HomeMy Public PortalAbout13) 8A Second Reading and Adoption of Ordinance No. 14-992 Require CUP for Medical Offices and Similar UsesDATE:
TO:
FROM:
SUBJECT:
AGENDA
ITEM 8.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
Apri115, 2014
The Honorable City Council
Donald E. Penman, Interim City Manager~ _c.e.
By: Geoffrey Starns, AICP, Planning Managj
SECOND READING AND ADOPTION OF ORDINANCE NO. 14-992
AMENDING THE TEMPLE CITY ZONING CODE AND DOWNTOWN
SPECIFIC PLAN TO REQUIRE A CONDITIONAL USE PERMIT FOR
MEDICAL OFFICES AND SIMILAR USES
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance No. 14-992
(Attachment "A") amending the Temple City Zoning Code and the Downtown Specific
Plan to require a Conditional Use Permit (CUP) for Medical Offices and similar uses.
BACKGROUND:
On April 1, 2014, the City Council introduced Ordinance No. 14-992 and scheduled the
second reading for April 15, 2014 (Attachment "B").
ANALYSIS:
The City Council introduced and reviewed Ordinance No. 14-992 on April 1, 2014.
There were no comments by the City Council or the members of the public that
necessitated changes to the proposed ordinance. Therefore, City Council is requested
to adopt Ordinance No. 14-992 amending the Temple City Zoning Code and the
Downtown Specific Plan to require a Conditional Use Permit (CUP) for Medical Offices
and similar uses.
CONCLUSION:
The City Council is requested to adopt Ordinance No. 14-992 amending the Temple City
Zoning Code and the Downtown Specific Plan to require a Conditional Use Permit (CUP)
for Medical Offices and similar uses. This code amendment is intended to be an interim
City Council
April 15, 2014
Page 2 of2
option that will regulate massage businesses in accordance with SB 731 until a
comprehensive massage and "Day Spa" ordinance is adopted.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget.
ATTACHMENT:
A. Ordinance No. 14-992
B. April 1, 2014 City Council Staff Report
CITY OF TEMPLE CITY
ORDINANCE NO. 14-992
ATTACHMENT A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
REQUIRING A CONDITIONAL USE PERMIT FOR MEDICAL OFFICES AND
SIMILAR USES
WHEREAS, on September 27, 2008, Governor Schwarzenegger signed SB 731, which
required cities to treat massage businesses similar to other professional services as long a the
massage therapists are licensed by the California Massage Therapy Council; and
WHEREAS, SB 731 went into effect on September 1, 2009; and
WHEREAS, the City has determine that rnassage businesses are similar to medical offices.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS
AS FOLLOWS:
SECTION 1: Section 9202 shall be amended to add "Medical offices, clinics, and similar
uses" in the list of uses that requires a Conditional Use Permit.
SECTION 2: Table 1 on Pages 111-22 shall be amended to change the "P" in the GC,
WC, CC, TC, and EC Land Use Districts to "C" for "Medical/Dental Offices and related Health
Services & Sales".
SECTION 3: Table 1 on Pages 111-23 of the Downtown Specific Plan shall be amended
to change the "P" in the GC, WC, CC, TC, and EC Land Use Districts to "C" for "Optician and
Optometrical Office".
SECTION 4: This Ordinance shall be effective on the 31'' day after adoption.
SECTION 5: The City Clerk, or her duly appointed deputy, shall attest to the adoption
of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED THIS 15'' DAY OF APRIL, 2014.
MAYOR
ATIEST: APPROVED AS TO FORM:
City Clerk City Attorney
Ordinance 14-992
Code Amendment to Require a CUP for Medical Offices
Page 2 of 2
I, Peggy Kuo, City Clerk of the City ofTemple City, hereby certify that the foregoing Ordinance
No. 14-992 was introduced at the regular meeting of the City Council of the City of Temple City held
on the 1~ day of April 2014, its second reading on 151" day of April, 2014, and was duly passed,
approved and adopted by said Council at the regular meeting held on 151" day of April, 2014 by the
following vote:
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Council member:
ABSTAIN: Councilmember:
City Clerk
ATTACHMENT B
1-\'vt:I~U/-\
ITEM 9.8.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
April1, 2014
The Honorable City Council
Donald E. Penman, Interim City Manager ~
By: Geoffrey Starns, AICP, Planning Manag/
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 14-992
AMENDING THE TEMPLE CITY ZONING CODE AND DOWNTOWN
SPECIFIC PLAN TO REQUIRE A CONDITIONAL USE PERMIT FOR
MEDICAL OFFICES AND SIMILAR USES
RECOMMENDATION:
The City Council is requested to:
a) Introduce Ordinance No. 14-992 (Attachment "A") for first reading by title only
amending the Temple City Zoning Code and the Downtown Specific Plan to require
a Conditional Use Permit (CUP) for Medical Offices and similar uses;
b) Waive further reading of Ordinance No. 14-992; and
c) Schedule the second read ing of the Ordinance for April15, 2014.
BACKGROUND:
1. On September 27, 2008, Governor Schwarzenegger signed Senate Bill (SB) 731,
which requires cities to treat massage establishments the same as other
professional services as long as the massage therapists are licensed by the
California Massage Therapy Council (CAMTC).
2. On September 1, 2009, SB 731 became effective.
3. In November 2013, based on advice from the City Attorney's office, staff
determined that massage businesses had to be treated similar to medical offices
to comply with SB 731.
4. Since February 1, 2014, staff has received over 20 inquiries and two business
license applications for massage only businesses (i.e., foot, body).
City Council
April 1, 2014
Page 2 of 3
5. On February 27, 2014, staff received direction from the City Code Review
Standing Committee to proceed with a Code Amendment to require a CUP for
Medical Offices.
ANALYSIS:
Medical offices are permitted by right (no CUP required) in the City. In November 2013,
staff determined that massage businesses had to be treated in the same manner as
medical offices to comply with the requirements of SB 731. This removed the CUP
requirement for massage only businesses. From November 2013 to the end of January
2014, this change had no effect as staff did not receive any inquiries or applications for
massage only businesses. Staff began working on a comprehensive massage and
"day spa" ordinance that will be ready for review and approval this summer. However,
over the last six weeks, staff has seen a dramatic increase in the number of inquiries
and business license applications for massage only businesses. Because of this
increase in activity, there is a concern that there will be an overconcentration of
massage businesses established prior to the completion of the comprehensive
massage and "Day Spa" ordinance.
Staff raised this issue with the Council's City Code Review Standing Committee (i.e.,
Mayor Pro Tem Chavez and Councilmember Vizcarra) to get direction on how to
proceed. The Committee discussed two options. The first option is to establish a
moratorium on massage businesses in the City. The second option is to require a CUP
for medical offices. Requiring a CUP for medical offices will also cover massage
establishments since it was determined that massage businesses have to be treated in
the same manner as medical offices. The Committee directed staff to proceed with an
Ordinance requiring a CUP.
Ordinance No. 14-992 will make three changes. It will make one change to Section
9202 of the Temple City Zoning Code by adding "medical offices, clinics, and similar
uses" to the list of uses that requires a CUP. It will also make two changes to Table 1 -
Land Use Matrix, in the Downtown Specific Plan, which identifies permitted and
conditionally permitted uses. It will change "Medical/Dental Offices and related Health
Services & Sales" on page 111-22 to require a CUP in all districts, and it will change page
111-23 to require a CUP in all districts for "Optician and Optometrical Offices" (which are
listed separately from other medical offices).
CONCLUSION:
This code amendment is intended to be an interim option that will regulate massage
businesses in accordance with SB 731 until a comprehensive massage and "Day Spa"
ordinance is adopted. The proposed ordinance should also have little impact to the
medical community. Since the begir1r1ing of the year we have had only one business
license application for a medical office.
City Council
April 1, 2014
Page 3 of 3
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget.
ATTACHMENT:
A. Ordinance No. 14-992