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Home My Public Portal AboutOrdinance 06-9111 ORDINANCE NO. 06 -911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO PERMITTING MASSAGE IN CONJUNCTION WITH A BONA FIDE HAIR SALON, BEAUTY SHOP, BEAUTY SALON, DAY SPA, OR MEDICAL OFFICE IN COMMERCIAL ZONES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Report dated September 19, 2006; and Planning Commission Staff Reports dated January 24, 2006, May 9, 2006, June 23, 2006 and August 22, 2006, as well as information discussed at Public Hearings on August 22, 2006 and September 19, 2006 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. The Temple City Zoning Code currently specifies that any type of Massage use is considered to be an "Adult Business ", and needs to comply with location requirements that limit it to a Manufacturing area in the southern part of the City. The Zoning Code is currently silent relative to Massage as an incidental use in commercial zones; and 2. With the proper regulations, conditions, and requirements, Massage can be permitted as an incidental use in a bona fide hair salon, beauty shop, beauty salon, day spa, or medical office. In particular, before each Massage Therapist receives their Independent Service Provider license, a Sheriffs background check will be required and conducted in order to ensure that each Massage Therapist has no criminal history; and 3. At this time, the City Council approves a Zoning Code Amendment to allow a bona fide Hair Salon, Beauty Parlor, Beauty Salon, Day. Spa, and Medical Office to perform Massage as an incidental use in commercial zones Citywide. SECTION 3. This project (amendments to the Temple City Zoning Code and the City's Downtown Specific Plan relative to permitting Massage as an incidental use in a bona fide hair salon, beauty shop, beauty salon, day spa, or medical office) shall result in no significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial study as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 4. The following amendments are hereby made to the Temple City Zoning Code: ARTICLE IX CHAPTER 1 — ZONING CODE PART XIV — COMMERCIAL DISTRICTS SECTION 9380 GENERAL COMMERCIAL ZONE, C -2 B. ACCESSORY USES: The following uses shall be permitted as an incidental use: 2. Massage; shall be permitted, however only if it is in conjunction with a bona fide Hair Salon. Beauty Parlor, Beauty Salon, Day Spa, or Medical Office. Additionally, they must comply with the following special standards and restrictions: Ordinance No. 06 -911 Page 2 a. An Independent Service Provider business license shall be required for all Massage Therapists. b. The person applying for an Independent Service Provider business license shall provide the City with documentation (Driver's License or State issued Identification Card) that they are at least 18 years of age. The documentation must also provide information regarding their height, weight color of eyes and color of hair. c. The hours of operation for the incidental Massage use shall be limited from 7:00 am to 9:00 pm. d. Each Massage Therapist shall wear a City issued Massage Therapist Identification Card; these cards will have a photograph of the Massage Therapist to ensure that all persons performing massages are legitimate. A one -time fee Lto be determined) shall be paid for the required Identification Card at the time of application for the Independent Service Provider business license. e. The person applying for an Independent Service Provider business license shall provide the City with documentation that they have completed the necessary hours of training from a State approved school /program /course; the number of training hours to be determined 12y State Regulations. Applicants shall provide the City with similar documentation if they received their training out -of- state. f. Massage shall not be permitted as a primary use in any zone, except where Adult Businesses are permitted; and shall comply with Section 9455 of the City's Municipal Code. g. Each and any business with permitted massage therapists shall have no more than two massage therapists available or on premises at any given time. In addition, the area dedicated to massage services shall not exceed 25% of the gross floor area of any establishment offering massage. h. Each applicant shall require, on an annual basis. a Sheriffs Background check and any other applicable permitting procedure required by the Los Angeles County Sheriffs Department. i. Per Assembly Bill 665. the City shall automatically deny an Independent Service Provider application for an incidental massage business, if the person is required to register as a sex offender. j. Any business providing Massage services shall be subject, but not limited to the following provisions of the Municipal Code: 4181.5 investigation, 3181.8 minimum operation requirements, 4181.11 hours of operation, 4181.12 hygiene, 4181.14 prohibited conduct. k. Any business that is found in violation or failing to comply with any of the special standards and restrictions specified in 9380.B.2.a — 9380.B.2.it shall have their license suspended and /or revoked t y the Community Development Department. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published according to law. 1 1 1 1 1 1 Ordinance No. 06 -911 Page 3 APPROVED AND ADOPTED on this 3rd day of October, 2006. MA ATTEST: City Clerk I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 06 -911, was introduced at the regular meeting of the City Council of the City of Temple City held on the 19th day of September, 2006 and was duly passed, approved and adopted by said Council at their regular meeting held on the 3`d day of October, 2006 by the following vote: AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson, Capra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City &11‘;)--/ 11-42AAPJ--