorneys " fees and costs. All remedies provided for in this chapter are cumulative. 10.16.100 ADMINISTRATIVE FINES. (a) Violations . Upon a finding by the Chief of Police that a busi ness has violated any provision of this chapter. the Chief of Police may issue an administrati ve fine of up to five hundred dollars ($500), (b) Separate Violations. Each violation of any provision of this Chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a s·eparate violation. Each day upon which a massage business remains open for business in violation of this chapter shall also constitute a separate violation . (el Fine Procedures. Notice of the fine shall be served by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to file an appeal with the City Manager or his or her designee contesting the imposition of the fine by completing a request for an appeal hearing and returning it to the City w i thin fifteen (5) days from the date of the fine notice together with an advanced deposit in the amount of the penalties assessed. A request for hearing fonn may be obtained from the department specified on the administrative fine notice. (d) Advance Deposit-Hardship Waiver. No appeal shall proceed without payment of the advance deposit of the fine owed at the time the appeal is filed: provided. that the City Manager may waive or defer the advance deposit requirement upon notice that a request for an advance deposit hardship waiver has been filed. The request for a waiver shall be filed with the finance department on an · advance deposit hardship waiver application form. available from the finance department. within ten days of the date of the administrative fine notice. The requirerilent of depositing the full amount of the fine shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver. The finance director may waive the requirement of an advance :deposit only if the cited party submits to the director a sworn affidavit. together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the C i ty the full amount of the fine in advance of the heanng. If the finance director determines not to issue an advance deposit hardship waiver. the person shall remit the deposit to the city within ten daYS of that decision. (e) If the City Manager finds that no violation occurred. that the violation was corrected within the specified time period. or that the person cited is not the responsible party. the City Manager may issue an administrative order to reflect those facts. and the City shall refund the amount of the deposited fine within fifteen days from the determination. (f) Failure to timely submit a completed request for hearing form or to pay the advance deposit of any penalties constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies (g) Penalty Stayed During Appeal. Enforcement of fine shall be stayed during the pendenCY of an appeal therefrom which is properly and timely filed .. unless the City obtains an order from a court of competent jurisdiction requiring or authorizing the abatement of the condition that is the subject of the City's enforcement efforts, (b) Appeal Hearings. An appeal hearing based on a request for hearing contesting the imposition of a fine shall be set for a date not less than ten (1 Q) days nor more than sixty (60) -13- days from the date the request for hearing foon is filed unless the City Manager detennines that the matter is urgent or that good cause exists for an extension of time. in which case the hearing date may be shortened or extended. as warranted by the circumstances. (1) A hearing under authority of this section shall be conducted according to the procedures set forth herein. The failure of the responsible party or other interested party to appear at the hearing following proper notice shall constitute a waiver of the right to be heard and a failure by suCh party to exhaust his or her administrative remedies. (2) When a request for hearing is filed. the City Manager. or his or her designee. shall set the time cmd place for hearing pursuant to subsection (h) of this section. and shall serve a notice of hearing either personally or by U .S. mail. first-class postage prepaid. to the appellant at the address provided in the request for hearing fonn. The time for such hearing shall be no sooner than ten (J 0) days from the date of service of the notice ofhearing. (3) At the place and time set forth in the notice of hearing. the City Manager shall conduct a hearing on the alleged violations. Any responsible party or other interested person(s) may appear and offer , evidence as to whether a violation has occurred and/or whether the violation continues to exist. whether the person cited is the responsible party for any such violation. whether a penalty or · the amount of a penalty is warranted. or any other matter pertaining thereto. Evidence presented by the Enforcement Official or other official of the City tending to show that a violation occurred and that the person named on the fine notice is the responsible party shall establish a prima facie case that a violation. as char ged. actually existed and that the person named in the fine notice is the responsible party for the violation. The burden of proof shall then be on the responsible partv to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of evidence. (4) The City Manager shall consider written or oral testimony or other evidence regarding the violation presented by the responsible party. the owner, the oCcupant any officer, employee. or agent of the City. and any other interested party. Evidence offered during a hearing must be credible and relevant but fonnal rules governing the presentation and consideration of evidence shall not apply. (5) The City Manager sha11 conduct the hearing. order the presentation of evidence. and make any rulings necessary to address procedural issues wesented during the course of the hearing .. (i) Decision of City Manager and Issuance of Notice of Decision. After receiving all of the evidence presented. the City Manager may then deliberate and consider or may adjourn the hearing and take matters under consideration. Wjthjp ten days following the conclusion of the bearing. the City Manager shall make a decision regarding the issues presented during the course of the hearing. and the decision shall be based on a preponderance of the evidence. The City Manager may sustain the fine, overrule the fine. suspend the fine in accordance with the procedure outlined below, or decrease the amount of the fine. However the total fine shall not be reduced below $500. (1) The City Manager. in his or her discretion. may suspend the imposition of the applicable fine for a period of time not to exceed sixty (60) days during which the responsible party has demonstrated a willingness to correct the violations listed in the fine notice or under anY other circumstances that would justify a suspension of the fine . -14- (2) After making a decision. the hearing officer shall issue a notice of decision to the responsible party either personally or by U.S. mail. first-class postage prepaid. at the address provided in the request for hearing form .. The decision will constitute a final administrative order with no additional administrative right of appeal. CD Failure to Pav Fine. If said fine is not paid within thirtv (30) davs from the date appearing on the notice of the fine or on the notice of decision from the City Manager. the fine may be referred to 'a collection agency within or external to the City. In addition. any outstanding fines must be paid prior to the issuance or renewal of any registration. 10.16.110 SUSPENSION AND REVOCATION OF MASSAGE REGISTRATION CERTIFICATES , (a) Reasons. Certificates of registration may be suspended or revoked by the Chief of Police upon finding any of the following grounds: (1) A Massage Practitioner is no longer in possession of current and valid CAMTC-certification. This subsection shall apply to a sole proprietor or a person employed or used by a massage business to provide massage. (2) An owner or sole proprietor: is required to register under the provisions of California Penal Code section 290 (sex offender registration); is convicted of California Penal Code sections 266i (Pandering), 315 (keeping or residing in a house of iII-fame), 316 (keeping disorderly house), 318 (Prevailing upon person to visit a place for prostitution). 647(b) (engaging in or soliciting prostitution). 653.22 (loitering with intent to commit prostitution). 653.23 (supervision of prostitute); has a business permit or liCense denied. revoked. restricted. or suspended by · any agency. board. city. county. territory. or state: is subiect to an injunction for nuisance pursuant to California Penal Code sections 11225-11235 (red light abatement): is convicted of a felony offense involving · the sale of a controlled substance: is convicted of any crime involving dishonesty. fraud.: deceit; violence. or moral turnitude: or is convicted in any other state of an offense which. if corrimitted in this state. would have been punishable as one or more referenced offenses in this subdivision. C3Y The City determines that a material misrepresentation was included on the application for a certificate of registration or renewal. (4) Violations of any of the following occurred on the premises of a massage business or Were committed by a Massage Practitioner: California Business and Professions Code sections 4600 et seq.; any local. state. or federal law; or the provisions of this chapter. (b) Procedures. Written notice of the suspension or revocation shall be served on the sole proprietor or owners by certified mail with the legal violation and supporting facts. The notice shall contain an advisement of the right to request an appeal hearing before the San Mateo County License BOard. (c) Time Period of Suspension of Pennit. The Chief of Police may suspend a registration for a period between five (5) days and the end of the license term. at his or her discretion. (d) Effective Date of Suspension or Revocation. Suspension or revocation issued pursuant to subsection $) will be effective ten (10) days from the date appearing on the order. unless a timely appeal is filed in accordance with subsection (e), (e) Appeal. (1) The decision of the Chief of Police is appealable to the License Board. -15- (2) An appeal must be in writing. and be hand-delivered or mailed to the License Board and accompanied by a filing fee of$1000. (3) An appeal must be received by the License Board on or before the effective date of suspension or revocation provided by subsection (d). (4) The filing of a timely appeal will stay a suspension or revocation pending a decisjon on the appeal by the License Board. (Sl.A hearing shall be scheduled before the License Board within thirty (30) days. Either the Appellant or the Police Chief may request. in writing directed to the Chair of the License Board. a continuance of the hearing. Such requests must be supported by good cause. The decision whether to grant a continuance is at the discretion of the Chair of the License Board. who shall consider whether granting the continuance poses a threat to public health or safety in light of the severity of the violations alleged. (6) The decision of the License Board shall be a final administrative order. with no further admjnistrative right of appeal or reconsideration . The License Board may sustain a suspension or revocation. overrule a suspension or revocation. reduce a revocation to a suspension and/or reduce the lenjrth of a suspension. However no revocation or suspensjon shall be reduced to a length of less than a five day suspension. Further the License Board may stay the effective date of any suspension for a reasonable time following a hearing. (f) Reapplication . No reapplication will be accepted within one (1) year after a certificate is revoked. . (g) Evidence . The following rules shall apply to any hearing required by this section. All parties involved shall have the right to offer testimonial. documentary, and tangible evidence bearing on the issues. to be represented by counsel. and to confront and cross-examine witnesses. Any relevant evidence may' be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs . Fonnal rules of evidence and discovery do not apply to proceedings governed by this chapter. Unless specifically prohibited by law or explicitly stated otherwise. the burden of proof is on the registrant in any hearing or other matter under this chapter. 10.16.120 PUBLIC NUISANCE It shall be unlawful and a miblic nuisance for a massage business to be operated. conducted. or maintained contrary to the provisions of this chapter. The City may exercise jts discretion. in addition to or in lieu of prosecuting a criminal action. to commence proceedings for the abatement. removal. and enioinment of that business in any manner provided by law . 2. Revise Chapter 20.620.002 to add the "Massage Business" deimition and revise the "Personal Services" deimition (Commercial Use Classifications) as follows: Massage Business. Massage business" means any business that offers massage therapy in exchange for COmpensation. whether at a fixed place of business or at a location designated by the customer or client through outcall massage services . Any business that offers any combination of massage therapy and bath facilities -including. but not limited to. showers. baths. wet and dry heat rooms. pools and hot tubs -shall be deemed a massage business under this chapter. The teon "massage business" includes a Certified Massage Practitioner who is the sole owner. operator -16- and employee of a massage business operating as a sole proprietorship. Exempted from this definition are physicians. surgeons. chiropractors. osteopaths. nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of such licensed persons. Working at the same location as the licensed person, and administering massage services subject to review or oversi ght by the licensed person. Personal Services. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes · barber and · beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classifioation also indudes massage estaalishments that are in full oomplianoe 'Nith the applieaale pro'lisions of Seotion 20.350.030 ("Pefsonal Servioes") aBd in vmieh all persons engaged in the praotice of massage are oertified pursuant to Business and ProfessioFls Code.Seetion 4612 .. MasStlge Estflhlishmetfts. An estalJlislHHeat having a fixed plaoe of business whefe any individual, firm,. association; partnership, oorporation, jOiFlt ·venture or eomaination of individuals eagages in, oonduets, earries on or permits to ae engaged in, condueted or ofH'ried on, for eOFlsideratioFl Or eompeasatioFl (as hereinaftef defiFled), IHassages, aaths or health treatments involviRg massages. or baths as regtllar fuBetions. EX9i'E:flted from this defiFlitioFl are massage therapists operating in conjunction with aBd on the same premises as a physieian, surgeon, ehiropraetor, osteopatil, nurse or any physical therapist (State licensed professions or voeations) vll'lo are duly State licensed to practice their respective professions in the State of California and out service massage therapists eertified pursuant to Business aF.Id Professions Code Section ~ 2. Revise SectioR 20.350.032 "Personal Services" to remove reference to "Massage Establishments"and read as follows: 20.350.032 Personal Services Personal Services shall be located, developed, and operated in compliance with the following standards: A. Hours of Operation. Hours of operation shall be limited to 7 :00 a.m. to 1 0:30 p.m. B. Business License Required. All Personal Services establishments · shall maintain a current City of South San Francisco business license. C. Massage EstahlishmeBts. Massage establishments, includiag massage estaalishments conducted as assessory uses, are subjeet to the ~ements listed aao,.re, Municipal Code Chapter 10.1 €J ("Regulations for Massage Parlors ana Massage Services"), aHd the follo'wrffig standards. 1 .. ~eplitHts. The provisions of this subsection do not apply to the follo .. viag elasses of individuals or businesses while engaged in the pefformance of their duties: a. Massage establislHnents in which all persons engaged in the practice of massage are eertified pursuant to Business and Professions Code Section 4612; a . Pftysieiafls, surgeons, ehH:opraetors, osteopaths, nUfSes or any physieal therapists vmo are duly licensed to practise their respeetive professions in the state of -17- California and persons 'Norkiag directly under the s1:1pervision of sush licensed persons; c. Barbers afld beauticians Vt'flO are 001)' licensed \ffider the Ia'Ns of the state of Califernia while eagagiflg in practices 'Nithin the scope of their licenses; d . Hospitals, llU:fsing homes, saaitaril:lffis, or any other similBF health facilities dtily licensed by the state of California; e. AQCTedited high schools, junior eolleges, medical schools, sehools of chiropractic, aDd eolleges or llfliversities whose coaches, traiflers, or medical or chiropractic students are actiflg·within the scope of their employment or instruction; and f. Massage practitioners who perferm massages 'lihich are clearly incidental to the op.eration of a : personal fitness training center, gymnasim'll, athletic facility or health club, vmen the givia-g of massage for eompeflsation is not a principal function of stieh businesses. In detenHining whether massage eonstirutes a principal or inoidental function of personal fitness traifling eenters, gYfIlnasilHns, athletic facilities or health e1tibs, the polioe chief shall consider the percent of income derived from massages, the amount of floor spaee devoted to and the nUlnber of empleyees assigned to massage services, as T.vell as the manner in which the business advertises and holds itself ost to the psblic. 2. Permits RefJflil"eti. A Conditional Use Permit psrssant to Chapter 20.490 ("Use Permits") and a Massage Service Permit psrsuant to Section 10.16.070 ("Massage Establishinent Massage Servioe Permit .Application") of the South San Francisco Mtmicipal Code. 3. Leefltien. ·No such business shall be established or located vrithin 500 feet from any other massage establislHnent. 4. }4uility RefJflil"efflen,s. Every massage establishment shall B'laintain facilities meeting the following requiretnents: a. Minimum lighting shall be provided in aceordaaee with the National Electrical Code, ana, in addition, at least one artificial light of not less than 40 watts shall be provided in each room or ene10ssre where massage serviees are perfermed on patrons. b. Minimum ventilation shall be provided in aeeordance with the UIDferm Building ~ c. Hot and oold running water shall be proT/ided at all times. d. Closed cabinets shall be pro,,+'ided fer storage of clean linens. e. Adequate dressing, losker and toilet facilities shall be pro'Raed for patrons. f. A minimum of one wash basin fer employees shall be pro'liaea at all times. The basin shall be located vrithin or as closed as practioable to the area dO'loted to perfoFIniiig of massage services. Samtary tov;els shall also be proYided at each basHr. 5. Aeee§seI";Y Use§. A massage establishment wffieh fuBetieBs as em &ccessory use shall alBa comply ylith all requirements fer the primary use. (Ord. 1452 § 2, 2011; Om. 1445 § 2,2011; Ora. 1432 § 2,2010) 3. Add Section 20.350.026.5 "Massage Businesses" to include performance standards that read as follows: -18- Massage businesses. including massage businesses conducted as accessory uses. are subject to the requirements in Municipal Code Chapter 10.16 ("Regulation of Massage Businesses")' and the following standards. 1. Exceptions. The provisions of this subsection do not apply to the following classes of individuals or businesses while engaged in the performance of their duties: a. Physicians. surgeons. chiropractors. osteopaths. nurses or any physical therapists who · are duly licensed to practice their respective professions in the state of California and persons working directly under the supervision of such licensed persons; b. Barbers and beauticians who are duly licensed under the laws of the state of California while engaging in practices within the scope of their licenses: c. Hospitals. nursing homes. sanitariums. or any other similaJc health faciJities duly licensed by the state of California; d. Accredited high schools. junior colleges. medical schools. schools of chiropractic. and colleges or universities whose coaches. trainers. or medical or chiropractic students are acting within the scope of their employment or instruction; and e. Trainers of amateur. semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes: and trainers working in conjunction with a specific athletic event f Massage practitioners who perform massages which are clearly incidental to the operation of a personal fitness training center. gymnasium. athletic facility or health club. when the giving of massage for compensation is not a principal function of such businesses. In determining whether lnassage constitutes a principal or incidental function of personal fitness training centers. gymnasiums. athletic facilities or health clubs. the police chief shall consider the percent of income derived from massages. the amount of floor space devoted to and the number of employees assigned to massage services. as well as the manner in which the business advertises and holds itself out to the public. g. Individuals administering massages or health treatment involving massage to persons partidpating in single-occurrence athletic. recreational or festival eVents. such as health fairs. road races. track meets. triathlons and other similar events: provided. that all of the following conditions are satisfied: 1. The massage services are made equally available to all participants in the event: 11. The event is OPen to participation by the general public or a significant segment of the public such as employees of sponsoring or participating cornorations . iii. The massage services are provided at the site of the event and either during. immediately preceding or immediately following the event: IV. The sponsors of the event have been adyjsed of and have approved the provisions ofmassage services: v. The persons providing the massage services are not the primary sponsors of the event. h. Individuals providing out-call massage services 2. City Registration Certificates/Use Permit Required. All massage businesses are required to obtain a either Conditional Use Pennit or a Minor Use Permit pursuant to -19- Chapter 20.490 ("Use Permits") and a City Registration Certificate pursuant to Section 10.16.040 ("Massage Businesses Registration") of the South San Francisco Municipal Code. 3. Location. No such business shall be established or located within 500 feet from any other massage business. 4. Hours. Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p .m . and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless termiilate at 9 :00 p.m .. and all clients shall exit the oremises at that time. 5. Facility Requirements. Every massage business shall maintain facilities meeting the following requirements : a. A list of the services available and the cost of such services shaH be posted in the reception area within the massage premises. and shall be described in readily understandable language. b . A copy of the California Massage Therapy Council ("CAMIC") certificate of each and every Massage Practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMIC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business. c. Massage businesses shall at all times be equipped with an adeauate supply of clean sanitary towels. coverings. and linens. Clean towels, coverings. and linens shall be stored in enclosed cabinets. d . Where the business has staff available to assure security fo r clients and massage staff are behind closed doors. the entry to the reception area of the massage .business_ shall remain unlocked during business hoUTS when the business is open for business or when clients are present. e. No massage business located in a building or structure with exterior windows fronting a public :street. highway. walkway. or parking area shall. during business hoUTs. block visibility into the interior reception and waiting area through the use of curtains. closed blinds. tints, or any other material that obstructs, blurs. or unteasonably · darkens the view into the premises. For the purpose of this sub- section, there: is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window. £ All signs shall be in conformance with SSFMC Chapter 20.360 Signs. g. Minimum lighting consisting of at least one (1) artificial light of not less than forty (40) watts shall be proyjded and shall be operating in each room or enclosure where massage services are being performed on clients. and in all areas where clients are present. h . Minimum ventilation shall be provided in accordance with the Unifonn Building Code and any other applicable regulations. 1. Hot and cold running water shall be provided at all times. j . Adequate dressing. locker and toilet facilities shall be provided for patrons. k. A minimum of one 0) wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to -20- perfonning of massage services. Sanitary towels shall also be provided at each basin. 1. All massage businesses shall comply with all state and federal laws and regulations for handicapped clients. m. Other than custodial or maintenance staff. no persons shall be pennitted within the premises of a massage business between the hours of 11 :00 p.m. and 6:00 a.m. 4. Update Table 20.090.002 -Land Use Regulations, Commercial, Office and Mixed- Use Districts, as Indicated below: Use G1assification CC BPO CMX ECRMX Additional Regulations -~ _. Maintenance and Repair P P P P Services -See Section 20 350 026 5 Massagf; Massa~ Businesses ~ MIJP Mllp - Bll~icesse::; Pllblic Parkill!, P P P P Personal Services See INti-classifiea/io/ls below Use Classification CC BPO CMX ECRMX Additional Regulations Commercial Uses (cont'd) See Section 20 .350.030 Personal Gmera/ Per sOl/a/ Serokes P P(9) P P Services See !>ee~iBI'I ;lQ .3SQ.Q39 P~.16ftel M.,..t1f! lj;/tJ/;A./mfflIH b bt97 b -~ 5. Update Table 20.110.002 -Land Use Regulations, Employment Districts, as indicated below: Usc: Classification BC BTP FC MI Additional Regulationt': Commercial Uses (cont'd) Maintenance and Repair Ser.ices P P -P M~ss~ Busincsses MllP -MUP ~ See Section 20 350 026 5 M"~sa~ BlIsines~l::s Personal Services See SIIb-c/assifica/io/lS be/ow General Ferso/ta/ S ervius P -P P Section 20.350.030 Personal Services Itl:.t.'*'[! ~""'_ b -b b SeetiBfI ;l9.3§e.9;9 Pel's6ftel Seffiees Tattoo or Botfy Modifica/ion Porlor C See Section 20.350 .035 Tattoo or Body --- Modification Parlor -21- 6. Update Table 20.270.003 -Land Use Regulations-El Camino Real/Chestnut Sub- Districts, as indicated below: Ust:S Permitted EeR/e. ECR/C-MXM ECR/C-RH Additional RegulatIOns MXH Maintenance and Repa1r Services P J\.fUP - SI:!: SCl:tiQ[l 20 350 02~ 5 Ma~sagl: Massage Businesses M!.lE MllE - Busjnft'StS UseR Permitted ECR/C- ECR/C-MXM ECR/C-RH Additional Regulations MXH CommerciM Use Classifications (cont'd) Personal Services . S •• ' .fllb-dossijicotioIlS below Gmera! Persollol Sef7Jices P P -See Section 20.350.030 Personal Services 7. Update Table 20.280.003 -Land Use Regulations-Downtown Station Area Specific Plan Sub-Districts, as indicated below: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Commercial Use Classifications Maintenance and Repa1r Se1"Vices P ---p p See Sl:l:tion 20350026 5 Massage 1:fassag!; Bllsiness~s ~ h --= -Bu~jDssses Personal Services See slIb-dossijicotiOlls below , , Section 20.350.032 Personal Gmcrol Persollol S m;ices P P P P P P Sen>ices SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. -22- Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post -in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherWise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. * * * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 27 th day of May, 2015. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the -_-__ day of , 2015 by the following vote: AyES: __ ---' ___ --'---'-__________________ _ NOES: _______ ------------------------------------------- ABSTENTIONS: ______________________ _ ABSENT: ___ ~ __ ~ __________________ _ Attest: ----------~--~~------------Krista Martinelli, City Cl erk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this __ day of ,2015. Mayor 2445487.1 -23- RESOLUTION NO. 2764-2015 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION RECOMMENDING MODIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING CODE, RELATED TO MASSAGE BUSINESS USES CITYWIDE WHEREAS, in July of 2010, the City Council for the City of South San Francisco adopted a comprehensive update to the City's zoning ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code ("Zoning Ordinance"), and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City's Chapter regulating Banks and Financial Institutions uses Citywide, as further set forth in the Ordinance; and, WHEREAS, the City Council has expressed concern about the potential impact(s) that certain Massage Business uses might have on the City; and WHEREAS, the California State Legislature has passed Assembly Bill 1147, which restores localland u,se authority to regulate Massage Business uses while retaining the State's authority in certifying massage professionals and approving massage schools; and WHEREAS,overconcentration of Massage Business uses can contribute to blight and prevent high quality development and economic activity throughout the City; and WHEREAS, City staff prepared this Zoning Code text amendment ("Zoning Amendment") to limit the zoning districts where Massage Businesses may locate, and strengthen the performance standards for these uses; and WHEREAS, said Zoning Amendment renames "Massage Establishments" as "Massage Businesses" and revises definitions and regulations for Massage Business uses within the City's Zoning Code; and WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial StudylNegative Declaration ("ISIND") in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), which ISIND analyzed the environmental impacts of adopting the Zoning Ordinance -24- and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, the refinements, clarifications, and/or corrections set forth in this Zoning Amendment, as they relate to Massage Business uses Citywide, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, andlor corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §2IOOO, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the Zoning Ordinance Text Amendments; and all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed May 21, 2015 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §2I082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION I FINDINGS A. General Findings. 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. Exhibit A "Zoning .Ordinance Text Amendments to Modify Regulations Related to Massage Businesses" attached to this Resolution, is incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Director of Economic and Community, Alex Greenwood. B. Zoning Amendment Findings 1. The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant specific plans, and is consistent with the City's overall vision for community development, economic vitality, and protection of the City without an overconcentration of Massage Business uses that could contribute to blight as set forth in the General Plan. None of -25- the new or revised use definitions and modifications to allowable land use tables will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2. The Zoning Amendment to rename "Massage Establishments" as "Massage Businesses", add a "Massage Business" definition, and limit locations for massage businesses would protect future land uses in the applicable zoning districts but would not affect any particular subject property. The zoning districts where massage businesses are conditionally permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program with appropriate perfonnance standards to prevent an overconcentration of Massage Business uses. 3. The proposed change in pennitted or conditionally pennitted uses in certain zoning districts will not be detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment will strengthen perfonnance stml;dards for Massage Businesses that pertain to overconcentration and safety. SECTION II RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the City Council adopt an ordinance amending the Zoning Code, as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. . * * * '" '" * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the 21 st day of May, 2015 by the following vote: AYES: Chairperson Wong, Vice Chairperson Khalfin. Commissioner Faria. Commissioner Nagales. and Commissioner Ruiz NOES: ________________ ~ __ --------------------------------- -26- ABSTENTIONS:, ____________________________________________ ___ ABSENT: Commissioner Lujan and Commissioner Martin Attest: /sl Alex Greenwood Alex Greenwood Secretary to the Planning Commission -27 -