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HomeMy WebLinkAboutReclassify Massage Businesses as Personal Services - Ordinan Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) GTYOF) SS. HUNTINGTON BEACH LWAL COUNTY OF ORANGE ) INANCEOTICE ORDINANCE N03842` Adapted by the City Council on OCTOBER 19,2009 1 am the Citizen of the United States and a "Ali ORDINANCE OF.THE resident of the County aforesaid; I am over <BIEACHF AMETNDING CHAPTER 204 OF the age of eighteen years, and not a party THE H�UNTINGTON BEACH ZONING AND to or interested in the below entitled matter. SUBDIVISION ORDI- NANCE am a principal clerk of the HUNTINGTON ASSFICAIONS" SYNOPSIS BEACH INDEPENDENT, a newspaper of Z O'N I N'G T E X T AMENDMENT NO. 09- general circulation, printed and published In 003 AMENDS.THE HUN- TINGTON BEACH ZON- the City of Huntington Beach, County of ING AND SUBDIVISION ORDINANCE (HBZSO) Orange, State of California, and the CHAPTERS 204 AND 212 (SEE ORDINANCE NOS. attached Notice is a true and complete copy 3843 AND 3844) AND AMENDS HUNTINGTON as was printed and published .on the BEACH MUNICIPAL CHAPTER following date(s). 5.024E WH CH) MODIIFYS THE CITY''S REG- ULATIONS AS THEY PER- ,TAIN TO MASSAGE BUST- i NE'SS.ES . THE AMENDMENTS RECLAS- SIFY "MASSAGE 'BUSI- NESSES" AS A PERSON- AL SERVICES USE. AS .DEFINED IN THE.HBZSO AND REQUIRE MASSAGE PROFESSIONALS TO'OB- TAIN.CERTIFICATION BY October 29, 2009 BRINGT S ATE THE CITY'S REGULATIONS INTO COMPLIANCE .WITH STATE LAW. ,.PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held October 19, 2009 by the-follow- ing declare, under penalty ofperjury, that the YES:l call chio, p y AYES: Carchio, Dwyer; foregoing is true and correct. Greek_ Bohr, coerper, Hansen NOES:None ABSTAIN:None ABSENT:Hardy THE FULL TEXT OF THE Executed on October 29, 2009 ORDINANCE IS AVAIL-, ABLE IN THE, CITY at Costa Mesa, California CLERK'S OFFICE. This ordinance is effec- tive 30 days after, adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, �2.. CA 92648 Signature 714-536-5227 JOAN L.FLYNN, CITY CLERK Published Huntington Beach.'Independent Oc- fober'29,2009 1005-014 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug.24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) -- HUNTINGTON BEACH SS. LEGALtTICE COUNTY OF ORANGE Adopted optebNCEN0:3843 .. ' by the City Council on OCTOBER 19,2009,. "AN ORDINANCE_OF THE am the Citizen of the United States and a CITY OF HUNTINGTON� (BEACH AMENDING resident of the County aforesaid; I am over i CHAPTER 212OF THE' HUNTINGTON the age of eighteen years, and not a party BEACH ZONING AND SUBDIVISION ORDI- to or interested in the below entitled matter. NANCE RELATING TO IN- DUSTRIAL DISTRICTS I am a principal clerk of the HUNTINGTON SYNOPSIS: Z 0 N I N G . T E X T' BEACH INDEPENDENT, a newspaper of AMENDMENT NO. 09- 003 AMENDS THE HUN- general circulation, printed and published in TINGTON BEACH ZON- ING AND SUBDIVISION the City of Huntington Beach, Count of ORDINANCE (HBZSO) y CHAPTERS 204 AND 212 Orange, State of California, and the 3842 ANDIN3844) AND attached Notice is a true and complete co AMENDS HUNTINGTON p copy BEACH MUNICIPAL as was printed and published on the CODE (HBMC) CHAPTER 5.24 WHICH MODIFYS following date(s): THE ',CITY'S REG-., ULATIONS AS THEY PER- TAIN TO MASSAGE BUSI-. N E S S E S .: T H E AMENDMENTS 'RECLAS- SIFY "MASSAGE BUSI- NESSES" AS A PERSON- AL SERVICES USE AS DEFINED IN THE HBZSO AND REQUIRE MASSAGE PROFESSIONALS TO OB- TAIN CERTIFICATION-BY ' THE STATE. THIS- BRINGS THE CITY'S October 29 2009 REGULATIONS INTO COMPLIANCE WITH STATE LAW. PASSED' AND ADOPTED by the City Council of the City of,Huntington Beach at a regular,', meeting held October 19, 2009 by the follow- ing roll call vote: - AYES: Carchio, Dwyer, declare, under penalty of perjury, that the Green, Bohr, Coerper, Hansen foregoing is true and correct. NOES:None ABSTAIN:None ABSENT:Hardy THE FULL TEXT OF THE ORDINANCE.IS AVAIL--ABLE IN . Executed on October 29, 2009 CLERK'S OFFI EE CITYThdiec- ' at Costa Mesa, California tiv�e o30nance dayss eff after adoption. CITY OF' HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 7.14-536-5227 Slg at JOCITY FLYNN,CLERK Published Huntington Beach Independent Oc- tober 29,2009 1005-015 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) SS. i CITY OF COUNTY OF ORANGE ) HUNTINGTO TICS . LEGAL NOTICE , ORDINANCE NO.3844, I am the Citizen of the United States and a Adopted bYthe City Council on OCTOBER 19,2009 resident of the County aforesaid; I am over "AN'ORDINANCE OF THE CITY OF HUNTINGTON the age of eighteen years, and not a party BEACH AMENDING CHAPTER 5.24 OF to or interested In the below entitled matter. THE. HUNTINGTON BEACH HUNTINGTON I am a principal clerk of the HUNTINGTON BEACH MUNICIPAL BEACH INDEPENDENT, a newspaper of MASSAGEELATING ESTABLISH- MENTS" general circulation, printed and published in SYNOPSIS: ZONING TEXT the City of Huntington Beach, County of 'AMENDMENT' NO. 09- 003 AMENDS THE HUN-. ' Orange, State of California, and the TINGTON BEACH ZON- attached Notice is a true and complete copy OR OR AND SUBDIVISION DINANCE (HBZSO) OR 204 AND 212 as was printed and published on the (SEE ORDINANCE NOS. 3842 AND 3843) AND following date(s). JAMENDS. HUNTINGTON, !BEACH MUNICIPAL. !CODE (HBMC) CHAPTER 5.24 .WHICH MODIFYS ,THE CIT°Y'S REG- ULATIONS AS THEY PER TAIN TOWASSAGE BUSI- NES'SES . THE AMENDMENTS RECLAS- SIFY "MASSAGE BUSI- NESSES AS A PERSON- AL SERVICES USE AS DEFINED IN THE'HBZSO I AND REQUIRE MASSAGE TO-October 29, 2009 'TA N.PROFESSIONALS CERTIFICATION�BY THE STATE. THIS BRINGS THE. CITY'S 'REGULATIONS "INTO COMPLIANCE WITH. STATE LAW. PASSED,AND ADOPTED by the City Council of the City of Huntington declare, under penalty of perjury, that the meetganela o�ioee. . foregoing is true and correct. ing '11 c by the follow ng roll call vote:' 'AYES: Carchio, Dwyer, Green, Bohr, Coerper; Hansen NOES:None+ ABSTAIN:None Executed on October 29, 2009 ABSENT:Hardy THE FULL TEXT OF THE at Costa Mesa, California ORDINANCE IS. AVAIL- ABLE IN THE CITY CLERK'S OFFICE. Thls ordinance is effec- tive, 30 days after adoption. CITY OF HUNTINGTON BEACH Sign atu 000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 JOAN L.FLYNN; CITY CLERK Published I Huntington Beach Independent Oc- tober,29,2009 1005-016 City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK NOTICE OF ACTION October 7, 2009 Planning Department City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SUBJECT: ZONING TEXT AMENDMENT NO. 09-003 AMENDING CHAPTERS 204 AND 212 OF THE ZONING AND SUBDIVISION ORDINANCE AND CHAPTER 5.24 OF THE MUNICIPAL CODE PERTAINING TO MASSAGE BUSINESSES APPLICANT: City of Huntington Beach Planning Department 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide DATE OF ACTION: October 5, 2009 On Monday, October 5, 2009 the City Council of the City of Huntington Beach took action on your application and approved Zoning Text Amendment No. 09-003 with Findings for Approval, and approved for introduction Ordinance No. 3842 amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance relating to Use Classifications; and, approved for introduction Ordinance No. 3843 amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance relating to Industrial Districts. In addition, the City Council also approved for introduction Ordinance No. 3844 amending the Huntington Beach Municipal Code Chapter 5.24, relating to Massage Establishments. All the ordinances are scheduled to be adopted at the October 19, 2009 City Council meeting and become effective 30-days later on November 18, 2009. Attached to this letter are the Findings for Approval for ZTA 09-003, a draft copy of Ordinance Nos. 3842, 3843 and 3844, and pages 3 and 4 of the City Council Action Agenda relating to this item. If you have any questions, please contact Rosemary Medel, Associate Planner at (714) 374- 1684, or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, 490-) an L. Flynn, CM ity Clerk JM:pe Attachments - Findings for Approval, draft copies of Ordinance Nos. 3842, 3843 and 3844, Action Agenda pages 3 and 4 Sister Cities: Anjo, Japan © Waitakere, New Zealand (Telephone:714-536-5227) FINDINGS OF APPROVAL ZONING TEXT AMENDMENT NO, 09-003 FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 09-003: 1. Zoning Text Amendment No. 09-003 amending Chapters 204 Use Classifications and 212 Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan in compliance with State Law pursuant to Senate Bill 731 establishing certification criteria for Massage Therapy Professionals and consistent regulatory requirements for Massage Therapy Professionals conducting business in the City of Huntington Beach. 2. In the case of a general land use provision,the zoning text amendment is compatible with the . uses authorized in, and the standards prescribed for, the zoning district for which it is proposed because the State recognizes that a massage business is in the same service oriented business classification as other service oriented personal services, and therefore,the State assumes the responsibility of the licensing and regulating process for massage professionals throughout the State. 3. A community need is demonstrated for the change proposed because the certification process. recognized by zoning text amendment will enable consumers to identify credible professionals having obtained the appropriate training, licensing and testing to be designated as a Certified Massage Therapist or Practitioner. 4. Its adoption of these ordinances will be in conformity with public convenience, general welfare and good zoning practice. The text amendment would recognize current State law facilitates a standardization process throughout the city. The certification process recognized by the zoning text amendment will enable consumers to identify credible professionals having obtained the appropriate training, licensing and testing to be designated as a certified massage therapist or practitioner. AWARDS AND PRESENTATIONS Presentation - Mayor Bohr to invite members of the Centennial Celebration Committee members, Rev. Dr. Peggy Price, Father Christian Mondor and Bob Ewing, to talk about the Centennial Month of Celebrating 100 Years of Faith. Presentation - Mayor Bohr to call on Monica Stainer to present her with a commendation for winning Miss California's Outstanding Teen for 2009 - 2010 in a competition in Fresno, CA. Monica also competed in the Miss America's Outstanding Teen Scholarship Pageant in Orlando, Florida, and was named Fourth runner-up. Monica is a junior at Edison High School and has a GPA of 4.3. She has lived in HB her entire life and is Varsity Cheerleader and serves on the school's Associated Student Body board. Presentation - Mayor Bohr to call on Kelly Hill, Community Relations and Marketing Manager with the Fireman's Fund Heritage Grant to present a grant to the City's Fire Department and Marine Safety Division. PUBLIC COMMENTS (3 Minute Time Limit) 8 Speakers COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING CITY ADMINISTRATOR'S REPORT Seacliff Elementary School parking update PUBLIC HEARING 1. (City Council) Public hearing to consider approving for introduction Ordinance No. 3842 and Ordinance No. 3843 amending Zoning Text Amendment (ZTA) No. 09-003 Chapter 204 "Use Classifications" and Chapter 212 "Industrial Districts" of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to reclassify massage businesses as a Personal Services use pursuant to recent changes in State law; and, approve for introduction Ordinance No. 3844 amending Chapter 5.24 of the Huntington Beach Municipal Code (HBMC) relating to Massage Establishments. Recommended Action: a) Approve Zoning Text Amendment No. 09-003 with Findings for Approval, and approve for introduction Ordinance No. 3842, "An Ordinance of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Use Classifications;" and, approve for introduction Ordinance No. 3843, "An Ordinance of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Council/Agency Agenda—Monday, October 05, 2009 -3- Industrial Districts," and, b) Approve Municipal Code Amendment and approve for introduction Ordinance No. 3844, "An Ordinance of the City of Huntington Beach Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments." No late communications No speakers Approved 6-0-1 (Hardy absent) CONSENT CALENDAR (Items #2 through #6) 2. (City Council) Approve acceptance and authorize expenditure of the $42,450 Fireman's Fund Insurance Company Grant Award for the purchase of rescue and emergency medical equipment and wildland firefighting boots for the Fire Department. Recommended Action: Approve and authorize city staff to accept the Fireman's Fund Insurance Company Heritage Grant award and expend grant funds. Approved 6-0-1 (Hardy absent) 3. (City Council) Approve project plans and specifications and award Miscellaneous Service Contract in the amount of $43,220 to Golden State Constructors, Inc. for the construction of curb access ramps MSC-470; and, authorize the Mayor and City Clerk to execute contract in a form approved by the City Attorney. Recommended Action: a) Approve the project specifications; and, b) Accept the lowest responsive and responsible bid submitted by Golden State Constructors, Inc., in the amount of$43,220.00 for MSC-470; and, c) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Approved 6-0-1 (Hardy absent) 4. (City Council) Approve and authorize the Mayor and City Clerk to execute the agreement with Municipal Water District of Orange County (MWDOC) for participation in the Weather Based Irrigation Timer (Smart Timer) Rebate Program for single-family and commercial properties. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Agreement Between the City of Huntington Beach and the Municipal Water District of Orange County for Participation in the Weather Based Irrigation Timer (Smart Council/Agency Agenda—Monday, October 05, 2009 -4- ORDINANCE NO. 3842 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 204.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation,including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding,exercising, grooming,and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed,and air-conditioned. Grooming and temporary(maximum 30 days)boarding of animals are included, if incidental to the hospital use. 4. Animals: Retail Sales. Retail sales and boarding of small animals,provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use,and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers,headstones or monuments over such places of burial. 09-2153/35954 1 1-13 Ordinance No.3842 C. Artists'Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts,or skilled in an applied art or craft. ' D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing,wholesaling,or rental of building supplies or equipment. This classification includes lumber yards,tool and equipment sales or rental establishments,and building contractors'yards,but excludes establishments devoted exclusively to retail sales of paint and hardware,and activities classified under VehiclffAMipment Sales and Services. F. CateringServices. Preparation and delivery of food and beverages for off-site consumption without provision for on*site pickup or consumption. (See also Eating and Drinking Establitshntnten .) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters,sports stadiums and arenas,amusement parks,bowling alleys,billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks,golf courses,miniature golf courses, scale-model courses,shooting galleries,tennis/racquetball courts,health/fitness clubs,pinball arcades or electronic games centers, cyber cafd having more than 4 coin-operated game machines as regulated by Chapter 9.28;card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting,recording,and other communication services accomplished through electronic or telephonic mechanisms,but excluding Utilities(Major). This classification includes radio,television,or recording studios; telephone switching centers;telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 09-2153/35954 2 1-14 Ordinance No.3842 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancina. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off- site preparation and consumption. Typical uses include groceries, liquor stores,or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking_Establishments. 1. With Alcoholic Beverage Saps. Establishments where more than 10 percent of the floor area is devoted to sales,display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories,columbariums,mausoleums or mortuaries. N. Horticulture. The raising of fruits,vegetables, flowers, trees,and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services;or establishments with less than 2,000 square feet providing photographic, analytical,or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair,office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats;see(Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries,yacht brokerage and sales, boat yards,boat docks, and sail-making lofts. 09-2153/35954 3 1-15 Ordinance No.3842 R. Reserved. S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. T. Offices Business and Professional. Offices of firms or organizations providing professional, executive,management,or administrative services, such as architectural, engineering, graphic design,interior design,real estate,insurance,investment, legal,veterinary,and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use,but excludes banks and savings and loan associations. U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. V. Personal Enrichment Services. Provision of instructional services or facilities,including photography,fine arts,crafts, dance or music studios,driving schools,business and trade schools,and diet centers, reducing salons,fitness studios, and yoga or martial arts studios W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses,tailors,shoe repair shops,dry-cleaning businesses(excluding large-scale bulk cleaning plants),photo- copying, self-service laundries,and massage as regulated by Chapter 5.24. X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories,but excludes manufacturing, except of prototypes,or medical testing and analysis. Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores,drug stores,clothing stores, and furniture stores, .and businesses retailing the following goods: toys,hobby materials, handcrafted items,jewelry, cameras,photographic supplies,medical supplies and equipment,electronic equipment,records, sporting goods, surfing boards and equipment,kitchen utensils,hardware, appliances,antiques, art supplies and services,paint and wallpaper, carpeting and floor covering,office supplies,bicycles,and new automotive parts and accessories(excluding service and installation). Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances,but includes junk shops. 09-2153/35954 4 1-16 Ordinance No.3842 AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. BB. Swap Meets,Indoor/Flea Markets. An occasional,periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. CC. Swap Meets,Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours,conducted by a sponsor on a more than twice yearly basis. DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. EE. Ttavel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. FF. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles,including storage and incidental maintenance,but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing: Washing,waking,or cleaning of automobiles or similar light vehicles. 3. Commercial Parkin Facil' Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas,diesel fuel,lubricants,parts,and accessories. This classification includes incidental maintenance and minor repair of motor vehicles,but excluding body and fender work or major repair of automobiles,motorcycles, light and heavy trucks or other vehicles. 5. VehiclelEctuipment Rgg ir. Repair of automobiles, trucks, motorcycles,mobile homes,recreational vehicles, or boats, including the sale,installation, and servicing of related equipment and parts. This classification includes auto repair shops,body and fender shops,transmission shops,wheel and brake shops,and tire sales and installation,but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles,including brakes,muffler,tire shops, oil and lube,and accessory uses,but excluding body and fender shops,upholstery,painting,and rebuilding or reconditioning of vehicles. 6. Vehicle/Eguipment Sales and Rentals. Sale or rental of automobiles,motorcycles,trucks,tractors,construction or 09-2153/35954 5 1-17 Ordinance No.3842 agricultural equipment,manufactured homes,boats, and similar equipment,including storage and incidental maintenance. 7. Vehicle Storag_e,. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period,including,but not limited to,the storage of parking tow aways,impound yards,and storage lots for automobiles,trucks,buses and recreational vehicles, but not including vehicle dismantling. GG. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi- family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite"hotels may have kitchens in all units. This classification includes eating,drinking, and banquet service associated with the facility. 3. Condominium—Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms(units)within the larger building or complex is in the form of separate condominium ownership interests,as defined in California Civil Code section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round,while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms(units)within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. II. Quasi Residential 09-2153/35954 6 1-18 Ordinance No.3842 I. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms,or kitchen facilities for the exclusive use of guests,and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any arrangement,plan,or similar program,other than an exchange program,whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year,on a recurring basis for more than one year,but not necessarily for consecutive years. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the _ day of _- , 2009• Mayor ATTEST: APP D AS TO FORM: City Clerk ity Attorney Dtz -4-46ct REVIEt APPROVED: INITI CED AND APPROVED: City AffboUtrator Director of Planrung glOhl/Amend ZSO 204 7 1-19 ORDINANCE NO. 3843 AN ORDINANCE OF THE CITY OF HUNTING`1`ON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls in the following schedules,letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the"Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA"designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use,but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 09-2153/35953 1 1-21 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional P_xovisns) LAND USE PC- Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit PACT-Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC W Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA Heliports PC PC (0) Maintenance&Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities,Major PC PC Utilities,Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance.Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists'Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating&Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food&Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business&Professional L-1 L-1 (H) 09-2153/35953 2 1-22 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional_provisions) LAND USE PC- Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U-Requires conditional use permit on site of conditional use Not Permitted Additional ICY IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Quasi Residential PC PC (1C) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapter 5.60) Swap Meets,Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales&Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip.Sales/Rentals L-5 L-5 Vehicle Storage P ZA (1) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry,Custom P P Industry,General P P Industry,Limited P P Industry;R&D P P Wholesaling,Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming,Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) 09-2153/35953 3 1-23 Ordinance No.3843 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project,subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space,whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use,after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile,truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted;recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95%of the floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. L-10 RESERVED 09-2153/35953 4 1-24 Ordinance No.3843 IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet (500')from any residential use,school,park and recreational facility, or any building used for religious assembly(collectively referred to as a"sensitive use")and at least seven hundred fifty feet(750')from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term"residential use"means any property zoned RL,RM, RMH,RH,RMP,and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: 1. the lot line of any other sex oriented business within seven hundred fifty feet(750')of the lot line of the proposed sex oriented business;and 2. the lot line of any building used for religious assembly, school,or park and recreational facility within five hundred (500')feet of the lot line of the proposed sex oriented business;and 3. the lot line of any parcel of land zoned RL,RM,RMH,RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500')of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major,primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996,with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A,a technical site plan,floor plans and building elevations,and application fee. Within ten(10)days of submittal,the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10)days. Within thirty days of receipt of a completed 09-2153/35953 5 1-25 Ordinance No.3843 application,the Director shall determine if the application complies with the applicable development and performance standards of the IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203,Definitions; Chapter 212,Industrial Districts; Chapter 230,Site Standards;Chapter 231,Off-Street Parking &Loading Provisions; Chapter 232, Landscape Improvements;and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language,photographs,silhouettes,drawings, statues, monuments,sign shapes or sign projections,or other graphic representations,whether clothed or unclothed, Including without limitation representations that depict"specified anatomical areas"or "specified sexual activities";and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i)cause notice of the application to be printed in a newspaper of general circulation;and(ii)give mailed notice of the application to property owners within one thousand(1000)feet of the proposed location of the sex oriented business;and the City of Huntington Beach,Department of Community Development by first class mail. 09-2153/35953 6 1-26 Ordinance No.3843 The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business,including street address(if known)and/or lot and tract number; 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; IG AND IL Districts: Additional Provisions(continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: l. Construction has commenced or a Certificate of Occupancy has been issued,whichever comes first;or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use,or exterior alterations and additions for an existing use located within 150 feet of an R district. The 09-2153/35953 7 1--27 ------------ Ordinance No.3843 Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (D) Adjunct office and commercial space,not to exceed 25 percent of the floor area of the primary industrial use,is allowed with a conditional use permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use,no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site,and the primary industrial fronts on an arterial. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236:Nonconforming Uses and Structures. IG AND IL Districts: Additional Provisions(continued) (I) Medical/dental offices,insurance brokerage offices,and real estate brokerage offices,except for on-site leasing offices,are not permitted in any I District. Administrative,management,regional or headquarters offices for any -permitted industrial use,which are not intended to serve the public,require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R.district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) Limited to: Single Room Occupancy uses(See Section 230.46). 09-2153/35953 8 1-28 Ordinance No.3843 (L) Limited to Emergency Shelters. (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area;or additions equal to or greater than 50%of the existing building's floor area;or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g.,increased noise,traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-11(A)relating to locational restrictions. IG AND IL Districts: Additional Pr0visi0ns(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department,Public Works Department, and Fire Department and the Planning Director. (in Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. 09-2153/35953 9 1-29 Ordinance No.3843 SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2009. Mayor ATTEST: JAPP;VED AS TO FORM: City Clerk orney DyA ""1.D,d9 REVIE APPROVED: IN D AND APPROVED: l 4A4M#7,;� City ' trator Dire r of P g g/Ohl/Amend ZSO Ch 212 10 1-30 ORDINANCE NO. 3844 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 5.24.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.010 Definitions. Unless the particular provision or the context otherwise requires,the definitions and provisions contained in this section shall govern the construction,meaning and application of words and phrases used in this chapter. (a) "Massage"or"massage therapy"means any method of pressure on,or friction against or stroking,kneading,rubbing,tapping,pounding,vibrating,or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance,or with or without supplementary aids such as rubbing alcohol,liniment,antiseptic,oil,powder, cream, ointment,or other similar preparations commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual,fret,association,partnership,corporation,or combination of individuals,engages in, conducts, carries on or permits to be engaged in, conducted or carried on,massages,baths,or health treatments involving massage or baths. (c) "Massage therapist,""bodyworker,""bodywork therapist,"or"massage and bodywork therapist"means a person who is certified by the Massage Therapy Organization under Subdivision(c)of Section 4601 of the California Business and Professions Code, and who administers massage for compensation. (d) "Massage practitioner,""bodywork practitioner,"or"massage and bodywork practitioner"means a person who is certified by the Massage Therapy Organization under Subdivision(b) of Section 4601 of the California Business and Professions Code,and who administers massage for compensation. (e) "Organization"means the Massage Therapy Organization created pursuant to Sections 4600-4620 of the California Business and Professions Code. (f) For purposes of this Chapter,the terms"massage"and"bodywork"shall have the same meaning. (g) "Owner"means the individual(s)whose name appears on the City of Huntington Beach business license. 09-2207/37244 1 1-61 Ordinance No.3844 (h) "Operator"means the individual who manages the massage establishment. Evidence of management includes but is not limited to evidence that the individual has power to direct or hire and dismiss employees,control hours of operation,create policy or rules or purchase supplies.An operator may also be an owner. (i) "Certified"shall mean any valid certificate issued in accordance with Sections 2600 through 4620 of the California Business and Professions Code. (j) "Compensation"shall mean the payment,loan,advance,donation,contribution, deposit,or gift of money or anything of value. SECTION 2. Section 5.24.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.020 Massage certification required. It.shall be unlawful for any person, association,partnership,corporation or other entity to engage.in, conduct or carry on, permit to engage in,in or upon any premises within the City of Huntington Beach the business of providing massages in exchange for compensation without being currently certified as a massage practitioner or massage therapist by the California Massage - Therapy Organization in accordance with Sections 4600 through 4620 of the California Business and Professions Code. Certification by the Massage Therapy Organization must be obtained by March 1,2010. SECTION 3. Section 5.24.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.030 Massage establishment or services—Business License required. (a) Any person,association,corporation,partnership or other entity desiring to operate a massage establishment or provide massage services shall apply for a business license and provide the following relevant information: 1. Full name of certificate holder 2. Date of birth 3. State issued identification number(if applicable) 4. Social Security Number 5. Home address and phone number 6. Work address and phone number 7. Color photograph of the certificate holder 8. Proof of State certification for those who will provide massage services (b) Prior to submitting the massage business license application, the fees as established by resolution of the City Council shall be paid to the City of Huntington Beach. (c) The application for the massage business license does not authorize operation of a massage establishment or performing massage services until the business license is issued. (d) It shall be the responsibility of each massage business owner or operator to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. 09 2207/37244 2 1-62 Ordinance No.3844 (e) It shall be the responsibility of each massage business owner or operator to notify the City of any intention to rename,change management, or convey the business to another person. SECTION 4. Section 5.24.040 of the Huntington Beach Municipal Code is hereby repealed. SECTION 5. Section 5.24.050 of the Huntington Beach Municipal Code is hereby repealed. SECTION 6. Section 5.24.060 of the Huntington Beach Municipal Code is hereby repealed. SECTION 7. Section 5:24.070 of the Huntington Beach Municipal Code is hereby repealed. SECTION 8. Section 5.24.090 of the Huntington Beach Municipal Code is hereby repealed. SECTION 9. Section 5.24.100 of the Huntington Beach Municipal.Code is hereby repealed. SECTION 10. Section 5.24.110 of the Huntington Beach Municipal Code is hereby repealed. SECTION 11. Section 5.24.125 of the Huntington Beach Municipal Code is hereby repealed. SECTION 12. Section 5.24.130 of the Huntington Beach Municipal Code is hereby repealed. SECTION 13. Section 5.24.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.150 Exemptions. Exemptions do not apply to independent contractors of the listed exempted professionals. The provisions of this chapter shall not apply to the following classes of individuals or groups while engaged in or performing the duties of their respective professions: (a) Physicians, surgeons, chiropractors,osteopaths, acupuncturists, and physical therapists duly licensed to practice in the state of California. (b) Hospitals,nursing homes, sanitariums;or other health care facilities duly licensed by the state of California,provided that at all times such physicians,surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law which govern this field. (c) Registered or licensed vocational nurses duly registered by the state of California. (d) Barbershops and beauty parlors,barbers and beauticians but only when engaged in the practice for which they are licensed by the state of California i.e.,massage above the neck and shoulders,hands and arms and below the knee. 09-2207/37244 3 1-63 Ordinance No.3844 {e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395-11179) (g) No employed or independent contractor massage technician may administer massage or otherwise treat or care for patients other than patients of the practitioner and those patients must have been prescribed massage therapy by a practitioner listed in this section prior to the administration of the massage therapy. (h) Physical Therapist students,and Massage Therapist students earning practical hours for school/education,and who are currently enrolled in a licensed program for Physical Therapy,through a recognized school/education center,can work,under the direct supervision of an exempted professional as defined in this section. Direct supervision means that an exempted professional, as defined in this section, must be present at all times when a student is performing their duties. SECTION 15. Section 5.24.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.160 Massaae establishment-Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign-subject to applicable provisions of the City's codes,a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Li tin -minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and,in addition,at least one artificial light of not less than forty (40)watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. (c) Equipment-adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (d) Water-hot and cold running water shall be provided at all times. (e) Linen storage-closed cabinets shall be provided and utilized for storage of clean linens,and approved receptacles shall be provided for the deposit of soiled linen. (f) SWAration of sexes-if male and female patrons are to be served simultaneously at the massage establishment,a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. (g) Massage table pads-pads used on massage tables shall be covered in a professional manner with durable,washable plastic or other waterproof material acceptable to Orange County Health Department. 09-2207/37244 4 1-64 Ordinance No.3844 SECTION 16. Section 5.24.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.170 Massage establishment operation. Every massage establishment shall comply with the following operating requirements: (a)(1) Each person employed or acting as a massage therapist or massage practitioner shall have a valid certificate issued by the Massage Therapy Organization, a clearly legible copy of which shall be conspicuously posted in the room or location where massage services will be provided. (2) It is unlawful for the owner,operator,responsible managing employee, manager or certificate holder in charge of or in Control of the massage establishment to employ or permit a person to act as a massage therapist_or massage practitioner who does not possess a valid massage therapist-or massage practitioner certificate issued by the Massage Therapy Organization. (3) No business,except those exempted under Section 5.24.150 herein,may employ anyone to provide massage or allow anyone to massage unless the massage provider possesses a valid massage certificate issued by the Massage Therapy Organization. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 9 p.m. A massage began any time before 9 p.m.must nevertheless terminate at 9 p.m. No person,whether certified or not,may provide massage in exchange for compensation after 9 p.m. (c) A list of services shall be posted in an open,public place on the premises, and shall be described in readily understood language. No owner,operator, responsible managing employee,manager or certificate holder shall permit, and no massage therapist or massage practitioner shall offer to perform any services other than those posted. (d) Any massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the Massage Therapy Organization. (e) Each massage therapist and massage practitioner shall wear a name tag while administering a massage and which shall be worn on outer clothing and be clearly visible. The massage therapist and massage practitioner shall not use any name other than specified on their certificate while on duty. (f) Massage therapists and massage practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque,non-transparent material and provide the complete covering from mid-thigh to three (3)inches below the collar bone. (g) Areas where massages are to be performed shall be separated by a non- lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a"peep hole"or any other device that allows anyone to see into or out of this room when the door is closed. 09-2207/37244 5 1-65 Ordinance No.3844 (h) Towels and linens shall not be used on more than one(1)patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one(1)patron. (i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments,toilet rooms 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 Department. Bathtubs shall be thoroughly cleaned-after each use. All walls,ceilings,floors,and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (j) Instruments utilized in performing massage shall not be used on more than one(1)patron unless they have been sterilized using approved sterilizing methods. (k) Where a covering is furnished by the massage establishment,it shall not be used by more than one(1)patron until it has first been laundered and disinfected. (1) The owner or operator of the massage establishment shall keep a complete and current list-of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment,and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter. (m) Every massage establishment shall keep a written record of the date and hour of each treatment administered,the name and address of each patron,the name of the massage therapist or massage practitioner administering treatment,and the type of treatment administered,to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two(2)years. (n) No part of the massage establishment shall be used for residential or sleeping purposes. (o) No person shall enter;be,or remain in any part of a massage establishment while in the possession of,consuming,or using any alcoholic beverage or drug except a prescription drug. The responsible owner,operator,managing employee,manager or permittee shall not permit any such person to enter or remain upon such premises. (p) Every massage establishment shall be open at all times during hours during which massage is being provided for inspection by any officer of the City of Huntington Beach. (q) All doors leading into a massage establishment or area where massages are being performed shall remain unlocked during business hours unless there is no staff available to assure security for clients and massage staff'who are behind closed doors. 09-220757244 6 1-66 Ordinance No.3844 (r) No massage establishment shall simultaneously operate as a school of massage,or share facilities with a school of massage. SECTION 17. Section 5.24.190 of the Huntington Beach Municipal Code is hereby repealed. SECTION 18. Section 5.24.200 of the Huntington Beach Municipal Code is hereby repealed. SECTION 19. Section 5.24.210 of the Huntington Beach Municipal Code is hereby repealed. SECTION 20. Section 5.24.220 of the Huntington Beach Municipal Code is hereby repealed. SECTION 21. Section 5.24.225 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.225 Outeall Massanes. No outcall massage,which is a massage in a private residence or at a location which does not regularly provide or permit massage,shall be conducted in a hotel or motel room,or in the private residence of the certificate holder. No outcall massage may be provided in a private residence or business not regularly providing massage services between 7 p.m. and 8 a.m. SECTION 22. Section 5.25.230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.230 Prohibited conduct. (a) A massage therapist or massage practitioner shall not violate the provisions of Sections 647(a)and(b)of the California Penal Code,or any other state law involving a crime of moral turpitude,and such practices shall not be allowed or permitted by anyone. (b) A massage therapist or massage practitioner shall be fully clothed at all times and shall not expose their genitals,pubic area,buttocks,or in the case of female therapists or practitioners,their breasts, and such practices shall not be allowed or permitted by anyone. (c) A massage therapist or massage practitioner shall not massage a person of one sex within the view of a patron of the opposite sex,and such practice shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the opposite sex. (1) This subsection shall not apply if all involved patrons are fully clothed, excluding socks or stockings. (2)No more than one male and one female may consent to be massaged in the same treatment room,and no more than two members of the same sex may consent to be massaged in the same treatment room. (3)No person under the age of 18 may consent to a massage in the presence of another unless the other person is the minor's parent or legal guardian. 09 2207/3720 7 1--67 Ordinance No.3844 (d) A massage therapist or massage practitioner shall not massage,fondle,or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. (e) A massage therapist or massage practitioner shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered,and such practices shall not be allowed or permitted by anyone. SECTION 23. Section 5.24.235 of the Huntington Beach Municipal Code is added to read as follows: 5.24.235 Resllonsibility. The owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. 5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of MISDEMEANOR,punishable by a fine of one-thousand dollars($1,000)or by imprisonment in the county jail for a period not to exceed six(6)months,or by both such fine and imprisonment. SECTION 24. Section 5.24.250 of the Huntington Beach Municipal Code is hereby repealed. SECTION 25. Section 5.24.260 of the Huntington Beach Municipal Code is hereby repealed. SECTION 26. Section 5.24.270 of the Huntington Beach Municipal Code is hereby repealed. SECTION 27. Section 5.24.275 of the Huntington Beach Municipal Code is hereby repealed. SECTION 28. Section 5.24.285 of the Huntington Beach Municipal Code is hereby repealed. 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions,proceeding or proceedings for abatement,removal or enjoinment thereof,in the manner provided by law. The City Attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 09 2207/37244 8 1-68 Ordinance No.3844 SECTION 29. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City-of Huntington Beach at a regular meeting thereof held on the day of ,200�. Mayor ATTEST: APP VED AS TO FORM: Cl Clerk Ci Attorney Dcoate REV IE D APPROVED: INITIATED A14D APPROVED: C' Kdfinistrator Police Chief 09 2207/37244 9 1-69 OAA�A)A;K *3F�Za z03-W3 'x �,3JP Council/Agency Meeting Held: /o -s -mod Deferred/Continued to ld ll/;2 9 Approve ❑�Conditi�o-nnal Approved ❑ Denied �s ity�C erk's ignat r Council Meeting Date: 10/5/2009 Departme JIDNumber: PL 09-19 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN I MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRA PREPARED BY: SCOTT HESS, DIRECTOR OF PLANNI t1 c, u KENNETH W. SMALL, CHIEF OF POLICE cr/ C-Uic>- SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 09-003 AND AMENDMENTS TO MUNICIPAL CODE (MASSAGE REGULATIONS) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is Zoning Text Amendment No. 09-003 to amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Chapters 204 and 212 and amendments to Municipal Code Chapter 5.24 to modify the City's regulations as they pertain to massage businesses. The proposed amendments reclassify "massage businesses" as a Personal Services use as defined in the HBZSO and require massage professionals to obtain certification by the State. The Planning Commission and staff recommend approval to bring the City's regulations into compliance with State law. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Zoning Text Amendment No. 09-003 with findings for approval (ATTACHMENT NO. 1) and adopt Ordinance No. 3842 An Ordinance of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Use Classifications, and adopt Ordinance No. 3843 , An Ordinance of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Industrial Districts (ATTACHMENT NO. 2);* and" REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL 09-19 2. Approve Municipal Code Amendment and adopt Ordinance No. 3844 An Ordinance of the City of Huntington Beach Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments (ATTACHMENT NOA)." *Note: Motion #1 was reviewed and approved by the Planning Commission on September 9, 2009: THE MOTION MADE BY SCANDURA, SECONDED BY DELGLEIZE TO APPROVE ZONING TEXT AMENDMENT NO. 09-003 WITH FINDINGS FOR APPROVAL (ATTACHMENT NO. 1) CARRIED BY THE FOLLOWING VOTE: AYES: SPEAKER, MANTINI, FARLEY, SHIER-BURNETT, SCANDURA, LIVENGOOD, DELGLEIZE NOES: NONE ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Zoning Text Amendment No. 09-003 with Findings for Denial and do not approve the Ordinance amending the Municipal Code." 2. "Continue Zoning Text Amendment No. 09-003 and the Municipal Code changes and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide Zoning Text Amendment No. 09-003 represents a request to amend Chapter 204 (Use Classifications) and Chapter 212 (Industrial Districts) of the Huntington Beach Zoning and Subdivision Ordinance. Zoning Text Amendment No. 09-003 would implement changes to allow massage establishments in the Commercial and Industrial zones as Personal Services uses. The legislative draft is provided in Attachment No. 3 and includes the following: G:\RCAs\2009\PL09-19 (Massage Ord-Revised).doc -2- 9/23/2009 10:50 AM REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL. 09-19 ➢ Amends Chapter 204, Section 204.10 Commercial Use Classifications (V) Personal Enrichment Services, deleting massage as a Personal Enrichment Services use. ➢ Amends Chapter 204, Section 204.10 Commercial Use Classifications (W) Personal Services, adding massage as a Personal Service Use, as regulated by Chapter 5.24. ➢ Amends Chapter 204, Section 204.10, (AA) Sex Oriented Businesses, deleting reference to Chapter 5.24 of the Huntington Beach Municipal Code. ➢ Amends Chapter 212 Industrial Districts, Section 212.04 Sex Oriented Businesses deleting reference to Chapter 5.24 of Huntington Beach Municipal Municipal Code Amendment represents the necessary amendments to the HB Municipal Code to comply with State Law pursuant to SB 731, which transfers the licensing authority for massage businesses from individual cities to the State. The legislative draft is provided in Attachment No. 5. The proposed Zoning Text Amendment and the amendment to the Municipal Code were initiated by the City in response to recent legislation, described below, that allows for a Statewide certification process. B. BACKGROUND In September of 2008, Governor Schwarzenegger signed Senate Bill 731 into law, creating the California Massage Therapy Council (CAMTC) which is tasked with the mission of establishing uniform regulatory and licensing procedures for massage therapists and practitioners in the State. Under the guidelines of this bill, cities can adopt the licensing authority of the CAMTC, and therapists can voluntarily choose to be certified by the State. The intent of SB 731 is to create a voluntary certification process for the massage therapy profession that will enable consumers to easily identify credible certified massage therapists, regulated and monitored by CAMTC. It further assures that certified massage therapists have completed sufficient training at approved schools. There will be two types of massage therapy certification programs: Massage Technicians and Practitioners, with the difference being in practical educational hours of 250 for Technicians and 500 for Practitioners. In addition, the certification process requires further classroom education including anatomy and physiology. The most difficult obstacle for therapists throughout the State has been that there are no consistent state-wide standards with respect to licensing, continuing education and enforcement in the massage therapy field. Today, the certification criteria varies for each city, however, most require certain basics such as fingerprinting and training verification. In comparison, the new State certification process will require fingerprinting, Department of Justice (DOJ) review, as well as background qualifications similar to other service licensing requirements. G:\RCAs\2009\PL09-19 (Massage Ord-Revised).doc -3- 9/23/2009 10:50 AM REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL.09-19 To comply with State law, the City is proposing changes to the Huntington Beach Zoning and Subdivision Ordinance and the Huntington Beach Municipal Code, which regulate massage and massage establishments. A community meeting was held on August 19, 2009, to introduce the pending Zoning Text Amendment and promote a discussion regarding the provisions of the State Law requiring the amendment. The majority consensus was that business owners and massage professionals were in favor of the certification process. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: The Planning Commission held a study session on August 25, 2009, to discuss the proposed code amendments. The Planning Commission held a public hearing on September 9, 2009, regarding the Zoning Text Amendment. Information about the Municipal Code changes was also made available at this time. The Planning Commission inquired about the practical training required by the certification process outlined by the State. Staff explained that, while the particular requirements were not known, the required hours of classroom study and practical experience would most likely be similar to the licensing for Cosmetologist, which requires hands-on practical training experience as part of their curriculum. The Commission also asked which laws are enforced to control prostitution in massage establishments. The Police Department stated that they will continue to monitor massage establishments and enforce applicable State laws and the Municipal Code. There were no speakers who spoke in favor or against the proposed amendments. D. STAFF ANALYSIS AND RECOMMENDATION: Presently in the State of California, each city establishes licensing criteria regulating massage therapy businesses and the certification process. In the City of Huntington Beach, licensing criteria can be found in Chapter 5.24 of the Huntington Beach Municipal Code. In conjunction with the licensing are the zoning requirements, which stipulate the locations for massage businesses. Use Classification Change The City's Zoning and Subdivision Ordinance currently allows massage businesses in Commercial and Industrial areas. This overall provision will not change with the proposed Zoning Text Amendment. The HBZSO also currently classifies massage businesses as either a Sexually Oriented Business (SOB) or a Personal Enrichment Service established as an ancillary use (secondary use to a primary business) only. For example, ancillary massage businesses are located in health clubs, fitness studios, reducing salons, or spas. The proposed Zoning Text Amendment would change the classification of massage business from a Personal Enrichment Services use to a Personal Services use. Personal Services businesses include barber and beauty shops, seamstresses, tailors, shoe repair shops, dry- cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying, and self- service laundries. G:\RCAs\2009\PL09-19(Massage Ord-Revised).doc -4- 9/23/2009 10:55 AM REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL 09-19 The effect of this change in classification in the Zoning and Subdivision Ordinance is twofold. First, it results in the removal of the square footage restriction for massage businesses in the Commercial Zones, which were classified as Personal Enrichment Service uses. Presently, the City imposes a not-to-exceed 50 percent of the lease space square footage restriction on massage businesses. Because the CAMTC will conduct thorough background checks with the Department of Justice and have the regulatory means to revoke licensing, the City agrees with the State that from a land use perspective the limits on size are not needed. Second, by eliminating massage businesses from the Sexually Oriented Business classification and reclassifying them as Personal Services, in Industrial areas, massage businesses will only be allowed in conjunction with a mixed use project, similar to all other Personal Services establishments. This change will limit the location options for future massage businesses in industrial areas as there are limited mixed-use industrial developments or development opportunities in the city. Municipal Code Changes Representatives from the City Attorney's Office, Police Department, and Planning Department have concurrently drafted changes to Huntington Beach Municipal Code Chapter 5.24. The Municipal Code will require that all massage establishments or businesses obtain State certification. The amendment to Chapter 5.24 of the Huntington Beach Municipal Code reflects what the Police Department believes is pertinent. The deleted text from Chapter 5.24 of the HBMC is replaced with the regulations listed in SB 731. This transfers the licensing and monitoring responsibility from the City to the State. The City by right will now require that anyone desiring to conduct a massage establishment or business in the City of Huntington Beach obtain State massage certification. State Certification Process Under the new state law, a City may adopt land use and zoning requirements applicable to massage therapists, practitioners or businesses, provided these requirements are no different than the requirements uniformly applied to other professional or personal services businesses. Under the new State law, once a massage therapist or practitioner is certified they must be treated the same as any other Personal Service business. However, this only is applicable to massage businesses that obtain state certification. State Law allows cities the authority to regulate those massage businesses that are not certified. The City of Huntington Beach has decided to regulate the non-certified massage businesses by requiring certification thereby having one standard that applies to all massage businesses/practitioners citywide. This effort will create consistency in the application of rules and regulations. The bill allows cities to adopt reasonable health and safety requirements. G:\RCAs\2009\PL09-19(Massage Ord-Revised).doc -5- 9/23/2009 10:50 AM REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL 09-19 Upon adoption of the City's ordinance by the City Council, all existing and new massage therapists and practitioners conducting business in Huntington Beach or desiring to practice in Huntington Beach will have until March 1, 2010, to obtain certification from the CAMTC to continue to have or establish a valid massage business license in the City of Huntington Beach. E. SUMMARY Zoning Text Amendment No. 09-003 amends Chapter 204 Use Classifications and Chapter 212 Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance. Staff recommends that the City Council approve Zoning Text Amendment No. 09-003 and the amendment to Chapter 5.24 Massage Establishments of the Huntington Beach Municipal Code for the following reasons: ■ Amendments will comply with State Law provisions under Senate Bill 731, which limits land use restrictions on massage businesses complying with the State certification process. ■ Amendments will allow massage businesses in the City to use the new State process, which will enable consumers to identify credible professionals having obtained the appropriate training, licensing and testing to be designated as a certified massage therapist or practitioner. Strategic Plan Enhance Economic Development: The amendments to the ZSO regulating Massages businesses will create a consistent licensing process in the City of Huntington Beach that will assist existing and new businesses. Environmental Status: The proposed project is categorically exempt pursuant to the City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. G:\RCAs\2009\PL09-19(Massage Ord-Revised).doc -6- 9/23/2009 10:50 AM REQUEST FOR ACTION MEETING DATE: 10/5/2009 DEPARTMENT ID NUMBER:PL 09-19 Attachment(s): NumberCity Clerk's, Page • D6s'aiption 1. Suggested Findings for Approval 2. Ordinance No. 3842 , An Ordinance of the City of Huntington Beach Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Use Classifications and Ordinance No. 3843 , An Ordinance of the City of Huntington Beach Amending Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Industrial Districts 3. Legislative Drafts (Chapters 204 and 212 HBZSO) 4. Ordinance No. 3844 , An Ordinance of the City of Huntington Beach Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments 5. Legislative Draft (Chapter 5.24 HBMC) 6. Planning Commission Staff Report dated September 9, 2009 7. Power Point Presentation G:\RCAs\2009\PL09-19(Massage Ord-Revised).doc -7- 9/23/2009 10:50 AM ATTACHMENT # 1 ATTACHMENT NO. 1 SUGGESTED FINDINGS OF APPROVAL, ZONING TEXT AMENDMENT NO, 09-003 SUGGESTED FINDINGS FOR APPROVAL, -ZONING TEXT AMENDMENT NO. 09-003: 1. Zoning Text Amendment No. 09-003 amending Chapters 204 Use Classifications and 212 Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance is consistent with the goals, objectives,policies, general land uses and programs specified in the General Plan and any applicable specific plan in compliance with State Law pursuant to Senate Bill 731 establishing certification criteria for Massage Therapy Professionals and consistent regulatory requirements for Massage Therapy Professionals conducting business in the City of Huntington Beach. 2. In the case of a general land use provision,the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for,the zoning district for which it is proposed because the State recognizes that a massage business is in the same service oriented business classification as other service oriented personal services, and therefore,the State assumes the responsibility of the licensing and regulating process for massage professionals throughout the State. 3. A community need is demonstrated for the change proposed because the certification process recognized by zoning text amendment will enable consumers to identify credible professionals having obtained the appropriate training, licensing and testing to be designated as a Certified Massage Therapist or Practitioner. 4. Its adoption of these ordinances will be in conformity with public convenience, general welfare and good zoning practice. The text amendment would recognize current State law facilitates a standardization process throughout the city. The certification process recognized by the zoning text amendment will enable consumers to identify credible professionals having obtained the appropriate training;licensing and testing to be designated as a certified massage therapist or practitioner. Attachment No. 1 ATTACHMENT #2 ORDINANCE NO. 3842 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 204 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO USE CLASSIFICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION l. Section 204.10 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. B. Animal Sales and Services. l. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of 48 hours. 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas. 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. 09-2153/35954 1 Ordinance No.3842 C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities. 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards,tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. F. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs,pinball arcades or electronic games centers, cyber cafe having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. I. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. 09-2153/35954 2 Ordinance No.3842 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. b. Limited. Establishments that do not serve persons in vehicles or at a table. 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. K. Food and Beverage Sales. Retail sales of food and beverages for off- site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. O. Laboratories. Establishments providing medical or dental laboratory services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. 09-2153/35954 3 Ordinance No.3842 R. Reserved. S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal,veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. V. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses,tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo- copying, self-service laundries,and massage as regulated by Chapter 5.24. X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies, medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. 09-2153/35954 4 Ordinance No.3842 AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; and figure model studios as regulated by Chapter 5.60. BB. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. CC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. EE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. FF. Vehicle/Equipment Sales and Services. 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes,recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops,wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler, tire shops, oil and lube, and accessory uses,but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or 09-2153/35954 5 Ordinance No. 3842 agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. 7. Vehicle Storaize. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including, but not limited to, the storage of parking tow-aways, impound yards, and storage lots for automobiles,trucks, buses and recreational vehicles, but not including vehicle dismantling. GG. Visitor Accommodations. 1. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi- family dwelling or a building of residential design,with incidental eating and drinking service for lodgers only provided from a single kitchen. 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. 3. Condominium—Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units)within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. II. Quasi Residential 09-2153/35954 6 Ordinance No.3842 1. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. 2. Single Room Occu anc . Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. 3. Timeshare. Any arrangement,plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2009. it, Af ayor ATTEST: APP D AS TO FORM: Clerk 4F ity Attorney btz -it-Lx6c( REVIE APPROVED: INITI ED ND APPROVED: City 1#41iltrator Director of Plammng g/Ohl/Amend ZSO 204 7 Ord. No. 3842 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 5,2009, and was again read to said City Council at a regular meeting thereof held on October 19, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen NOES: None ABSENT: Hardy ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 29,2009. In accordance with the City Charter of said City Joan L. Flynn City Cler Ca Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ORDINANCE NO. 3843 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 212 OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO INDUSTRIAL DISTRICTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 212.04 IG and IL Districts: Land Use Controls In the following schedules, letter designations are used as follows: "P" designates use classifications permitted in the I districts. "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator. "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. Use classifications that are not listed are prohibited. Letters in parentheses in the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. 09-2153l35953 1 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M) Community and Human Service Facilities PC PC (L) Day Care, General ZA ZA Heliports PC PC (0) Maintenance & Service Facilities ZA ZA Public Safety Facilities P P Religious Assembly ZA ZA Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA Animal Hospitals ZA ZA Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 Eating & Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U) Food& Beverage Sales ZA ZA Hospitals and Medical Clinics - PC Laboratories P P Maintenance & Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business & Professional L-1 L-1 (H) 09-2153/35953 2 Ordinance No.3843 IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA - Conditional use permit approved by Zoning Administrator TU- Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) Personal Services L-1 L-1 Quasi Residential PC PC (K) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (regulated by HBMC Chapter 5.70) Sex Oriented Businesses PC PC (R) (regulated by HBMC Chapter 5.60) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R& D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) Real Estate Sales P P Trade Fairs P P (E) Nonconforming Uses (F) 09-2153/35953 3 Ordinance No. 3843 IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: Minimum site area: 3 acres Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet,the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space,whichever is greater. L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free-standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. L-5 No new or used automobile, truck or motorcycle retail sales are permitted. L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5%may be occupied by secondary tenants. L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. L-10 RESERVED 09-2153/35953 4 Ordinance No. 3843 IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: A. A proposed sex oriented business shall be at least five hundred feet (500') from any residential use, school,park and recreational facility, or any building used for religious assembly(collectively referred to as a "sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: 1. the lot line of any other sex oriented business within seven hundred fifty feet(750') of the lot line of the proposed sex oriented business; and 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred (500') feet of the lot line of the proposed sex oriented business; and 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet (500') of the lot line of the proposed sex oriented business. B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete, the applicant may resubmit a completed application within ten(10)days. Within thirty days of receipt of a completed 09-2153/35953 5 Ordinance No.3843 application,the Director shall determine if the application complies with the applicable development and performance standards of the IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231,Off-Street Parking & Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language,photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major, primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. E. Ten (10) working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review, the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii)give mailed notice of the application to property owners within one thousand (1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. 09-2153/35953 6 Ordinance No. 3843 The notice of application shall include the following: 1. Name of applicant; 2. Location of proposed sex oriented business, including street address (if known)and/or lot and tract number; 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; IG AND IL.Districts: Additional Provisions(continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10)working days from staff review submittal; and 6. The address of the Department of Community Development. F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or 2. The use is established. H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (A) Repealed. (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The 09-2153/35953 7 Ordinance No. 3843 Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator,provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use,the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (E) See Section 241.22: Temporary Use Permits. (F) See Chapter 236: Nonconforming Uses and Structures. IG AND IL Districts: Additional Provisions(continued) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (1) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (a) The site shall not be located within 660 feet of an R district. (b) All special metal cutting and compacting equipment shall be completely screened from view. (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (J) Limited to facilities serving workers employed on-site. (K) Limited to: Single Room Occupancy uses (See Section 230.46). 09-2153/35953 8 Ordinance No.3843 (L) Limited to Emergency Shelters. (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50%of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity(e.g., increased noise, traffic). (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site for outdoor operation. (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (P) See Section 230.44: Recycling Operations. (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (R) See L-11(A) relating to locational restrictions. IG AND IL Districts: Additional Provisions(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. 09-2153/35953 9 Ordinance No. 3843 SECTION 2. This Ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2009. If- (ZI 00, Mayor ATTEST: �Ity :AttorTrnED AS TO FORM: Ci Clerk ey DY-z 1-(0-d el REVIEW APPROVED: INITI ED AND APPROVED: City mini trator Dire' or of Panning g/Ohl/Amend ZSO Ch 212 10 Ord. No. 3843 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 5, 2009, and was again read to said City Council at a regular meeting thereof held on October 19,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen NOES: None ABSENT: Hardy ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 29,2009. In accordance with the City Charter of said City Joan L. Flynn, City Clerk ty Clerk and ex-offici&klerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #3 Legislative Draft ORDINANCE NO. 3842 1[C:h:a::pter 204 Use Classifications (3334-6/97,3378-2/98,3521-2/02,3568-9/02,3669-12/04,Emergency Ord.3703-3/05,3724-02/06, 3757-1/07,3774-9/07) (Note: Ordinance No.3774-9/07 is subject to approval by the California Coastal Commission,3788-12/07) Sections: 204.02 Applicability 204.04 Uses Not Classified 204.06 Residential Use Classifications 204.08 Public and Semipublic Use Classifications 204.10 Commercial Use Classifications 204.12 Industrial Use Classifications 204.14 Accessory Use Classifications 204.16 Temporary Use Classifications 204.02 Applicability Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this Title. The Director may determine that a specific use shall not be deemed to be within a classification, if its characteristics are substantially different than those typical of uses named within the classification. The Director's decision may be appealed to the Planning Commission. (3334-6/97) 204.04 Uses Not Classified Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning provisions by a Zoning and Subdivision Ordinance text amendment, as provided in Chapter 247. Such an incorporation shall not be effective unless certified by the Coastal Commission as a Local Coastal Program amendment. (3334-6/97) 204.06 Residential Use Classifications A. Day Care, Limited(or Small-Family). Non-medical care and supervision of six or fewer persons, or eight or fewer persons if two of the persons are six years of age or older, on a less than 24-hour basis. Children under the age �Pf 10 years who reside in the home shall be counted for purposes of these 'limits. This classification includes nursery schools, preschools, and day-care centers for children and adults. (3334-6/97,3669-12/04) B. Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boarding houses, but excludes residential hotels or motels. (3334-6/97) C. Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes. (3334-6/97) ATTACHMENT O-. Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 1 of 12 Le2isiative Draft D. Residential Alcohol Recovery, Limited. Twenty-four-hour care for no more than six persons suffering from alcohol problems in need of personal services, supervision, protection or assistance. This classification includes only those facilities licensed by the State of California. (3334-6/97) E. Residential Care, Limited. Twenty-four-hour non-medical care for 6 or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. (3334-6/97) F. Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes. (3334-6/97) 204.08 Public and Semipublic Use Classifications A. Cemetery. Land used or intended to be used for the burial of human remains and dedicated for cemetery purposes. Cemetery purposes include columbariums, crematoriums, mausoleums, and mortuaries operated in conjunction with the cemetery, business and administrative offices, chapels, flower shops, and necessary maintenance facilities. (3334-6/97) B. Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers. (3334-6/97) C. Community and Human Service Facilities. 1. Drug Abuse Centers. Facilities offering drop-in services for persons suffering from drug abuse, including treatment and counseling without provision for on-site residence or confinement. (3334-6/97) 2. Primary Health Care. Medical services, including clinics, counseling and referral services, to persons afflicted with bodily or mental disease or injury without provision for on-site residence or confinement. (3334-6/97) 3. Emergency Kitchens. Establishments offering food for the "homeless" and others in need. (3334-6/97) 4. Emergency Shelters. Establishments offering food and shelter programs for "homeless" people and others in need. This classification does not include facilities licensed for residential care, as defined by the State of California, which provide supervision of daily activities. (3334-6/97) 5. Residential Alcohol Recovery, General. Facilities providing 24-hour care for more than six persons suffering from alcohol problems, in need of personal services, supervision, protection or assistance. These facilities may include an inebriate reception center as well as facilities for treatment, training, research, and administrative services for program participants and employees. This classification includes only those facilities licensed by the State of California. (3334-6/97)' ATTACHMENT N®. Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 2 of 12 Legislative Draft 6. Residential Care, General. Twenty-four-hour non-medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed by the State of California. (3334-6/97) D. Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. (3334-6/97) E. Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, and art galleries. (3334-6/97) F. Day Care, Large-Family. Non-medical care and supervision for 7 to 12 persons, or up to 14 persons if two of the persons are six years of age or older on a less than 24-hour basis. Children under the age of 10 years who reside in the home shall be counted for purposes of these limits. (3334-6/97,3669-12/04) G. Day Care, General. Non-medical care for 13 or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults. (3334-6/97,3669-12/04) H. Emergency Health Care. Facilities providing emergency medical service with no provision for continuing care on an inpatient basis. (3334-6/97) I. Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. (3334-6/97) J. Heliports. Pads and facilities enabling takeoffs and landings by helicopter. (3334-6/97) K. Hospitals. Facilities providing medical, surgical,psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out-patient treatment, as well as training, research, and administrative services for patients and employees. (3334-6197) L. Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas, This classification includes corporation yards, equipment service centers, and similar facilities. (3334-6/97) M. Marinas. A boat basin with docks, mooring facilities, supplies and equipment for small boats. (3334-6/97) N. Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces. (3334-6/97) ATTACHMENT NO, 3 ,3 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 3 of 12 L,e2isla>tive Draft O. Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection. (3334-6/97) P. Religious Assembly. Facilities for religious worship and incidental religious education, but not including private schools as defined in this section. (3334-6/97) Q. Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California. (3334-6/97) R. Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, transfer, recycling or disposal facilities, flood control or drainage facilities, water or wastewater treatment plants, transportation or communications utilities, and similar facilities of public agencies or public utilities. (3334-6/97) S. Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, underground water and sewer lines, and recycling and collection containers. (3334-6/97) 204.10 Commercial Use Classifications A. Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles as regulated by Chapter 5.20. (3334-6/97, 3378-2/98) B. Animal Sales and Services. 1. Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care, and kennels. (3334-6/97) 2. Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding for a maximum period of 48 hours. (3334-6/97) 3. Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air- conditioned. Grooming and temporary(maximum 30 days) boarding of animals are included, if incidental to the hospital use. (3334-G397) 4. Animals: Retail Sales. Retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming, if incidental to the retail use, and boarding of animals not offered for sale for a' maximum period of 48 hours. (3334-6/97) 5. Equestrian Centers. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas, (3334-6197) ATTACHMENT Huntington Beach Zoning and,Subdivision Ordinance Chapter 204 Page 4 of 12 LeOslative Draft 6. Pet Cemetery. Land used or intended to be used for the burial of animals, ashes or remains of dead animals, including placement or erection of markers, headstones or monuments over such places of burial. (3334-6/97) C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. (3334-6/97) D. Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. It also includes businesses offering check-cashing facilities.(3334-6/97,3378-2/98) 1. With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles. (3334-6/97) E. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors' yards, but excludes establishments devoted exclusively to retail sales of paint and hardware, and activities classified under Vehicle/Equipment Sales and Services. (3334-6/97,3378-2/98) F. Catering Services. Preparation and delivery of food and beverages for off- site consumption without provision for on-site pickup or consumption. (See also Eating and Drinking Establishments.) (3334-6/97,3378-2198) G. Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97,3378-2198) H. Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors and poolrooms as regulated by Chapter 9.32; dance halls as regulated by Chapter 5.28; ice/roller skating rinks, golf courses, miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, health/fitness clubs, pinball arcades or electronic games centers, cyber caf6 having more than 4 coin-operated game machines as regulated by Chapter 9.28; card rooms as regulated by Chapter 9.24; and fortune telling as regulated by Chapter 5.72. (3334-6/97,3378-2/98,3669-12/04) 1. Limited. Indoor movie theaters, game centers and performing arts theaters and health/fitness clubs occupying less than 2,500 square feet. (3334-6/97) 1. Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. (3334-6/97,3378-2/98,3568-9/02) AT N®. 3 -S Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 5 of 12 Le2islatgve Draft J. Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (3334-6/97,3378-2/98) 1. With Fast-Food or Take-Out Service. Establishments where patrons order and pay for their food at a counter or window before it is consumed and may either pick up or be served such food at a table or take it off-site for consumption. (3334-6/97) a. Drive-through. Service from a building to persons in vehicles through an outdoor service window. (3334-6/97) b. Limited. Establishments that do not serve persons in vehicles or at a table. (3334-6/97) 2. With Live Entertainment/Dancing. An eating or drinking establishment where dancing and/or live entertainment is allowed. This classification includes nightclubs subject to the requirements of Chapter 5.44 of the Municipal Code. (3334-6/97) K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as Catering Services or Eating and Drinking Establishments. (3334-6/97,3378-2/98) 1. With Alcoholic Beverage Sales. Establishments where more than 10 percent of the floor area is devoted to sales, display and storage of alcoholic beverages. (3334-6/97) L. Food Processing. Establishments primarily engaged in the manufacturing or processing of food or beverages for human consumption and wholesale distribution. (3334-6/97,3378-2/98) M. Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care,preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries. (3334-6/97,3378-2198) N. Horticulture. The raising of fruits, vegetables, flowers, trees, and shrubs as a commercial enterprise. (3334-6/97,3378-2/98) O. Laboratories. Establishments providing medical or dental laboratory . services; or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry. (3334-6/97,3378-2/98) P. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats; see (Vehicle/Equipment Repair). (3334-6/97) AT IM HIMENT NO. �7 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Wage 6 of 12 Legislative Draft Q. Marine Sales and Services. Establishments providing supplies and equipment for shipping or related services or pleasure boating. Typical uses include chandleries, yacht brokerage and sales, boat yards, boat docks, and sail-making lofts. (3334-6/97,3378-2/98) R. Reserved. (3788-12/07) S. Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only. (3334-6/97,3378-2/98) T. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, graphic design, interior design, real estate, insurance, investment, legal, veterinary, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations. (3334-6/97,3378-2/98) U. Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property and subject to Chapter 5.36 of the Municipal Code. (3334-6/97,3378-2/98) V. Personal Enrichment Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, fitness studios, and yoga or martial arts studios., and. ass j uu (3334-6/97,3378-2/98,3669-12/04) W. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry-cleaning businesses (excluding large-scale bulk cleaning plants), photo-copying' self-service laundries,.. and massage as regulated by Chapter 5.24. (3334-6/97,3378-2/98) X. Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. (3334-6/97,3378-2/98) Y. Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, drug stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items,jewelry, cameras, photographic supplies,medical supplies and equipment, electronic equipment, records, sporting goods, surfing boards and equipment, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). (3334-6197,3378-2/98) ATTACHMENT NO. 3 Y Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 7 of 12 Legislative Draft Z. Secondhand Appliances and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers who are subject to Chapter 5.36. This classification excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances, but includes junk shops. (3334-6/97,3378-2/98) AA Sex Oriented Businesses. Establishments as regulated by Chapter 5.70; baths, sauna baths and massage establisbments, as r-egulated by Chaptef 5.24,- and figure model studios as regulated by Chapter 5.60. (3378-2/98) BB. Swap Meets, Indoor/Flea Markets. An occasional, periodic or regularly scheduled market held within a building where groups of individual vendors offer goods for sale to the public. (3334-6/97) CC. Swap Meets, Recurring. Retail sale or exchange of handcrafted or secondhand merchandise for a maximum period of 32 consecutive hours, conducted by a sponsor on a more than twice yearly basis. (3334-6/97) DD. Tattoo Establishment. Premises used for the business of marking or coloring the skin with tattoos as regulated by Chapter 8.70. (3334-6/97) EE. Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies. (3334-6/97) FF. Vehicle/Equipment Sales and Services. l. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts. (3334-6/97) 2. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. (3334-6/97) 3. Commercial Parking Facility. Lots offering short-term or long-term parking to the public for a fee. (3334-6/97) 4. Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants,parts, and accessories. This classification includes incidental maintenance and minor repair of motor vehicles, but excluding body and fender work or major repair of automobiles, motorcycles, light and heavy trucks or other vehicles. (3334-6/97) 5. Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage and tire retreading or recapping. (3334-6/97) a. Limited. Light repair and sale of goods and services for vehicles, including brakes, muffler,tire shops, oil and lube, and accessory uses, but excluding body and fender shops, upholstery, painting, and rebuilding or reconditioning of vehicles. (3334-6/97) ATTACHMENT NO. :0 Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 8 of 12 Legislative Draft 6. Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks,tractors, construction or agricultural equipment, manufactured homes, boats, and similar equipment, including storage and incidental maintenance. (3334-6/97) 7. Vehicle Storage. The business of storing or safekeeping of operative and inoperative vehicles for periods of time greater than a 24 hour period, including, but not limited to, the storage of parking tow- aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles, but not including vehicle dismantling. (3334-6/97,3757-1/07) GG. Visitor Accommodations. l. Bed and Breakfast Inns. Establishments offering lodging on a less than weekly basis in a converted single-family or multi-family dwelling or a building of residential design, with incidental eating and drinking service for lodgers only provided from a single kitchen. (3334-6/97) 2. Hotels and Motels. Establishments offering lodging on a weekly or less than weekly basis. Motels may have kitchens in no more than 25 percent of guest units, and "suite" hotels may have kitchens in all units. This classification includes eating, drinking, and banquet service associated with the facility. (3334-6/97) 3. Condominium—Hotel. Facility providing overnight visitor accommodations where ownership of at least some of the individual guestrooms (units) within the larger building or complex is in the form of separate condominium ownership interests, as defined in California Civil Code section 1351(f). The primary function of the Condominium-Hotel is to provide overnight transient visitor accommodations within every unit that is available to the general public on a daily basis year-round, while providing both general public availability and limited owner occupancy of those units that are in the form of separate condominium ownership interests. (3774-9/07-subject to approval by the California Coastal Commission) 4. Fractional Ownership Hotel. Facility providing overnight visitor accommodations where at least some of the guestrooms (units) within the facility are owned separately by multiple owners on a fractional time basis. A fractional time basis means that an owner receives exclusive right to use of the individual unit for a certain quantity of days per year and each unit available for fractional ownership will have multiple owners. (3774-9/07-subject to approval by the California Coastal Commission) HH. Warehouse and Sales Outlets. Businesses which store large inventories of goods in industrial-style buildings where these goods are not produced on the site but are offered to the public for sale. (3334-6/97) 11. Quasi Residential ATTACHMENT NO. Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 9 of 12 Legislative Draft l. Residential Hotels. Buildings with 6 or more guest rooms without kitchen facilities in individual rooms, or kitchen facilities for the exclusive use of guests, and which are intended for occupancy on a weekly or monthly basis. (3334-6/97) 2. Single Room Occupancy. Buildings designed as a residential hotel consisting of a cluster of guest units providing sleeping and living facilities in which sanitary facilities and cooking facilities are provided within each unit; tenancies are weekly or monthly. (3334-6/97) 3. Timeshare. Any arrangement,plan, or similar program, other than an exchange program, whereby a purchaser receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year,but not necessarily for consecutive years. (3334-6/97, 3774-9/07-subject to approval by the California Coastal Commission) 204.12 Industrial Use Classifications A. Industry, Custom. Establishments primarily engaged in on-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. (3334-6/97) 1. Small-scale. Includes mechanical equipment not exceeding 2 horsepower or a single kiln not exceeding 8 kilowatts and the incidental direct sale to consumers of only those goods produced on- site. Typical uses include ceramic studios, candle-making shops, and custom jewelry manufacture. (3334-6/97) B. Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes chemical manufacture or processing, food processing and packaging, laundry and dry cleaning plants, auto dismantling within an enclosed building, stonework and concrete products manufacture (excluding concrete ready-mix plants), small animal production and processing within an enclosed building, and power generation. (3334-6/97) C. Industry, Limited. Manufacturing of finished parts or products,primarily from previously prepared materials; and provision of industrial services, both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials and Vehicle/Equipment Services, but does allow food processing for human consumption. (3334-6/97) D. Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Director, by reason of production of offensive odor, dust, noise, vibration,or in the opinion of the Fire Chief by reason of storage of hazardous materials. Uses include aerospace and biotechnology firms, and non-toxic computer component manufacturers. (3334-6/97) ATTACHMENT NO. Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 10 of 12 Legislative Draft This classification also includes assembly,testing and repair of components, devices, equipment, systems, parts and components such as but not limited to the following: coils, tubes, semi-conductors; communication, navigation, guidance and control equipment; data processing equipment; filing and labeling machinery; glass edging and silvering equipment; graphics and art equipment; metering equipment; optical devices and equipment; photographic equipment; radar, infrared and ultraviolet equipment; radio and television equipment. (3334-6/97) This classification also includes the manufacture of components, devices, equipment, parts and systems which includes assembly, fabricating,plating and processing, testing and repair, such as but not limited to the following: machine and metal fabricating shops, model and spray painting shops, environmental test, including vibration analysis, cryogenics, and related functions, plating and processing shops, nuclear and radioisotope. (3334-6/97) This classification also includes research and development laboratories including biochemical and chemical development facilities for national welfare on land, sea, or air; and facilities for film and photography, metallurgy; pharmaceutical, and medical and x-ray research. (3334-6/97) E. Wholesaling, Distribution and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for recycling facilities and public storage in a small individual space exclusively and directly accessible to a specific tenant. This classification includes mini-warehouses. (3334-6/97) 204.14 Accessory Use Classifications Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes detached or attached garages, home occupations, caretakers' units, and dormitory type housing for industrial commercial workers employed on the site, and accessory dwelling units. (3334-6/97) 204.16 Temporary Use Classifications A. Animal Shows. Exhibitions of domestic or large animals for a maximum of seven days. (3334-6197) B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility. (3334-6/97,3521-2/02) C. Commercial Filming, Limited. Commercial motion picture or video photography at a specific location six or fewer days per quarter of a calendar year. (See also Chapter 5.54, Commercial Photography) (3334-6/97) D. Personal Property Sales. Sales of personal property by a resident("garage sales") for a period not to exceed 48 consecutive hours and no more than once every six months. (3334-6197) ATTACHMENT N®. ,-IL Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 11 of 12 Le2isiative Draft E. Real Estate Sales. An office for the marketing, sales, or rental of residential, commercial, or industrial development. This classification includes "model homes." (3334-6/97) F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business for a period not to exceed 96 consecutive hours (four days) no more than once every 3 months. (3334-6/97,3669-12104) G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees, Halloween pumpkins and strawberries. (3334-6/97) H. Street Fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures. (3334-6/97) I. Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days per year. (3334-6/97) J. Temporary Event. Those temporary activities located within the coastal zone that do not qualify for an exemption pursuant to Section 245.08. (3334-6/97) K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive hours and not more than once every 3 months, (3521-2/02,3724-02/06) ATTACHMENT NO. - �- Huntington Beach Zoning and Subdivision Ordinance Chapter 204 Page 12 of 12 ORDINANCE NO. 3843 Legislative Draft Chapter 212 I Industrial Districts (3254-10/94,3378-2198,3523-2/02,3568-9/02,Emergency Ord.3703-3/21/05,3708-6/05,3724-02/06,3788-12/07) Sections: 212.02 Industrial Districts Established 212.04 IG and IL Districts: Land Use Controls 212.06 IG and IL Districts: Development Standards 212.08 Review of Plans 212.02 Industrial Districts Established (3254-10/94) Two (2)industrial zoning districts are established by this chapter as follows: (3254-10/94) A. The IG General Industrial District provides sites for the full range of manufacturing, industrial processing, resource and energy production, general service, and distribution. (3254-10/94) B. The IL Limited Industrial District provides sites for moderate-to low-intensity industrial uses, commercial services and light manufacturing. (3254-10194) 212.04 IG and IL Districts: Land Use Controls (3254-10/94,3788-12/07) In the following schedules, letter designations are used as follows: (3254-10/94) "P" designates use classifications permitted in the I districts. (3254-10/94) "L" designates use classifications subject to certain limitations prescribed by the "Additional Provisions" which follow. (3254-10/94) "PC" designates use classifications permitted on approval of a conditional use permit by the Planning Commission. (3254-10/94) "ZA" designates use classifications permitted on approval of a conditional use permit by the Zoning Administrator. (3254-10/94) "TU" designates use classifications allowed upon approval of a temporary use permit by the Zoning Administrator.(3254-10/94) "P/U" for an accessory use means that the use is permitted on the site of a permitted use, but requires a conditional use permit on the site of a conditional use. (3254-10/94) Use classifications that are not listed are prohibited. Letters in parentheses in,the "Additional Provisions" column refer to requirements following the schedule or located elsewhere in this ordinance. Where letters in parentheses are opposite a use classification heading, referenced provisions shall apply to all use classifications under the heading. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 1 of 14 ATTACHMENT N®. g/Oh12S0 Ch 212 Legislative Draft > Legislative Draft IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use Not Permitted Additional IG IL Provisions Residential Group Residential PC PC (J) Public and Semipublic (A)(M)(3708-6/05,3724-02106) Community and Human Service Facilities PC PC (L) (3708-6/05,3724-02/06) Day Care, General ZA ZA (3523-2/02) Heliports PC PC (0) Maintenance&SeService Facilities ZA ZA (3708-6/05) Public Safety Facilities P P Religious Assembly ZA ZA (3724-02106) Schools, Public or Private L-6 L-6 Utilities, Major PC PC Utilities, Minor L-7 L-7 (P) Commercial Uses (D)(M) Ambulance Services ZA ZA Animal Sales and Services Animal Boarding ZA ZA (3523-2/02) Animal Hospitals ZA ZA (3523-2/02) Artists' Studios P P Banks and Savings and Loans L-1 L-1 Building Materials and Services P P Catering Services - P Commercial Filming ZA ZA Commercial Recreation and Entertainment L-2 L-2 Communication Facilities L-12 L-12 (3568.9/02) Eating& Drinking Establishments L-3 L-3 w/Live Entertainment ZA ZA (S)(U)(3523-2/02) Food& Beverage Sales ZA ZA (3523-2102) Hospitals and Medical Clinics - PC Laboratories P P Maintenance&Repair Services P P Marine Sales and Services P P Nurseries P P Offices, Business &Professional L-1 L-1 (H) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 2 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO. Legislative Draft IG AND IL P - Permitted DISTRICTS: L - Limited(see Additional Provisions) LAND USE PC - Conditional use permit approved by Planning Commission CONTROLS ZA- Conditional use permit approved by Zoning Administrator TU - Temporary Use Permit P/U - Requires conditional use permit on site of conditional use - Not Permitted Additional IG IL Provisions Personal Enrichment L-9 L-9 (U) (3523-2/02) Personal Services L-1 L-1 Quasi Residential PC PC (K) (3708-6/05) Research&Development Services P P Sex Oriented Businesses L-11 L-11 (3378-2198) (regulated by HBMC Chapter 5.70) (3378-2/98) Sex Oriented Businesses PC PC (R) (3378-2/98) (regulated by HBMC Chapters-5-.24-&5.60) (3378-2/98) Swap Meets, Indoor/Flea Markets PC PC (Q) Vehicle/Equipment Sales & Services Service Stations L-4 L-4 Vehicle/Equipment Repair P P Vehicle/Equip. Sales/Rentals L-5 L-5 Vehicle Storage P ZA (I) Visitor Accommodations ZA ZA (3708-6/05) Warehouse and Sales Outlets L-8 L-8 Industrial (See Chapter 204) (B)(M)(N) Industry, Custom P P Industry, General P P Industry, Limited P P Industry, R&D P P Wholesaling, Distribution& Storage P P Accessory Uses Accessory Uses and Structures P/U P/U (C) Temporary Uses Commercial Filming, Limited P P (T) (3523-2102) Real Estate Sales P P (3 523-2/02,3708-6105) Trade Fairs P P (E) (3708-6/05) Nonconforming Uses (F) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 3 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO. _ Legislative Draft IG AND IL Districts: Additional Provisions L-1 Only allowed upon approval of a conditional use permit by the Zoning Administrator for a mixed use project, subject to the following requirements: (3254-10/94,3708-6/05) Minimum site area: 3 acres (3254-10/94) Maximum commercial space: 35 percent of the gross floor area and 50 percent of the ground floor area of buildings fronting on an arterial highway. (3254-10/94) Phased development: 25 percent of the initial phase must be designed for industrial occupancy. For projects over 500,000 square feet, the initial phase must include 5 percent of the total amount of industrial space or 50,000 square feet of industrial space, whichever is greater. (3254- 10/94) L-2 Allowed upon approval of a conditional use permit by the Zoning Administrator when designed and oriented for principal use by employees of the surrounding industrial development or when designed for general public use, after considering vehicular access and parking requirements. (3254-10/94,3708-6/05) L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when in a free- standing structure or as a secondary use in a building provided that no more than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02) L-4 Only stations offering services primarily oriented to businesses located in an I District are allowed with a conditional use permit by the Planning Commission. (3254-10/94) L-5 No new or used automobile,truck or motorcycle retail sales are permitted. (3254-10/94) L-6 Only schools offering higher education curriculums are allowed with conditional use permit approval by the Planning Commission. No day care, elementary or secondary schools are permitted. (3254-10/94) L-7 Recycling Operations as an accessory use are permitted; recycling operations as a primary use are allowed upon approval of a conditional use permit by the Zoning Administrator. (3254-10/94, 3708-6/05) L-8 Allowed upon conditional use permit approval by the Planning Commission when a single building with a minimum area of 100,000 square feet is proposed on a site fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area and the remaining 5%may be occupied by secondary tenants. (3254-10/94) L-9 Permitted if the space is 5,000 square feet or less; allowed by Neighborhood Notification pursuant to Chapter 241 if the space is over 5,000 square feet. (3254-10/94,3523-2/02,3708-6/05) L-10 RESERVED (3254-10/94,3523-2/02,3724-02/06) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 4 of 14 g/Ohl/ZSO Ch 212 legislative Draft INTO NO. Legislative Draft IG AND IL Districts: Additional Provisions(continued) L-11 Allowed subject to the following requirements: (3378-2/98) A. A proposed sex oriented business shall be at least five hundred feet(500') from any residential use, school, park and recreational facility, or any building used for religious assembly(collectively referred to as a"sensitive use") and at least seven hundred fifty feet(750') from another sex oriented business. For purposes of these requirements, all distances shall be measured from the lot line of the proposed sex oriented business to the lot line of the sensitive use or the other sex oriented business. The term "residential use" means any property zoned RL, RM, RMH, RH, RMP, and any properties with equivalent designations under any specific plan. (3378-2/98) To determine such distances the applicant shall submit for review a straight line drawing depicting the distances from the lot line of the parcel of land on which the sex oriented business is proposed which includes all the proposed parking and: (3378-2/98) 1. the lot line of any other sex oriented business within seven hundred fifty feet (750') of the lot line of the proposed sex oriented business; and (3378-2/98) 2. the lot line of any building used for religious assembly, school, or park and recreational facility within five hundred(500') feet of the lot line of the proposed sex oriented business; and (3378-2/98) 3. the lot line of any parcel of land zoned RL, RM, RMH, RH, and RMP and any parcels of land with equivalent designations under any specific plans within five hundred feet(500') of the lot line of the proposed sex oriented business. (3378- 2/98) B. The front facade of the building, including the entrance and signage, shall not be visible from any major, primary or secondary arterial street as designated by the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. (3378-2198) C. Prior to or concurrently with applying for a building permit and/or a certificate of occupancy for the building, the applicant shall submit application for Planning Department Staff Review of a sex oriented business zoning permit with the drawing described in subsection A, a technical site plan, floor plans and building elevations, and application fee. Within ten(10) days of submittal, the Director shall determine if the application is complete. If the application is deemed incomplete,the applicant may resubmit a completed application within ten(10) days. Within thirty days of receipt of a completed application,the Director shall determine if the application complies with the applicable development and performance standards of the Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 5 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT N®. Lmislative Draft IG AND IL Districts: Additional Provisions(continued) Huntington Beach Zoning and Subdivision Ordinance. Said standards include but are not limited to the following: (3378-2/98) 1. Chapter 203, Definitions; Chapter 212, Industrial Districts; Chapter 230, Site Standards; Chapter 231, Off-Street Parking& Loading Provisions; Chapter 232, Landscape Improvements; and Chapter 236,Nonconforming Uses and Structures. (3378-2/98) 2. Chapter 233.08(b), Signs. Signage shall conform to the standards of the Huntington Beach Zoning and Subdivision Ordinance Code except a. that such signs shall contain no suggestive or graphic language, photographs, silhouettes, drawings, statues, monuments, sign shapes or sign projections, or other graphic representations, whether clothed or unclothed, including without limitation representations that depict "specified anatomical areas" or "specified sexual activities"; and (3378- 2/98) b. only the smallest of the signs permitted under Chapter 233.08(b) shall be visible from any major,primary or secondary arterial street, such streets shall be those designated in the Circulation Element of the General Plan adopted May, 1996, with the exception of Argosy Drive. 3. Compliance with Huntington Beach Municipal Code Chapter 5.70. (3378-2/98) D. The Director shall grant or deny the application for a sex oriented business zoning permit for a sex oriented business. There shall be no administrative appeal from the granting or denial of a permit application thereby permitting the applicant to obtain prompt judicial review. (3378-2/98) E. Ten(10)working days prior to submittal of an application for a sex oriented business zoning permit for Staff Review,the applicant shall: (i) cause notice of the application to be printed in a newspaper of general circulation; and(ii) give mailed notice of the application to property owners within one thousand(1000') feet of the proposed location of the sex oriented business; and the City of Huntington Beach, Department of Community Development by first class mail. (3378-2/98) The notice of application shall include the following: (3378-2/98) 1. Name of applicant; (3378-2/98) 2. Location of proposed sex oriented business, including street address (if known) and/or lot and tract number; (3378-2/98) 3. Nature of the sex oriented business, including maximum height and square footage of the proposed development; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 6 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO, f Legislative Draft 4. The City Hall telephone number for the Department of Community Development to call for viewing plans; (3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 7 of 14 g/Ohl/ZSO Ch 212 Legislative Draft AT N®. Legislative Draft IG AND IL Districts: Additional Provisions(continued) 5. The date by which any comments must be received in writing by the Department of Community Development. This date shall be ten(10) working days from staff review submittal; and (3378-2/98) 6. The address of the Department of Community Development. (3378-2/98) F. A sex oriented business may not apply for a variance pursuant to Chapter 241 nor a special sign permit pursuant to Chapter 233. (3378-2/98) G. A sex oriented business zoning permit shall become null and void one year after its date of approval unless: (3378-2/98) 1. Construction has commenced or a Certificate of Occupancy has been issued, whichever comes first; or (3378-2/98) 2. The use is established. (3378-2/98) H. The validity of a sex oriented business zoning permit shall not be affected by changes in ownership or proprietorship provided that the new owner or proprietor promptly notifies the Director of the transfer. (3378-2/98) I. A sex oriented business zoning permit shall lapse if the exercise of rights granted by it is discontinued for 12 consecutive months. (3378-2/98) L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. (3568-9/02) (A) Repealed. (3254-10/94,3708-6/05) (B) A conditional use permit from the Zoning Administrator is required for any new use or enlargement of an existing use, or exterior alterations and additions for an existing use located within 150 feet of an R district. The Director may waive this requirement if there is no substantial change in the character of the use which would affect adjacent residential property in an R District. (3254-10/94) (C) Accessory office uses incidental to a primary industrial use are limited to 10 percent of the floor area of the primary industrial use. (3254-10/94) (D) Adjunct office and commercial space, not to exceed 25 percent of the floor area of the primary industrial use, is allowed with a conditional use permit from the Zoning Administrator, provided that it is intended primarily to serve employees of the industrial use, no exterior signs advertise the adjunct use, the adjunct use is physically separated from the primary industrial use, any retail sales are limited to goods manufactured on-site, and the primary industrial fronts on an arterial. (3254-10/94) (E) See Section 241.22: Temporary Use Permits. (3254-10/94) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 8 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO. 3 .� Legislative Draft (F) See Chapter 236: Nonconforming Uses and Structures. (3254-10194) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 9 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO. Legislative Draft IG AND IL Districts: Additional Provisions(continued) (H) Medical/dental offices, insurance brokerage offices, and real estate brokerage offices, except for on-site leasing offices, are not permitted in any I District. (3254-10/94) Administrative, management, regional or headquarters offices for any permitted industrial use, which are not intended to serve the public, require a conditional use permit from the Zoning Administrator to occupy more than 10 percent of the total amount of space on the site of the industrial use. (3254-10/94) (I) Automobile dismantling, storage and/or impound yards may be permitted subject to the approval of a conditional use permit by the Planning Commission and the following criteria: (3254-10/94) (a) The site shall not be located within 660 feet of an R district. (3254-10/94) (b) All special metal cutting and compacting equipment shall be completely screened from view. (3254-10/94) (c) Storage yards shall be enclosed by a solid 6-inch concrete block or masonry wall not less than 6 feet in height and set back a minimum 10 feet from abutting streets with the entire setback area permanently landscaped and maintained. (3254-10/94) (d) Items stacked in the storage yard shall not exceed the height of the screening walls or be visible from adjacent public streets. (3254-10/94) (J) Limited to facilities serving workers employed on-site. (3254-10/94) (K) Limited to: Single Room Occupancy uses (See Section 230.46). (3254-10/94,3708-6/05) (L) Limited to Emergency Shelters. (3254-10/94) (M) Development of vacant land and/or additions of 10,000 square feet or more in floor area; or additions equal to or greater than 50% of the existing building's floor area; or additions to buildings on sites located within 300 feet of a residential zone or use for a permitted use requires approval of a conditional use permit from the Zoning Administrator. The Planning Director may refer any proposed addition to the Zoning Administrator if the proposed addition has the potential to impact residents or tenants in the vicinity (e.g., increased noise, traffic). (3254-10/94,3523-2102) (N) Major outdoor operations require conditional use permit approval by the Planning Commission. Major outside operations include storage yards and uses utilizing more than 1/3 of the site .for outdoor operation. (3254-10/94) (0) See Section 230.40: Helicopter Takeoff and Landing Areas. (3254-10/94) (P) See Section 230.44: Recycling Operations. (3254-10/94) (Q) See Section 230.50: Indoor Swap Meets/Flea Markets (3254-10194) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 10 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT ®. + m Legislative Draft (R) See L-I I(A)relating to locational restrictions. (3254-10/94,3378-2/98) Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 11 of 14 g/OhVZSO Ch 212 Legislative Draft ATTACHMENT N0. o � Legislative Draft IG AND IL Districts: Additional Provisions(continued) (S) Non-amplified live entertainment greater than 300 feet from a residential zone or use shall be permitted without a conditional use permit. (3523-2/02) (T) Subject to approval by the Police Department, Public Works Department, and Fire Department and the Planning Director. (3523-2/02) (U) Neighborhood notification requirements when no entitlement required pursuant to Chapter 241. (3523-2/02,3708-6/05) 212.06 IG AND IL Districts: Development Standards e following schedule prescribes development standards for the I Districts. The first two columns pre ribe basic requirements for permitted and conditional uses in each district. Letters in parentheses in the ' dditional Requirements" column reference requirements following the schedule or located elsewher in this ordinance. In calculating the maximum gross floor area as defined in Chapter 2.0 , the floor area ra �o is calculated on the basis of net site area. Fractional numbers shall be rounde'down to the nearest whol number. All required setbacks shall be measured from ultimate right-of-way and in accordance with tions set forth in Chapter 203, Definitions. (3254-10/94) ` Additional IG IL Requirements Residential Development (M) Nonresidential Development Minimum Lot Area(sq. ft.) 20,000 20,000 (A)(B) (3708-06/05) Minimum Lot Width(ft.) 140 100 (A)(B) Minimum Setbacks (A)(C) Front(ft.) 10;20 10;20 (D) Side (ft.) 0 15 (E)(F)(3708-06/05) Street Side (ft.) 10 10 Rear(ft.) 0 0 (E) (3708-06/05) Maximum Height of Structures (ft.) 0111 40 (G) Maximum Floor Area Ratio (FAR) 0.75 0.75 Minimum Site Landscaping (%) 8 8 (H)(I) Additional IG IL Requirements Fences and Walls See Section 230.88 Off-Street Parking and Loading See Chapter 231 M Outdoor Facilities See Section 230.74 Screening of Mech }'cal Equipment See Section 230.76 (K) Refuse Storage Ar7a See Section 230.78 Underground U `i1ties See Chapter 17.64 Performance tandards See Section 230.82 (LI Nonconfopfiing Uses and Structures See Chapter 236 Signs See Chapter 233 ` Huntington¢ ch a Zoning and Subdivision Ordinance Chapter 212 Page 12 of 14 g/Oh12SO Ch 212 Legislative Draft ATTACHMENT NO. .a~ Le0slative Draft IG AND IL Districts: Additional Development Standards (A See Section 230.62: Building Site Required and Section 230.64: Development on Substandard Lots. (3254-10/94) (B) maller lot dimensions for new parcels may be permitted by the Zoning Administrator with an approved development plan and tentative subdivision map. (3254-10/94) (C) See Section 230.68: Building Projections into Yards and Required Open Space. Double- frontage'Iots shall provide front yards on each frontage. (3254-10i94) (D) The minimum front setback shall 10 feet and the average setback 20 feet, except for parcels fronting on local streets where only a 10 foot setback is required. (3254-10/94) All I Districts: An additional setback is required for dings exceeding 25 feet in height(1 foot for each foot o buil f\height) and for buildings exceeding 150 feet in length(1 foot for each 10 feet of building length up to a maximum setback/of 30 feet. (3254-10/94) (E) In all I districts, a 15-fooVsetback is required abutting an R district and no openings in buildings within 45 feet ofan R district. (325 /10/94) (F) A zero-side yard setback maybe permitted in the I districts, but not abutting an R district, provided that a solid wall at the prr,operty'line is constructed of maintenance-free masonry material and the opposite side yard\is a minimum of 30 feet. (3254-10/94) Exception. The Zoning Administrator' r Planning Commission may approve a conditional use permit to allow a 15-foot interior/side y ds opposite a zero-side yard on one lot, if an abutting side yard at least 15 feet wide is/provided and access easements are recorded ensuring a minimum 30-foot separation betweenbuildira s. This 30-foot accessway must be maintained free of obstructions and open to the sky, and no opening for truck loading or unloading shall be permitted in the building face fronting on the acc ssway unless a 45-foot long striped areas is provided solely for loathing and unloading entirelwithin the building. (3254-10/94) (G) See Section 230.70: Measurement of Height. Within 4*5 feet of an R district, no building or structure shall ex e d a height of 18 feet. (3254-10/94) ' (H) PlantingAreas.reas. Required front and street-side yards adjacent to a public right-of-way shall be planting areas exlcept for necessary drives and walks. A 6400t wide planting area shall be provided adjacent to an R district and contain one tree for each\255 lineal feet of planting area. (3254-10/94)/ (I) See Chapter 232: Landscape Improvements. (3254-10/94) (J) Truck/or rail loading, dock facilities, and the doors for such facilities shall not be visible from or be located within 45 feet of an R district. (3254-10/94) r (K) S1e Section 230.80: Antennae. (3254-10/94) (L) Ano—ise. No new use shall be permitted, or exterior alterations and/or additi\toexisting use allowed, within 150 feet of an R district until a report prepared by a California state-licensed Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 13 of 14 g/Ohl/ZSO Ch 212 Legislative Draft ATTACHMENT NO. � g Legislative Draft g acoustical engineer is approved by the Director. This report shall include recommended noise mitigation measures for the industrial use to ensure that noise level will conform with Chapter 8.40 of the Municipal Code. The Director may waive this requirement for change of use or 'addition or exterior alteration to an existing use if it can be established that there had been no previous noise offense, that no outside activities will take place, or if adequate noise mitigation measures for the development are provided. (3254-10/94) ,/ (M) Group residential or accessory residential uses shall be�subject to standards for minimum setbacks and�height of the RH District. (3254-10/94) 212.08 Review of�Plans All applications for new construction and exterior/alterations and additions shall be submitted to the Planning Department for review.\Discretionary/review shall be required as follows: (3254-10/94,3708-6/05) A. Zoning Administrator Review../Projects requiring a conditional use permit from the Zoning Administrator; projects including a zero-side yard exception; projects on substandard lots. (3254,-1101 4) g B. Design Review Board. Project within redevelopment project areas and areas within 500 feet of a PS district; see Chapter,244. (3254-10/94) C. Planning Commission. Projects requir niga conditional use permit from the CommisslOd (3254-10/94) g D. Projects/in the Coastal Zone. A Coastal Development Permit is required unless this projeefis exempt; see Chapter 245. (3254-10/94) g g g �.g g, Huntington Beach Zoning and Subdivision Ordinance Chapter 212 Page 14 of 14 glOhI1ZS0 Ch 212 legislative Draft AT NO a ATTACHMENT #4. ORDINANCE NO. 3844 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 5.24.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.010 Definitions. Unless the particular provision or the context otherwise requires,the definitions and provisions contained in this section shall govern the construction,meaning and application of words and phrases used in this chapter. (a) "Massage" or"massage therapy"means any method of pressure on, or friction against or stroking, kneading,rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, liniment, antiseptic,oil,powder, cream, ointment, or other similar preparations commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association,partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages,baths, or health treatments involving massage or baths. (c) "Massage therapist," "bodyworker," "bodywork therapist,"or"massage and bodywork therapist"means a person who is certified by the Massage Therapy Organization under Subdivision(c) of Section 4601 of the California Business and Professions Code, and who administers massage for compensation. (d) "Massage practitioner," "bodywork practitioner," or"massage and bodywork practitioner"means a person who is certified by the Massage Therapy Organization under Subdivision(b) of Section 4601 of the California Business and Professions Code, and who administers massage for compensation. (e) "Organization" means the Massage Therapy Organization created pursuant to Sections 4600-4620 of the California Business and Professions Code. (f) For purposes of this Chapter, the terms "massage" and"bodywork" shall have the same meaning. (g) "Owner" means the individual(s) whose name appears on the City of Huntington Beach business license. 09-2207/37244 1 Ordinance No.3844 (h) "Operator"means the individual who manages the massage establishment. Evidence of management includes but is not limited to evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. An operator may also be an owner. (i) "Certified"shall mean any valid certificate issued in accordance with Sections 2600 through 4620 of the California Business and Professions Code. (j) "Compensation" shall mean the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. SECTION 2. Section 5.24.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.020 Massage certification required. It shall be unlawful for any person, association,partnership, corporation or other entity to engage in, conduct or carry on, permit to engage in, in or upon any premises within the City of Huntington Beach the business of providing massages in exchange for compensation without being currently certified as a massage practitioner or massage therapist by the California Massage Therapy Organization in accordance with Sections 4600 through 4620 of the California Business and Professions Code. Certification by the Massage Therapy Organization must be obtained by March 1, 2010. SECTION 3. Section 5.24.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.030 Massage establishment or services—Business License required. (a) Any person, association, corporation,partnership or other entity desiring to operate a massage establishment or provide massage services shall apply for a business license and provide the following relevant information: 1. Full name of certificate holder 2. Date of birth 3. State issued identification number(if applicable) 4. Social Security Number 5. Home address and phone number 6. Work address and phone number 7. Color photograph of the certificate holder 8. Proof of State certification for those who will provide massage services (b) Prior to submitting the massage business license application, the fees as established by resolution of the City Council shall be paid to the City of Huntington Beach. (c) The application for the massage business license does not authorize operation of a massage establishment or performing massage services until the business license is issued. (d) It shall be the responsibility of each massage business owner or operator to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. 09-2207/37244 2 Ordinance No. 3844 (e) It shall be the responsibility of each massage business owner or operator to notify the City of any intention to rename, change management, or convey the business to another person. SECTION 4. Section 5.24.040 of the Huntington Beach Municipal Code is hereby repealed. SECTION 5. Section 5.24.050 of the Huntington Beach Municipal Code is hereby repealed. SECTION 6. Section 5.24.060 of the Huntington Beach Municipal Code is hereby repealed. SECTION 7. Section 5.24.070 of the Huntington Beach Municipal Code is hereby repealed. SECTION 8. Section 5.24.090 of the Huntington Beach Municipal Code is hereby repealed. SECTION 9. Section 5.24.100 of the Huntington Beach Municipal Code is hereby repealed. SECTION 10. Section 5.24.110 of the Huntington Beach Municipal Code is hereby repealed. SECTION 11. Section 5.24.125 of the Huntington Beach Municipal Code is hereby repealed. SECTION 12. Section 5.24.130 of the Huntington Beach Municipal Code is hereby repealed. SECTION 13. Section 5.24.150 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.150 Exemptions. Exemptions do not apply to independent contractors of the listed exempted professionals. The provisions of this chapter shall not apply to the following classes of individuals or groups while engaged in or performing the duties of their respective professions: (a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly licensed to practice in the state of California. (b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, provided that at all times such physicians, surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law which govern this field. (c) Registered or licensed vocational nurses duly registered by the state of California. (d) Barbershops and beauty parlors, barbers and beauticians but only when engaged in the practice for which they are licensed by the state of California i.e., massage above the neck and shoulders, hands and arms and below the knee. 09-2207/37244 3 Ordinance No. 3844 (e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395-11/79) (g) No employed or independent contractor massage technician may administer massage or otherwise treat or care for patients other than patients of the practitioner and those patients must have been prescribed massage therapy by a practitioner listed in this section prior to the administration of the massage therapy. (h) Physical Therapist students, and Massage Therapist students earning practical hours for school/education, and who are currently enrolled in a licensed program for Physical Therapy,through a recognized school/education center, can work, under the direct supervision of an exempted professional as defined in this section. Direct supervision means that an exempted professional, as defined in this section, must be present at all times when a student is performing their duties. SECTION 15. Section 5.24.160 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.160 Massage establishment—Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign -subject to applicable provisions of the City's codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Lighting -minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and, in addition,at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. (c) Equipment -adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (d) Water-hot and cold running water shall be provided at all times. (e) Linen storage -closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. (f) Separation of sexes - if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. (g) Massage table pads - pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Department. 09-2207/37244 4 Ordinance No.3844 SECTION 16. Section 5.24.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.170 Massalle establishment operation. Every massage establishment shall comply with the following operating requirements: (a)(1) Each person employed or acting as a massage therapist or massage practitioner shall have a valid certificate issued by the Massage Therapy Organization, a clearly legible copy of which shall be conspicuously posted in the room or location where massage services will be provided. (2) It is unlawful for the owner, operator,responsible managing employee, manager or certificate holder in charge of or in control of the massage establishment to employ or permit a person to act as a massage therapist or massage practitioner who does not possess a valid massage therapist or massage practitioner certificate issued by the Massage Therapy Organization. (3) No business, except those exempted under Section 5.24.150 herein, may employ anyone to provide massage or allow anyone to massage unless the massage provider possesses a valid massage certificate issued by the Massage Therapy Organization. (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless terminate at 9 p.m. No person,whether certified or not, may provide massage in exchange for compensation after 9 p.m. (c) A list of services shall be posted in an open,public place on the premises, and shall be described in readily understood language. No owner,operator, responsible managing employee, manager or certificate holder shall permit, and no massage therapist or massage practitioner shall offer to perform any services other than those posted. (d) Any massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the Massage Therapy Organization. (e) Each massage therapist and massage practitioner shall wear a name tag while administering a massage and which shall be worn on outer clothing and be clearly visible. The massage therapist and massage practitioner shall not use any name other than specified on their certificate while on duty. (f) Massage therapists and massage practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide the complete covering from mid-thigh to three (3) inches below the collar bone. (g) Areas where massages are to be performed shall be separated by a non- lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a"peep hole" or any other device that allows anyone to see into or out of this room when the door is closed. 09-2207/37244 5 Ordinance No.3844 (h) Towels and linens shall not be used on more than one(1)patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1)patron. (i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms 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 Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (j) Instruments utilized in performing massage shall not be used on more than one (1)patron unless they have been sterilized using approved sterilizing methods. (k) Where a covering is furnished by the massage establishment, it shall not be used by more than one (1)patron until it has first been laundered and disinfected. (1) The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment, and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter. (m) Every massage establishment shall keep a written record of the date and hour of each treatment administered,the name and address of each patron, the name of the massage therapist or massage practitioner administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two (2)years. (n) No part of the massage establishment shall be used for residential or sleeping purposes. (o) No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug except a prescription drug. The responsible owner, operator, managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (p) Every massage establishment shall be open at all times during hours during which massage is being provided for inspection by any officer of the City of Huntington Beach. (q) All doors leading into a massage establishment or area where massages are being performed shall remain unlocked during business hours unless there is no staff available to assure security for clients and massage staff who are behind closed doors. 09-2207/37244 6 Ordinance No.3844 (r) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. SECTION 17. Section 5.24.190 of the Huntington Beach Municipal Code is hereby repealed. SECTION 18. Section 5.24.200 of the Huntington Beach Municipal Code is hereby repealed. SECTION 19. Section 5.24.210 of the Huntington Beach Municipal Code is hereby repealed. SECTION 20. Section 5.24.220 of the Huntington Beach Municipal Code is hereby repealed. SECTION 21. Section 5.24.225 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.225 Outcall Massages. No outcall massage, which is a massage in a private residence or at a location which does not regularly provide or permit massage, shall be conducted in a hotel or motel room, or in the private residence of the certificate holder. No outcall massage may be provided in a private residence or business not regularly providing massage services between 7 p.m. and 8 a.m. SECTION 22. Section 5.25.230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.24.230 Prohibited conduct. (a) A massage therapist or massage practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by anyone. (b) A massage therapist or massage practitioner shall be fully clothed at all times and shall not expose their genitals, pubic area, buttocks, or in the case of female therapists or practitioners,their breasts, and such practices shall not be allowed or permitted by anyone. (c) A massage therapist or massage practitioner shall not massage a person of one sex within the view of a patron of the opposite sex, and such practice shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the opposite sex. (1) This subsection shall not apply if all involved patrons are fully clothed,excluding socks or stockings. (2) No more than one male and one female may consent to be massaged in the same treatment room, and no more than two members of the same sex may consent to be massaged in the same treatment room. (3) No person under the age of 18 may consent to a massage in the presence of another unless the other person is the minor's parent or legal guardian. 09-2207/37244 7 Ordinance No. 3844 (d) A massage therapist or massage practitioner shall not massage, fondle,or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. (e) A massage therapist or massage practitioner shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices shall not be allowed or permitted by anyone. SECTION 23. Section 5.24.235 of the Huntington Beach Municipal Code is added to read as follows: 5.24.235 Responsibility. The owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. 5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of a MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000)or by imprisonment in the county jail for a period not to exceed six (6) months,or by both such fine and imprisonment. SECTION 24. Section 5.24.250 of the Huntington Beach Municipal Code is hereby repealed. SECTION 25. Section 5.24.260 of the Huntington Beach Municipal Code is hereby repealed. SECTION 26. Section 5.24.270 of the Huntington Beach Municipal Code is hereby repealed. SECTION 27. Section 5.24.275 of the Huntington Beach Municipal Code is hereby repealed. SECTION 28. Section 5.24.285 of the Huntington Beach Municipal Code is hereby repealed. 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The City Attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. 09-2207/37244 8 Ordinance No. 3844 SECTION 29. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of October , 2009 . 9Z4,10,el is ayor ATTEST: APPROVED AS TO FORM: Ci Clerk Z� Cit Attorney 4� 602 REVIE D APPROVED: INITIATED AND APPROVED: C—" 4—"� / AC;T1AJGCHjLF Ce Kdfinistrator Police Chief 09-2207/37244 9 Oral. No. 3844 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 5,2009 and was again read to said City Council at a regular meeting thereof held on October 19, 2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen NOES: None ABSENT: Hardy ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on October 29,2009 In accordance with the City Charter of said City 40v�) Joan L. Flynn City Clerk y Clerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #5 LEGISLATIVE DRAFT ORDINANCE NO. 3844 Chapter 5.24 MASSAGE ESTABLISHMENTS (1213-6/66, 1293-3/67, 2007-10/75, 2187-6/77, Urg, 2361-3/79, Urg. 2394-8/79, 3173-10/92, 3267-9/95,3467-6/00, 3694-2/05, 3716-7/05, 3738-7/06) Sections: 5.24.010 Definitions 5.24.020 Massage establishment and massage teehnieian nofmit certification required 5.24.030 Massage establishment--Applieatiefl-fofpermit Business license to overate_ massage business 5.24.040 Repealed 5.24.050 Revealed 5.24.060 Massage establishment Applieation investigationRepealed 5.24.070 Massage establishment and massage teehnieian -Pefmit Reffisal R_e ep tiled 5.24.080 Repealed -- Ord 3267-9/95 5.24.090 Massage teelh-nieian Additional appheation and Repealed 5.24.100 Massage teehfiieian pefmit Applieatien=Revealed 5.24.110 Massage teehnician applieation Contents& ealed 5.24.120 Repealed -- Ord 2466-2/81 5.24,125 —Employed Massage Techn ^'^„^Revealed 5.24.130 Massage teehnieian Pefmit issuunc-eRepealed 5.24.140 Repealed -- Ord 3267-9/95 5.24.150 Exemptions 5.24.160 Massage establishment--Facilities 5.24.170 Massage establishment operation(3716-7/05) 5.24.190 no.mit fenewaft ealed 5.24.200 Peff its r rtfansf fableRepealed 5.24.210 f`thnb of estab ;^lmen*^ limi* ''Revealed 5.24.220 Massage establishment Change of le atio ^Repealed 5.24.225 Ot si blis ffne As pfaviding eOutcall massages uler vuJluess e�lu 5.24.230 Prohibited conduct 5.24.235 Responsibility 5.24.240 Violation--Penalty 5.24.250 Pe and r-evae^*ienftealed 1 Vllllll JUJtJellJip� 5.24.260 Appeal pfoeedtlreRevealed 5.24.270 Appeal Heafiftgge Baled 5.24.275 Administfatilve Heafiftg Deeision=Revealed 5.24.280 Repealed -- Ord 2726-10/84 5.24.285 Right to judieial Review& ealed 5.24.290 Repealed-- Ord 2726-10/84 5.24.300 Repealed-- Ord 2726-10/84 5.24.310 Repealed-- Ord 2726-10/84 5.24.320 Repealed -- Ord 2726-10/84 5.24.330 Repealed-- Ord 2726-10/84 5.24.340 Unlawful operation declared nuisance 5.24.010 Definitions. Unless the particular provision or the context otherwise requires,the definitions and provisions contained in this section shall govern the construction,meaning, and application of words and phrases used in this chapter. (a) "Massage" or"massage therapy"means any method of pressure on, or friction against or stroking, kneading, rubbing,tapping,pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, or with or without supplementary aids such as rubbing alcohol, 09-2207/37284 Page 1 of 16 (b) liniment, antiseptic, oil, powder, cream, ointment, or other similar preparations commonly used in this practice. (b) "Massage establishment" means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths as fifty..efee„t (cnoi) ^r li^ ^f•1he ,,,twit., a on in the establishment. (3467-6/00) (c) " massage" the theory, ethieS,3r-aefiee, pr-ofession, or-wer E of massage, -hiehs heels orZrrstitutiorl �c 11/-79, 2466 2/81, 326 7 c1954"Massage e--deel�e�a-->=eeed-sere e�-(��� �-�� �-L,o �� �,-�, therapist," "bodyworker.""bodywork therapist," or"massage and bodywork therapist" means a person who is certified by the Massage Therapy Organization under Subdivision(c) of Section 4601 of the California Business and Professions Code and who administers-massage for compensation. (d) " . (3267 6/95) at least five hundfed (500) hours of tFaining ffe . �ed seheel of massage or ha-a-a Nwitten and pr-aefieal testing of equivaleney admiflist-efe--X—and ever-seen by its admission iVL Ii VL Lll,'lllg Ageneies , w hieh will be eensider-ed in lieu of th edueation rv .L1 t Vif 11vt ,ULU LlU (Jnm) i VUITi32a7-gAi5 J /'27F�i.-ViW9 national • .4a2&' -Am J ineluding at least five httndfed (cnm l 1 t t 1,y 1 L it t �c�v7-crirssr66ii�-hA�S��$�ii'ru'urvirry�nr'�-i^vr6gy�r`J'g�eli", sanitation, massage therapy and pfaefiee, etWes of massage pfaetiee, fifst aid and CPR. Equivaleftey must�+be verified f: a b it4e n p etie.,1 testing by then t VV Y1.1111VU V�VYI •43267-qm5) .4326 w "Massage practitioner." "bodywork practitioner." or"massage and bodywork practitioner"means a person who is certified by the Massage Therapy Organization under Subdivision(b) of Section 4601 of the California Business_and Professions Code. and who administers massage for compensation. 09-2207/37284 Page 2 of 16 (e Exam" means a national eertifieation examination which has bee recognized by objeetive standards to faifly evaltiate pfof�ssional level, skill, safety and --mpetenee as detefmined by a qualified massage . (32&W: "Organization" means the Massage Therapy Organization created pursuant to Sections 4600-4620 of the California Business and Professions Code. (f) GG Ui1)1hing of yiV V\11UlJe e'{Vl, whether- that CppV1JV1T has-iL-YCCIZlTpCi2TILZ LIQITI For purposes of this Chapter, the terms "massage" and"bodywork" shall have the same meaning. (g) "Owner"means the individual(s) whose name appears on the City of Huntington Beach business license. (3267-9/95) (h) "Operator" means the individual who manages the massage establishment. Evidence of management includes but is not limited to evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. An operator may also be an owner. (3267-9/95) li UJlVllter Ul IJU"means areas open to eustemefs of the 4267' "Certified" shall mean any valid certificate issued in accordance with Sections 2600 through 4620 of the California Business and Professions Code 0) �,�1� GG efal t�2iude" shall be defined �+11�iE� n the ME) sentiment of the V I p hib to by a law). �"Compensation" shall mean the payment. loan, advances rV11iV donation, contribution, deposit, or gift of money or anything of value. 5.24.020 Massalze . certification required. It shall be unlawful for any person, association, partnership, corporation or other entity to engage in, conduct or carry on, permit to engage in, in or upon any premises within the City of Huntington Beach the business of providing a-massages in exchange for compensation for establishment, E)r-to provide massage in exehange for-aft)4hingsomething of value, without bed currently certified as a massage practitioner or massage therapist by the California Massage Therapy Organization in accordance_with Sections 4600 through 4620 of the California Business and Professions Code. Certification by the Massage Therapy Organization must be obtained by March 1, 2010. set=viees. Edueation and tfaining r-e entained in this ehaptef apply equally to massage teen-aieiansand massage eg4aAviisinir@nt ow-nefG. (2395 11 79 3267 9i96) 5.24.030 Massalle establishment or services- ire- -F-r-per-mt FeesBusiness License reauired. (a) Any person, association, corporation, partnership or other entity desiring to obtain a.perfnit to operate a massage establishment or provide massage services shall make appy..,tio t the Chief of Paliee of his designated r-epr-esefttative. Prief!to submitting stieh , natffeftffidable fee as established by resolution of the City Gatmeil shall be paid to the City-of City Tr-eastffer- shallissue _.eeeipt showing that sueh applieation fee has been paid. The shall be supplied to the Chief of Poliee at the filRe Stleh applieffiti-0-ft h� .;ttoa is „ 7iWapyly for a business license and provide the following relevant information: 09-22 0 713 7 2 8 4 Page 3 of 16 1) Full name of certificate holder 2) Date of birth (3) State issued identification number(if applicable) (4) Social Security Number (5) Home address and phone number 6) Work address and phone number (7) Color photograph of the certificate holder (8) Proof of State certification for those who will provide massage services (b) The appheation f6f peffnit does not atAhefize operation of a massage establishment of perf� ge until stteh p ~~~�as been granted— r7a Prior to submitting the massage business license application, the fees as established by resolution of the Citv Council shall be paid to the City of Huntington Beach. c) The application for the massage business license does not authorize operation of a massage establishment or performing massage services until the business license is issued. (d) It shall be the responsibility of each massage business owner or operator to file copies or provide other evidence of the certificates held by the persons who are providing massage services at the business. (e) It shall be the responsibility of each massage business owner or operator to notify the City 'Of an intention to rename, change management,or convey the business to another person. ( \ The full, + ,l ,l b the applieant. \u f 111V 1Uii7 a UV L1U111V Unit Ull,' other-11LLilli3-UJG (e) The pfevietts addresses of if 7 J .l Llli�t e ate of the s ..liea4ie.. and the fes .1 dates � ' enee at eaeL. (d) Aeeeptable, ,..;t+e„ „ eftl, t tl, 1' „t; at least eighteen (1 8) \u� <avv Vr iuV1V Y111LLV111.J1VV1 L11UL Lllii UF] height, eelef of eyes and hair-and date and plaee of 7 7 tmless in whieh ease this infeffnation shall be supplied the pefs of pefse s authorized to VA�•V U+V the U l t" ine R267 n -��- L 11 11 taken within the last six (6) fne (g) Business, do �.1.'.... eat hiss�. of then pl;eant for t five (5) \bi —�_----_"'J �__:�r,.-.__.,-_ .._ _mt,..,�...�-....1...,..,.� .,.. ....� ....t:,i.,.i�'..........,. ..ii� �..�• \.'1 Je...is immediately«. e.ling the date of appl;..nt;o„ LLlilalV Ul ULV 1,' �J1liVVUlTi in p7 City,apefations in this of any other state, 7 suspended,has had sueh lieeftse of peffnit for-a massage establislunei4 of other-similaf type of business f-eveked of the reason 7 suspens 7 7 J u antews an pinees of any s ie , et' u 09-2207/37284 Page 4 of 16 if the „„l;n.,,,t ;n•1?zo& 4g-9 17h7oro�l U J 11 llllJ S�a_ , the name of the eer-por-ation shall be set fefth exaetly as shev,%in its J togethef!with the plaee and date of ineor-pe J J afiA holding.,� o than five „ „t !Co%l of the ntoek in the liV 1U111�111V11J 111U11 lr�ii o � the applieani shall set fofth the J name, ef the ineluding limited if it is a limited J J it shall ftffnis" eapy of its eeftifieate of limited paftner-ship filed with the Seef!etafy of Sta4e. if one af. f the r.n,h,,o«n «nt;... the r, of this subsent;n.,, peft.,;,,;ng 4 more Vi 111V tlUl L11V1J 1J U 1i V31lV1 UCI J eofper-atiens shall apply. (7396 4V79, 3267 9195) to aet as its Fesponsible managing offieef. Sueh designated per-sons shall eoffiplete and sig The applieaftt eofpofatien of paf4ner-ship shall designate one of its offieefs or-general paftfiefs but only one uYprly l,,, ,.nt, „ fee shall be ehafge (2 t t no 17L�(k) The name and address of the evffief and lesser-af the feal pf!opefty upon w-hieh the business tis . be v,duete l f 1 tnl t i239 t t -9 � J and, it-C$��-(3r-�czr�c-vr-icirczar�cc`g�ricriicnr.�-r,�s 2-2-a massage, then this pfeef must be supplied fof a fnembef of t as defined hefein. if «nt;,,„ „n«t„ «nt,;„who will aetiyel„v,n,.4;,,;,.nto i the,� ,mot of t4, v al.lVi uliVil V1 1/Ul liiviestablishment. (3267 ��./J�l�l}�l�l vY 11V YY 111 UVl1Y�r� �.JLlriiVI � � "6/ f skill,w-hieh has been feeognized by objeetive stefidar-ds to fairly evaluate pr-ofessianal levels e safia�y and J as detefmined by a qualified massage . (.326� (a) The Chief^f�Ee shailfeqttlfeti-te applieaR4 to ftffnish ff'rr"rg nts— , 3467 8Q ,1p t' J if an individtfal, of J if a paftner-ship or- J at the Peliee DepaFtment of the City ef HatAington Beaeh and pr-aduee proof that the applieatie.n. fee as set by fesaltAien of the City Cetmeil has been paid and shall pfesent the applie shall pefsenally appear- 4n; e n ;,« Y,4in,ne and .len L. !l t 7�2pF 1�/7� 47F7 �/�G\ iviaulailiil�th • f / , applieation7 the Chief ef Peliee shall have sixty(60) days to iffvestigate the applieatien and the baekgfound of the 7 ] btA not limited J ontig t;n.., the Chief of Peliee shall n „t the v, ,.,,,;t ;f he finds. (2395 iil v'vJl1bU{.1V11J 111V �llliil�71 1-V lr . , (u) The feqttifed fee has been paid. 09-2207/37284 Page 5 of 16 !h\ Then „l:nn.,t n „f;ens all entn to the of this ehn„te,- �v/ The uyrllvuliL vvulvlulJ lil ulrze� , (e) The applieant has not knowingly made any false, misleading or-ffaudulent statements in the PpplieatiOli. (2395 11179, 3267 9/95) !a\ Then „l;nn,.t hen fly n f te,l ;„ the : nit: Ynt: , Fhis E)-hv.- . „lie do \../ i lav LLpilaaVulll 11uJ lull' l.vvtJVl U.0 , if > an individual, > difeetofs, of shar-eholdefs of the eo holding .V e than 5' of the t 1 fifth „l:nn..t : «nt;e. of the aavi ailb i ✓/V Vl Lllli JLVI✓R� 11-C � � any � has not been reenviretted in A P-,Atlrt J Gnlifn«.,:n Penal Code seetien 290, ef of eendtiet violating Penal Gedc 266, 314, > > > > and > state, > would have been - Yupunishable ,.f the nh t; e,l off- p'Velving Jlluvav L.w vily vi lilvie a„ �"� J (f) The massage as pfoposed by f > would eemply with all laws,eable aaviudlls but not limited to zeffing, fiZC and TT rGqLiinICIt7"il\T J+uTZ tIC.. /2v29w5 t—t r70 —, (g) Then pl:en„t , at leant eighteen /1 Q\years of n lb/ The uYYlla.culLZ.i dilla.,L=— peftaining to in ufanee eeyarnge. (3267 995) v,ithin the sixty day investigation period,the Chief of Poliee is atAhofized to issue a tempefafy iffiinal histei=y infefmation. if the pefmit is granted, its effeetive date shall be the date ,tine f,le„ n u��ivi ; l• > > fitids that the applieant does not ftlifill the fequtr-efnetAs set for-th in this ehapter-, he shall deny the applieation and notify the applicant by appeal sueh denial te the City Administr-ator-,pufsttafA te th of this ehapt (2395 11170 2776 10194 3267 9/95) fktion and fee. in the evepA a massage establislunefit other-than the establishment indieated on the efiginal applieation, an additional 1; ut;n.,, an fee t by a el„t;, of the City Ca nil must he „bfn tte a L41.11111V 1V11(Al1U 1l�li uJ Jli , /7ZTj 32679195) aet a -elinieian shall make appheation to the Chief of Poliee er his designate 09-2207/37284 Page 6 of 16 )n and fepoft Fequifed by this ehaptef. The City Clerk er-the City Treastifef shall issue a feeeipt showing that stteh applieation fee has been paid. The feeeipt, or a eopy shall be of the Gity Getineil shall be paid to the City of Huntington Beaeh to deffay, the eost ef c.,,r„-.lied to the Chief of D„liee at the time stieh applieation is „i,.-,-,;t+ .l (2395 11/70 3767 W95) been grantec7 -(233a-U g-9) > asseeiated with the business, (a) These individuals A s pfoviding massage at vafiotts loeations th-foughout the City must possess c1 ii4iirzvrcrsr&g2 gefmit, and a-Business Lieense. (3694-2/05) address of pefmitted pefson(s), no post offiee boxes or-private mailboxes will be aeeepted. (3694 2/95) massage, > shall be done at the fesidenee of the penniaed massage teehnieian o.f ti t 1i.1 tor-oom ., the ! '+., !wag in uanyiiv� � 4-r7tid) r 1,uu Massage�uii" Therapy.e �3694-2195) �.ii Califamia,that the applieant has been examined within the past thift�, (30). days pfief to /7 l9�955-1199, 2777 7185, 3767 9/96\ lieensed establishment dtifing the times the massage teehnieian is employed and eafiRg4af patients. To qualify faf this exemption, all massage teehnieia-ns must be employed by-a City of Hu-PAington Beaeh. An employed massage teehnieian mtist be working tmdef the wage slips, )A42 of AAA tax doetffnents. Amn employed massage teehaieian shall not es paid per-individtia4 massage or-tips. All doeumentation showing emplo�ff�ent of massage teehnieiaiis shall be kept by the pfaetitioner-faf a pefied of not less than three yeafs. exemption does not apply to indepeadefA eetAfaet&r-s-,k3694-2/0� days to investigate the applieation—an-d-the b-ale-Irrgfound of the applieant. Upon eaffipletion of the investigation,the Chief of Poliee shall gant the pefmit if the fallowin- its have bee met i2a95 ��aaon a� training-.—Ew694�/ 09-2207/37284 Page 7 of 16 athef similar-lieense of permit denied of fevoked fo. ea-se by a lieensing a-uthefity or-by any e ty eoiin , of state within thfee (3) yeafs pfief to the date of.,pplie.,t; ,,, -R395 49-19 - �zo�o—r-.,-ram; 326-9 o (e) All apphea-ats must have passed an independently pfepafed and administefed na4i pfofessional levels of skill, safi��a-ad eefiipetenee, as detefmitled by a qualified massage assoeiat• within the last five (5)yeafs-. (a2&7-qAj5-, 3467-6A)o) feceived within the thii4y(3 0) day investigation period, the Chief of Peliee is author-ized-te-isstte (d) The applieant has not been eenvieted of any of the offenses listed in Seetion 5.24.060(e) i 'Shau i notiee of denial. 5.24.150 Exemptions. Exemptions do not apply to independent contractors of the listed exempted professionals. Each independent contractor must possess a valid massage technician permit. The provisions of this chapter shall not apply to the following classes of individuals or groups while engaged in or performing the duties of their respective professions: (2395-11/79, 3267-9/95, 3694-2/05) (a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly licensed to practice in the state of California. (3467-6/00) (b) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, provided that at all times such physicians, surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law which govern this field. (3467-6/00) (c) Registered or licensed vocational nurses duly registered by the state of California. (3694-2/05) (d) Barbershops and beauty parlors, barbers and beauticians but only when engaged in the practice for which they are licensed by the state of California i.e., massage above the neck and shoulders, hands and arms and below the knee. (3694-2/05) (e) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (f) Trainers of any amateur, semi-professional or professional athlete or athletic team. (2395-11179) (g) No employed or independent contractor massage technician may administer massage or otherwise treat or care for patients other than patients of the practitioner and those patients must have been prescribed massage therapy by a practitioner listed in this section prior to the administration of the massage therapy. (3694-2/05) (h) Physical Therapist students, and Massage Therapist students earning practical hours for school/education, and who are currently enrolled in a licensed program for Physical Therapy, 09-2207/37284 Page 8 of 16 through a recognized school/education center, can work, under the direct supervision of an exempted professional as defined in this section. Direct supervision means that an exempted professional, as defined in this section, must be present at all times when a student is performing their duties. (3694-2/05) 5.24.160 Massage establishment--Facilities. Every massage establishment shall maintain facilities meeting the following requirements: (a) Sign- subject to applicable provisions of the City's codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Lighting -minimum lighting shall be provided in accordance with the Electrical Code adopted by the City and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while a patron is in such room or enclosure. (3267- 9/95,3694-2/05) (c) Equipment- adequate equipment for disinfecting and sterilizing instruments used in performing the acts of massage shall be provided. (3694-2/05) (d) Water- hot and cold running water shall be provided at all times. (3694-2/05) (e) Linen storage-closed cabinets shall be provided and utilized for storage of clean linens, and approved receptacles shall be provided for the deposit of soiled linen. (2395-11/79,3267-9/95, 3694-2/05) (f) Separation of sexes -if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. (2395-11/79,3267-9/95, 3694-2/05) (g) Bathing, dfessing, leekef, toilet fagilities adequate bathing, dressing, leekef, and t being leeked, and a minimum of one toilet and one wash basin shall be provided fef evel.�,, aiius3uge o (3694-2�W (hg)Massa e� table pads -pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Orange County Health Department. (3694-2/05) 5.24.170 Massage establishment operation. Every massage establishment shall comply with the following operating requirements: (a) (1) Each person employed or acting as a massage teehnieiantheranist or massage practitioner shall have a valid pe tcertificate issued by the City f Hti ft ngt n Beau Massage Therapy Organization, a clearly legible copy 6f which shall be conspicuously posted in the room or location where massage services will be provided. (2395-11/79,3267-9/95, 3467- 6/00) (2) It is unlawful for the owner, operator,responsible managing employee, manager or pe�m�tteecertificate holder in charge of or in control of the massage establishment to employ or permit a person to act as a massage teehnieiantherapist or massage practitioner; as defined in this ehapter-, who does not possess a valid massage*emstherapist or 09-2207/37284 Page 9 of 16 massage practitioner certificate issued by the Massage Therapy Organization it. (3467-6/00) (3) No business,,except those exempted under section 5.24.150 herein, may employ anyone to provide massage or allow anyone to provide massage;unless the massage provider possesses a valid pefmitmassage certificate issued by the Massage Therapy Organization uiauci^"this Chapt€z (3467-6/00,3694-2/05) (b) Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless terminate at 9 p.m. No person, whether heensed uncle,.this Chap ertified or not, may provide massage in exchange for"hing of vahte^ompensation after 9:00 p.m. (2395-11/79, 3267-9/95, 3467-6/00) (c) A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager,or pefmiReegertificate holder shall permit, and no massage teehnici practitioner shall offer to perform any services other than those posted. (d) Any massage establishment or business shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the Massage Therapy Organization.The evmer/e.Pefater-^f^ massage establishment ^'�^" iat for-examination upen demand by any peliee effieef of the 4ty-.423G&44aa,_v6T-9iW (e) Each massage teehffiei-antherapist and massage practitioner shall wear a photo idei-Aifieation r- prepared and issued by the Git ame tag while administering a massage and which—. The idea-A fieati.,, ^^ra shall be worn on outer clothing with the photo side f4eing oat and be highly visible. The massage teetherapist and massage practitioner shall not use any name other than specified on the photo idefA fieatio ear- their certificate while on duty. (3267-9/95) (f) Massage teelhnieians and a#endantstherapists and massage practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide the complete covering from mid-thigh to three (3) inches below the collar bone. (3267-9/95) (g) Areas where massages isare to be performed shall be separated by a non-lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a"peep hole" or any other device that allows anyone to see into or out of this room when the door is closed. (3694-2/05) (h) Towels and linens shall not be used on more than one (1)patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one (1)patron. (2395-11/79,3267-9/95) (i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms 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 Department. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (2395-11/79,3267-9/95) 09-2207/37284 Page 10 of 16 (j) Instruments utilized in performing massage shall not be used on more than one (1)patron unless they have been sterilized using approved sterilizing methods. (2395-11/79,3267-9/95) (k) Where a covering is furnished by the massage establishment, it shall not be used by more than one (1)patron until it has first been laundered and disinfected. (2395-11/79, 3267-9/95) (1) The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage tees theraP ists. massage practitioners and employees of the massage establishment,,and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter. (3267-9/95) (in)Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name and address of each patron,the name of the massage therapist or massage practitioner administering treatment, and the type of treatment administered, to be recorded on a patron release form. Such written record shall be open to inspection by officials charged with the enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two (2)years. (3267-9/95) (A) The ewner�epef&ter-of eaeh fnassage establislHnent shall file with the City, deeumetAs issued the apetulien of any massage establislhnent and the administfatieft of a massage, and shall b-e nl-..rll be kept e the ses at all t' ion_>nine n>wn >inc (on)No part of the establishment shall be used for residential or sleeping purposes. Ne eeeking er feed pfepafatien shall be allowed en the pfemises unless a fall sefviee kitehen is installed. Sueh a kitehen shall be fef the sole use of empleyees, and shall be installed in an"employe only" area. The full ser-,viee kitehen shall have a minimutn of a siftk with hot and eeld `r'ruwi, u fefrigefatef, " stove and suffieient eabinets to stefe eaeking tAefisils-.43267-9&5) (po)No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug except a prescription drug. The responsible owner, operator, managing employee,manager or permittee shall not permit any such person to enter or remain upon such premises. (2395-11179,3267-9195) (qoEvery massage establishment shall be open at all times during hours during which massage is being provided for inspection by any officer of the City of Huntington Beach. (2395-11/79, 3267-9/95, 3467-6/00) ( All o��e=doors leading into a massage establishment or area where massages are being performed shall remain unlocked fir-A.m..the insi o during business hours unless there is no staff available to assure security for clients and massage staff who are being closed doors. All doors leading to the business or-leading to the eustemer-afeas afe to remain tmieeked during business hettrs-. (2395 1 /79 3267 9 95) (sr)No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. (2395-11/79,2466-2/81, 3267-9/95) 5.24.190 Permit fenewal. Pefmits fer-massage establishmei-As and massage leehnieians shall be 09-2207/37284 Page 11 of 16 set out in this ehaptef. The fenewal fee fof massage establishments and massage teehnieians shall be set by fesalution of the City, Couneil. The application for-peffnit fenewal shall eontain 32679/95) sold,5.24.200 Permits nontransferable. Na massage establishment pefmit may be tfatisfeffed- of assigned by a of by opefation E)f to any, othef per-seii of J J tfafisfef of Any sueh sal of!attempted I sale,and shall be deemed to eonstitute voluntafy suffender- of sueh pefmit ai.d sad.petmit shall ther-eaftef be null and void; pfovided I J that if the pefmittee is a paftnefship and one of mofe of the paftnefs should one or-fner-e of the sur-viN J 7 by,pttfehase of I interest of the deeeased pai4ner- of effeeting a suffender or-termination of sue pennit and in stteh J ease, the J "on notifieation to the Chief of J sold,shall be plaeed i the name of the sufviving paftnefs. A massage establislunefA pefmtt issued to a eafpofation shall be deemed teffninated and void when eithef any etitsianding sioek of the eofpafation is tr-ansfeffed of assigned after-the issuanee of a E)r-a" steek authorized but not issued at the J sold,time of the ganting of a pefmit is thefeafter-issued or- tfansfeffed of assigned. No-massage sold,teehnieian peftnit may be of by opefalian of I 9 5.24.210 Number of establishments limited,. Ne mofe than ten(10) valid pennits fefinassftge establisbments shall be attthefized by the City CA-4-m-eil te. opefate in the City,of Huntington of loeation fee in the sum set by resolution of the City Gatmeil.has been paid to the City,of and appr-E)val has been obtaiRed fr-ofn the Chief of Poliee an to _5 7 J J J of eaffy,on the business of massag-e establishmefA under-any name e4h_etv t-h—An his name and the name of the massage a massage establishmepA is leeated shall Fequife inspeetion and shall eaffTly with the 5.24.225 Other business establishments providing mas22g2Outcall massages. No outcall massage, which is a massage in a private residence or at a location which does not regularly provide or permit massage, shall be conducted in a hotel or motel room. or in the private residence of the certificate holder. No outcall massage may be provided in a private residence or business not regularly providing massage services between 7 p.m. and 8 a.m. r11 sines massage,that pfevide as defined J to paying J fifty pefeent 0 business,) of the aetivity eaffied on at the must eei:nply with Seetions 5.24.160 170 J afid J and 7 7 J 7 I J J 7 J 7 (3694 21e5) 09-2207137284 Page 12 of 16 (a) No massage, as defined in this Chaptef, shall be pr-ovided in a hotel of mate! foom of in a pursuant tot is Ghapte. (a&94-2/85) (e) in a private r-esidenee of business not pfeviding massage sefviees, no massage may be provided between 7:00 p.m. and 8.00 r'tz) In the ease of a businesrrwhieh does not provide massage sen,tecs-(3694M6) per-formed;=(3694-Wo5) 2. Both patron and teehnieian friust be fully �cn+"ea 4 M18 c� axccr—(�6� 6) 3. NE) massage shall be peff6fined behind elesed (3694-/95) 5.24.230 Prohibited conduct. (a) A massage tentherapist or shall not violate the provisions of sections 647(a) and(b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by the massage establishment pentteeanvone. (2395-11/79, 3267-9/95) (b) A massage teehnieiantherapist or massage practitioner shall be fully clothed at all times and shall not expose their genitals, pubic area, buttocks, or in the case of female teehnieiaa-sfterqists or practitioners,their breasts, and such practices shall not be allowed or permitted by the massage establishment r teeanyone (2395-11/79,3267-9/95) (c) A massage teehnieiaathe=ist or massage practitioner shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by the massage establislune„t ^eenit+eeanvone unless all parties expressly consent to the treatment, location, and presence of the opposite sex. (2395-11179, 3267-9195) 1. This subsection shall not apply if all involved patrons are fully clothed excludin s or stockings. 2. No more than one male and one female may consent to be massaged in the same treatment room, and no more than two members of the same sex may consent to be massaged in the same treatment room. 3. No person under the age of 18 may consent to a massage in the presence of another unless_ the other person is the minor's parent or legal guardian. (d) A massage teehnioiantherapist or massage practitioner shall not f-at (2395. 11179 3267 9195 3467 e, or otherwise have intentional contact wit'h the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. (e) A massage teehnieiantheranist or massage practitioner shall not massage, fondle,of-athefwise have intentional eentaet,with tb- pat-faft, give a massage unless the breasts of female patrons are covered and the nitals_of 09-2207/37284 Page 13 of 16 all patrons are covered, and such practices shall not be allowed or permitted by the massage anyone (f) A massage teehnieian shall not ge unless the breasts of fetnale patrons afe pefmitted by the massage establishment pefmit4ee-. (2395 11/7a 3267 9/95) Proof of knowledge of any vialation of this seetion shall not be r-equired to be shown where tabl' L t :t ; enderl oke (2395 11 n9 777E 10184) 111UJJU�V VJGUVll J11111V1iG�.JVllli , 5.24.235 Responsibility. The owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. 5.24.240 Violation--Penalty. Any person violating this chapter shall be guilty of a MISDEMEANOR, punishable by a fine of one-thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. (2395-11179, 2726-10/84, 3173-10/92,3267-9/95, 3467-6/00) date,(d)The per-son Fequesting the Administfafive Hearing may file avwitten deelafalien with the Cit�r Attefney befetv the heafing or-personally al4end the hearing on the hearing, time and plaee speeified. A failufe to file a YMtten deelaf4ien befer-e the hearing or-personally attend th-e unless eentinued pufsuant to this , te appeaf by the appellant shall be noted on the Nefiee of Deeisien by the Heafing Offiee whieh will be mailed to the pefmittee by the City AttoFne�—(3&94_W0&,-3738-7K)6) (a) Or-a! evidenee shall be taken only undef oath ef affifmatien. The hear-ing offieer-shall ha-v-e UUU1VllG,' GV U\.Lllill ilJ GVroaths, and to o o and fule en of eviden �. witnesses, to intfoduee 7 efoss e:' .. sing witnesses whe have testified tmder difeet examination. The heafing effie'-.r may eall and examine any witness. (e) Teeliflieal Fules f-elating te evidenee and witnesses shall not apply to hear-ings provided fb Supple plainiilg Any evidenee given in difeet but shall not be and te ebjeetienineivilaetiot.;.�_. The nalles of pfivilege shall be appheable to the extent that the fiew7 7 and 7 7 undue, r-epefiti6us tesstiffi6nshall be exelttdaad—. (2,o 11n�� speeified in the(d) The hearing shall be eendueted by a Heaf!ing Offieer-either-.: (i) en the date, time and plaee or- (ii) on the date desigfk-Aed on the efiginal notiee of deeisieft by the Chief6fg6liEe—{�694 218a) 7s Offiee or-the City 7 s designee shall ensufe that the pei4ifte 7 09-2207/37284 Page 14 of 16 the City Attemey's designee, shall also make aN,ailable to the appellant befefe the heafing copy of any additional-fepefts that-afe pfevided to the Hearing O€€reef—. f3&94—wor4 facts stated in suehee ex 94-2/05) that there be submitted any evidenee, other-than the t!easoas for-denial stated in the fesented to the Hear-ing Officef, that May exist among the publie feeefds Of the Cit., empleyee of agent. f369 pefsen at the heafing by the appellant of his of her-fepfesetAafive if the appellant is physieall unable to at-tend, of(ii) be ffiade by a vffitten r-equest feeeived by the City At4omey at least 24 hotffs beelfbrre ahe he ing date. if the eantinuanee is gfarAed, a new hearing date shall be se within 45 days. if the eantinuanee is denied, the heaf!ing shall pr-eeeed then and thefe as seheduled, and if the appellant is net present the r-equest(s) shall be deemed abandened i appellant of a r-epfesentafive of the City. All eoi4inuanee r-equests shall eithef-. (i) be mad- 11131 s deeisien is final and he or- she shall either-per-sonally give the Natiee of Deeision te the appellant of the fepfesentative-4 pfeseirA at the end of the heafing of request that the nefiee be mailed by the City Atteffley. (3694 2A)5l fellowed. The Heafing Offieef does t have the ,tl,of t y t issue a llv�Flu(3694 2/05) feFftedies—. E3694—WW (a) After- eensider-ing A the evidenee and testimeny submitted at the administrative hearing, the Hear-ing Offieer-shall issue a NwWen deeision to"hold or-fever-se the deeision eft the peffnit-. made on a Nefiee of Deeisien feffn and will state the fe-A-qefi-�—And evidenee eensidefed fef t deeision. The deeision of the Hear-ing Offieer-shall be made at the eeneltisien of the heafing and shall be final. The Netiee of Deeision for-the Administfative 14 (3694 2/06) , bexefitsshallnet difeetly of ind -e^tl< linked to the dee-isien fendefed. -k3&94-WW (a) The appellaiA may seek jttdieial feview of the Administrative 14ear-ing deeision by filing an appeal with the West justiee CetAef ef the S"ef!iof Gauft withia 20 ealendaf days after-the appellant« eepyf the Notiee of f eeisio at the ells o of the 1.,,.,fing The o v v 1011-V1 llllJ 11VU1111�. l llv appeal filed with the eow4 must also eantain a pfeef ef ser-viee sha�A4ng a eepy of the appeal was seFv a upon"City of u„fitixgtee-neaeh(Attention: ;t y n ttofn yy'—k3&94 WW 09-2207/37284 Page 15 of 16 (b) The City Attofney shall fefwafd to the Gotift within 15 days of its fequest, the peftifient doeuments fof any case appealed to that eeti#--(w94 2/95) 5.24.340 Unlawful operation declared nuisance. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder,commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The City Attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. (2395-11/79, 3267-9/95) 09-2207/37284 Page 16 of 16 - ATTACHMENT #6 PE Caty of Hua�tin on Veatch Piannirig DepartpneW STF� PE�I� ' HUNTINGTON BEACH- - - TO: Planning Commission FROM: Scott Hess, AICP, Director of Plannin BY: Rosemary Medel, Associate Planner DATE: September 9, 2009 SUBJECT: ZONING TEXT AMENDMENT NO. 09-003 (MASSAGE ORDINANCE) APPLICANT: City of Huntington Beach LOCATION: Citywide STATEMENT OF ISSUE: • Zoning Text Amendment No. 09-003 request: - Amend Chapter 204, Section 204.10 (V) Personal Enrichment Services: delete massage as a Personal Enrichment Service business. - Amend Chapter Section 204.10 (W) Personal Services: Include massage, as regulated by Huntington Beach Municipal Code Chapter 5.24. - Amend Section 204.10 (AA) and Chapter 212, Section 212.04: Eliminate reference to massage as a Sexually Oriented Business. • Staff s Recommendation: Approve Zoning Text Amendment No. 09-003 based upon the following: - Amendment will comply with State Law provisions under Senate Bill 731, which limits land use restrictions on massage businesses complying with the State certification process. - Amendment will allow massage businesses in the City to use the new State process,which will enable consumers to identify credible professionals having obtained the appropriate training, licensing and testing to be designated as a certified massage therapist or practitioner. RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 09-003 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2)to the City Council for adoption." IN ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Continue Zoning Text Amendment No. 09-003 B. "Deny Zoning Text Amendment No.09-003 with findings for denial." PROJECT PROPOSAL: Zoning Text Amendment No. 09-003 represents a request to amend Chapter 204 (Use Classifications) and Chapter 212 (Industrial Districts) of the Huntington Beach Zoning and Subdivision Ordinance. Zoning Text Amendment No. 09-003 would implement changes to allow massage establishments in the Commercial and Industrial zones as Personal Service uses. The Zoning Text Amendment would implement the following significant changes. The legislative draft is provided in Attachment No. 3. ➢ Amends Chapter 204, Section 204.10 Commercial Use Classifications (V) Personal Enrichment Services, deleting massage as a Personal Enrichment Service use. (Attachment No. 3.7) ➢ Amends Chapter 204, Section 204.10 Commercial Use Classifications (W) Personal Services, adding massage as a Personal Service Use, as regulated by Chapter 5.24. (Attachment No. 3.7) ➢ Amends Chapter 204, Section 204.10, (AA) Sex Oriented Businesses, deleting reference to Chapter 5.24 of the Huntington Beach Municipal Code. (Attachment No. 3.8) ➢ Amends Chapter 212 Industrial Districts, Section 212.04 Sex Oriented Businesses deleting reference to Chapter 5.24 of Huntington Beach Municipal (Attachment No. 3.15) The proposed zoning text amendment was initiated by the City in response to recent legislation, described below, that allows for a Statewide certification process. Background: In September of 2008, Governor Schwarzenegger signed Senate Bill 731 into law, creating the California Massage Therapy Council (CAMTC) which is tasked with the mission of establishing uniform regulatory and licensing procedures for massage therapists and practitioners in the State. Under the guidelines of this bill, cities can adopt the licensing authority of the CAMTC, and therapists can voluntarily choose to be certified by the State. The intent of SB 731 is to create a voluntary certification process for the massage therapy profession that will enable consumers to easily identify credible certified massage therapists, regulated and monitored by CAMTC. It further assures that certified massage therapists have completed sufficient training at approved schools. There will be two types of massage therapy certification programs: Massage Technicians and Practitioners, with the difference being in practical educational hours of 250 for Technicians and 500 for Practitioners. In addition, the certification process requires further classroom education including anatomy and physiology. The most difficult obstacle for therapists throughout the State has been that there are no consistent state-wide standards with respect to licensing, continuing education and enforcement in the massage therapy field. Today,the certification criteria varies for each PC Staff Report 9/09/09 2 09srZTA 09-003 Wassage Ord.) city; however, most require certain basics such as fingerprinting and training verification. In comparison, the new State certification process will require fingerprinting, Department of Justice (DOJ) review, as well as background qualifications similar to other service licensing requirements. In order to adopt and follow the guidelines of the bill, the City is proposing changes to the Huntington Beach Zoning and Subdivision Ordinance and the.Huntington Beach Municipal Code, which regulate massage and massage establishments. A community meeting was held on August 19, 2009 to introduce the pending Zoning Text Amendment and promote a discussion regarding the provisions of the State Law requiring the amendment. The majority consensus was that business owners and massage professionals were in favor of the certification process. On August 25, 2009, a study session was held with the Planning Commission to present the proposed amendments. ISSUES: General Plan Conformance: The proposed project is consistent with the goals and objectives of the City's General Plan as follows: A. Land Use Element Policy LU 10.1.9: Continue to control the location and amount of alcohol sales, adult businesses, game arcades, and other"community-sensitive"uses, based on proximity to residences, schools, religious facilities, and parks as authorized by legislative and legal requirements.(I-LU 1) Zoning Compliance:Not Applicable Urban Design Guidelines Conformance:Not Applicable Environmental Status: The proposed ZTA No. 08-005 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status: The proposed amendment will be combined with other minor amendments that will be forwarded to the California Coastal Commission as a minor Local Coastal Program Amendment for certification. Redevelopment Status: Not applicable. Design Review Board: Not applicable. PC Staff Report 9/09/09 3 09srZTA 09-003 9"m ass agc Ord.) Other Departments'Concerns and Requirements: The proposed amendments to the City's existing ordinance were prepared with input and assistance from City Staff representing the City Attorney's Office, Police, and Planning Departments. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on August 27, 2009, and notices were sent to individuals/organizations requesting notification(Planning Department's Notification Matrix), as well as other interested parties. As of September 2, 2009 no communication supporting or opposing the request has been received. Application Processinz Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): August 20, 2009 Legislative Action—Not Applicable ANALYSIS: Presently in the State of California, each city establishes licensing criteria regulating the massage therapy business and a certification process. In the City of Huntington Beach, licensing criteria can be found in Chapter 5.24 of the Huntington Beach Municipal Code, and the Zoning and Subdivision Ordinance contains the land use regulations. The newly adopted State law transfers certification responsibility from cities to CAMTC. Under the new state law, a City may adopt land use and zoning requirements applicable to massage therapists, practitioners or businesses,provided these requirements are no different than the requirements uniformly applied to other professional or personal services businesses. This only applies to those massage establishments or businesses that obtain state certification. State Law allows cities the authority to regulate those massage businesses that are not certified. The City of Huntington Beach has decided to regulate the non-certified massage establishments by requiring certification thereby having one standard that applies to all massage businesses/practitioners citywide. This effort will create consistency in the application of rules and regulations. As such, representatives from the City Attorney's Office, Police Department,and Planning Department are concurrently drafting changes to Huntington Beach Municipal Code Chapter 5.24 requiring all massage establishments or businesses to obtain State certification. The Municipal Code changes will be going directly to City Council for consideration but are attached to this report for reference. (Attachment No. 5) Upon adoption of the City's ordinance by the City Council, all existing and new massage therapists and practitioners conducting business in Huntington Beach or desiring to practice in Huntington Beach will have until March 2010 to obtain certification from the CAMTC to continue to have or establish a valid massage business license in the City of Huntington Beach. PC Staff Report 9/09/09 4 09srZTA 09-003 Wassage Ord.) Use Classification Change The City's Zoning and Subdivision Ordinance allows massage businesses in Commercial and Industrial areas. This overall provision will not change with the proposed Zoning Text amendment. The City's Zoning and Subdivision Ordinance also currently classifies massage businesses as either a Sexually Oriented Business (SOB) or a Personal Enrichment Service established as an ancillary business only., Ancillary massage businesses are located in health clubs, salons, or spas. The proposed zoning text amendment would change the classification of massage business to a Personal Services use. Under the new State law, once a massage therapist or practitioner is certified they must be treated the same as any other Personal Service business. The bill allows cities to adopt reasonable health and safety requirements. The amendments to Chapter 5.24 of the Huntington Beach Municipal Code will reflect what the Police Department believes is pertinent and is much of what is already existing in the code. The effect of this change in classification in the Zoning and Subdivision Ordinance is twofold. First, it results in the removal of the square footage restriction for massage businesses in the Commercial Zones, which were classified as Personal Enrichment Service uses. Presently, the City imposes a not-to-exceed 50 percent of the lease space square footage restriction on these massage businesses. Because the CAMTC will conduct thorough background checks with the Department of Justice and have the regulatory means to revoke licensing, the City agrees with the State that from a land use perspective the limits on size are not needed. Second,by eliminating massage businesses from the Sexually Oriented Business classification and reclassifying them as Personal Services, in Industrial areas massage businesses will only be allowed in conjunction with a mixed use project, similar to all other Personal Service establishments. This change will limit the location options for future massage businesses in industrial areas as there are limited mixed-use industrial developments or development opportunities in the city. Staff recommends that the Planning Commission approve Zoning Text Amendment No. 09-003 with findings for approval and forward the item to City Council for adoption of the ordinance. The proposed amendments to Chapters 204 and 212 of the Huntington Beach Zoning and Subdivision Ordinance reflect compliance with State Law to designate massage businesses as a Personal Service use. ATTACHMENTS: -1--STrg-gested+indings-of-Approval -2—Hraft-Ordinanc-es_ 3--L-egislafive Drafts-- 4. Senate Bill 731 -Fact Sheet 5--HuntinngtoTrBeach-Municipal-Eode-Chapter 5-24-t�egislati-v -Draft (g:\forms\planning\srform05.doc) PC Staff Report 9/09/09 5 09srZTA 09-003 Wassage Ord.) SB 731 FACT SHEET SB 731 MEETS STANDARDS CURRENTLY ESTABLISHED BY CITIES AND COUNTIES AND WILL ALSO BENEFIT CITIES AND COUNTIES: I. SB 731 Meets Standards Established by Cities and Counties: • Applicants for state certification will undergo criminal background checks including fingerprints. (Section 4601.3(a)). The CAMTC is mandated to request subsequent arrest notification service from the Department of Justice for all applicants for licensure for whom fingerprints are submitted. (Section 4601.3(d)). • The CAMTC will be authorized to investigate the certificate of completion of questionable schools and reject those it determines to be fraudulent. (Section 4601(g)(1) and(2)). • The CAMTC will be authorized to discipline certificate holders through probation, suspension, revocation, or other means it deems proper. (Section 4601(a)). • The CAMTC will be required to permanently revoke the certificate of anyone violating subdivision(b)of Section 647 of the Penal Code of any offense described in subdivision. (h)of Section 4603. The law requires the CAMTC to immediately suspend the certificate,notify the certificate holder and any business employing the certificate holder of such suspension. Upon notice that the charges have resulted in a conviction,the CAMTC has authority to revoke the certificate. (Section 4602(c)). • The CAMTC will be authorized to deny or revoke certificates for unprofessional conduct, including,but not limited to,denial of licensure,revocation,suspension, restriction,or any other disciplinary action against a certificate holder by another state or territory of the United States,by any other government agency,or by another California health care professional licensing board. A certified copy of the decision,order,or judgment shall be conclusive evidence of these actions. (Section 4603(a)). • The CAMTC may also deny or revoke a certificate for the following: procuring a certificate by fraud,misrepresentation, or mistake;violating or attempting to violate, directly or indirectly,or assisting in or abetting the violation of,or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the organization; conviction of any felony,or conviction of a misdemeanor that is substantially related to the qualifications or duties of a certificate holder,in which event the record of the conviction shall be conclusive evidence of the crime; impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this chapter for the issuance of a certificate; impersonating a certified practitioner or therapist, or permitting or allowing an uncertified person to use a certificate; committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder;committing any act punishable as a sexually related crime. (Section 4603(a)-(h)). ATTACHMENT NO. • It is an unfair business practice to state that one is certified, registered or licensed by a governmental agency(the CAMTC will be a private not-for-profit with legislative oversight) as a massage therapist or practitioner. (Section 4605). • It is an unfair business practice for any person to hold oneself out or use the title of "certified massage therapist" or"certified massage practitioner" or any other term, such as "licensed," "registered,"or"CMT," that implies or suggests that the person is certified as a massage therapist or practitioner without meeting the requirements of the law. (Section 4606). II. SB 731 Allows Cities and Counties to Know Who is Practicing in 'Their Jurisdiction: • SB 731 gives the CAMTC broad authority to share information with local authorities. The CAMTC is authorized to provide to local authorities information concerning a certificate holder, including but not limited to,the current status of the certificate holder, address of the certificate holder(home and work),history of disciplinary actions against the certificate holder(including revocation), and any other information necessary to verify facts relevant to administering a local ordinance(Section 4602.5(a)). • The CAMTC must also accept information provided by local authorities,and has a responsibility to review information received and take action warranted by that information_ (Section 4602.5(b)). • The CAMTC is required to request subsequent arrest notification service from the Department of Justice for all applicants for licensure. (Section 4601.3(d)). The CAMTC can share this information with local authorities,as stated above. III. Important Authority Retained by Cities and Counties under SB 731 • Cities and counties retain authority over any person not certified pursuant to SB 731. (Section 4613(a)). • SB 731 specifies that the superior court in and for the county in which any person acts as a massage practitioner or massage therapist in violation of the provisions of this chapter, may, upon a petition by any person, issue an injunction or other appropriate order restraining the conduct. The proceedings under this paragraph shall be governed by Chapter 3 (commencing with Section 525)of Title 7 of Part 2 of the Code of Civil Procedure.(Section 4607). • A city or county may adopt reasonable health and safety requirements with respect to massage establishments or businesses,including,but not limited to: ✓ Cleanliness of rooms ✓ Cleanliness of towels and linens ✓ Reasonable attire and personal hygiene requirements (Section 4612(b)(6)). • A city or county may require an applicant for a business license to operate a massage establishment to fill out an application providing relevant information and make reasonable investigation into the information provided. (Section 4612(b)(7)). • Local authorities can deny or restrict a business license if the applicant has provided materially false information(Section 4612(b)(7). ATTACHMENT N®. • The owner/operator of a massage establishment is responsible for the conduct of all employees or independent contractors working on the premises. Local authorities can still suspend, revoke or otherwise restrict the license issued to a massage establishment for violations of SB 731 or local ordinances. (Section 4612(c)). • Local authorities may have and enforce an ordinance that is applicable to massage businesses or establishments that provides duly authorized officials of the city or county the right to conduct reasonable inspections during regular business hours,to ensure compliance with this chapter, the local ordinance,or other applicable fire and health and safety requirements. Such ordinances may require an owner or operator to notify the city or county of any intention to rename,change management, or convey the business to another person. (Section 4612(d)). • Local authorities may require a massage establishment to maintain on its premises for review evidence demonstrating that all persons providing massage services are certified. A local authority may require a business to file copies or provide other evidence of the certificates held by persons providing massage services at the business. Section 4612(b)(2)(A)-(B). • Cities and counties may adopt land use and zoning requirements applicable to massage establishments provided that the requirements are no different than those uniformly applied to other professional or personal services businesses. (Section 4612(b)((4)). IV. Restrictions on Local Authorities • Local authorities cannot have land use and zoning requirements applicable to massage establishments that are not also applied to other professional or personal service businesses. (Section 4612(b)(4)). • Local building code or physical facility requirements applicable to massage establishments cannot: ✓ Require additional restrooms, showers or other facilities that are not uniformly applicable to other professional or service businesses ✓ Require unlocked doors when there is no staff available to assure security for clients and staff behind closed doors ✓ Require windows that provide a view into massage rooms (Section 4612(b)(5)). • Local authorities cannot adopt ordinances that impose additional qualifications, such as medical examinations,background checks or other criteria, upon anyone certified by the CAMTC. ATTACHMENT N®® f ' ATTACHMENT #7 Zoning Text Amendment No. 09-003 (Massage Ordinance) Amending HBZSO Chapters 204 Use Classifications and 212 Industrial Districts and HB Municipal Code Chapter 5.24 Massage Establishments October 5, 2009 Senate Bill 731 • September 2008, Governor signs SB 731 into law creating the California Massage Therapy Council (CAMTC) • CAMTC is tasked with the mission of establishing regulatory and licensing procedures for massage therapists and practitioners in the State • Under the guidelines of the bill, cities can adopt the licensing authority of the CAMTC, .and massage professionals can voluntarily choose to be certified by the State 1 Past Challenges for Massage Professionals — SB 731 • The most difficult obstacle for massage professionals throughout the State has been the lack of consistent state-wide standards.in the licensing process • SB 731 requires Finger Printing and Training Verification, Dept. of Justice background check and licensing process • To comply with State law, City is proposing changes to HBZSO and HBNIC, which both regulate massage establishments • A community meeting was held on August 19, 2009, to introduce the pending ZTA and promote discussion regarding the provisions of the State law • The majority consensus was in favor of the certification process 2 ZTA 09-003 - Request • Amend Chapter 204 Use Classifications, Section 204.10 (V) Personal Enrichment Services, deleting massage as a Personal Enrichment Service business; • Amend Section 204.10 (W) Personal Services to now include massage as regulated by HBMC Chapter 5.24 • Amend Section 204.10 (AA) Sex Oriented Businesses, deleting reference to Chapter 5.24 HBMC • Amend Chapter 212 Industrial Districts, Section 212.04 eliminating reference to massage as a Sexually Oriented Business. Municipal Code - Request • Amend Chapter 5.24 HBMC-Massage Establishments deleting certain sections related to the certification of massage professionals and amend various sections to clarify the City's licensing process. 3 Planning Commission Review • Study Session held with Planning Commission on August 25, 2009 • Public Hearing conducted by Planning Commission (PC) on September 9, 2009 • The Planning Commission recommends approval of the Zoning Text Amendment Analysis • ZSO allows for massage businesses in Commercial and Industrial areas. • Massage businesses are either classified as a Sexually Oriented or Personal Enrichment - established only as an ancillary use. • The Zoning Text Amendment will change the classification of massage establishments to Personal Services use. • Under new State law, once a massage professional is certified they must be treated as Personal Services use. 4 Analysis (continued) • Removes the square footage restriction for massage businesses in CG zone • Eliminates massage businesses from the Sexually Oriented Business classification in the Industrial Districts • Permits Personal Services use, only in Industrial mixed-use developments Analysis • Upon adoption of the City's ordinance, all existing and new massage professionals will be required to show proof of California State Certification license • Massage professionals will have until March 1, 2010 to comply with the adopted City ordinance • Municipal Code changes are the product of the efforts of the City Attorney's Office, Police and the Planning Department concurrently proposing amendments to Chapter 5.24 of the HBMC 5 recommendation Adopt ZTA No. 09-003 and the amendment to the Municipal Code as recommended EN® Slide show 6 RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Zoning Text Amendment No. 09-003 and Amendments to Municipal Code (Massage Regulations) L COUNCIL MEETING DATE: October 5, 2009 i"4L" CH Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable El Resolution (w/exhibits & legislative draft if applicable) Attached El Not Applicable 0 Tract Map, Location Map and/or other Exhibits Attached El Not Applicable Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the City Attorney) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Attached El Certificates of Insurance (Approved by the City Attomey) Not Applicable 0 Attached El Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable 0 Attached El Bonds (if applicable) Not Applicable Attached Staff Report (if applicable) Not Applicable Ej Commission, Board or Committee Reort (if applicable Attached p ) Not Applicable ❑ Attached Findings/Conditions for Approval and/or Denial Not Applicable ❑ EXPLAHATION FQjR,_NMWWE�Ta ATTAC MRQ E WED "'FOkt*A ' ED' Administrative Staff -Assistant City Administrator (Initial)d -City Administrator (Initial) -City Clerk E OF ITEW XPL7, N.F9R­*.RETURN,'_' low RCA Author: SH: MBB:RM . i CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC }TEARING REQUEST SUBTECT: DEP rMENT: _ MEETING DATE: . . CONTACT: PHONE: r� D /A YES j is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) (✓� ( ) Are the date,'day and time of the public hearing correct? (V) ( ) ( ) If an appeal,is the applicant's name included in the notice? ( ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( { ) ( ) Is there an Environmental Status to be approved by Council? Is a map attached for publication? ( ) ( ) ('f Is a larger ad required? Size Is the verificatioa statement attached indicating the source and accuracy of the mailing list? (✓f ( ) (`'�Are the applicant's name and address part of the mailing labels? Are the appei anes name and address part of the matting labels? ( (• ) ( ) If Coastal Development Permit,is the Coastal Comtaission part of the atasling labels? If Coastal Development Perirut,are the resident Labels attached? Is the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: 's _ 1. Minimum days from publication to heating date 2. Number of times to be published t 3. Plumber of days between publications PJ� 21 . s NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, October 5, 2009, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ZONING TEXT AMENDMENT NO. 09-003 (MASSAGE ORDINANCE): Applicant: City of Huntington Beach Request: To amend Chapter 204 Use Classifications and Chapter 212 Industrial Districts of the Huntington Beach Zoning and Subdivision Ordinance to reclassify massage businesses as a Personal Services use pursuant to recent changes in State law. Location: Citywide Project Planner: Rosemary Medel NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program Amendment certified by the California Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, October 1, 2009. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 GALEGALS\CITY COUNCIL\2009\091005 (ZTA 09-003 Massage Ord).DOC Easy Peel®Labels b C/ 1 ♦ Bend along line to /000P AVERYO 5960T"' ; Use Avery®Template 51600 {�/12 1 Feed Paper expose Pop-Up EdgeTM _ 91,9Z6 V0 `HOVHU N0.I.JNI.LNf1H 9b9Z6 V0`HOVUg NO.LJNI.LNf1H 9t W6 V0 `HOVHU NO.LJNI11,1M U)IVHdVSUHO Z686I aNV'I.L2IOdUUN,4 I£I I HNV I 3Sf10H.IHJI'I 19ZOZ 'I UNVIQ MUSNH'HOS 90NUSS9 JNILOOd AQIlf X91kf1JN 9�9Z6 V0 `HOVHH NO.LJNI.LNf1H 9�9Z6 VO `HOVUU NO I JNIZNf1H U'IO2II0 TIVJ MS I L I6 9t9Z6 VO `HOVUH NO LIJNI LNf1H UNV'I 00011MUH ZI661 HDVSSVW HAV SWVQV Z9I0I SHNOf NUH'IHIV-I OTIUQNOW 31IS-NO HOVHH NO.LJNI.I Nf1H HONTTIHOXH UVH32I 3O?NH.LNHO 9179Z6 V0 `HOVHH NOI NaJLNf1H 9t79Z6 VO `HOVUU NO.LJNI.LNf1H 9t W6 VO `HOVHH NO.LDNI.LNf1H HAMI MXXV I0I6 IVXVNVH I69IZ M)IIS,LS2IflH?OONE101061 SOI.Lf11dVWEIHs LSA IV I.VO AINIAHU NO.L.Ing NO'IVS W VdS HH.I.V3N9 9179Z6 V0 `HOVHU NOLJNI.LNf1H 9I9Z6 VO `UNIA2II t,I9Z6 V0 `HNIA- I HNV'I HSf101111-19TI I9ZOZ L98t XOU Od SgOfRIO SVII S VGA V I'IUH If Vf1H IfIN NVHQ SXaM0 909Z6 V0 `HOVHH NO.LJNLINfIH t,09Z6 V0`WA2II 10816 V0 `V2 9WVH IV Z9tt XOH 0 d 89#AVjAXdVd NO.L IV I SOS V#UfINIAV'IHdVHO S 81£ Vas AVQ'd9A0WCU10'I0 JNVd m1w f110 NI00f1D NIf 9LLI6 V0 `'IMEIVtO NVS 9LLI6 V0`'IMUVtO NVS 9t1L16 V0 `S.IHJIHH VQNHIOVH 6Z8#?IQ SVNfU SVI H SOOI 9f1NHAV HWII I£I 1AV QOOA1 ANINf100 80tt NVfMI NVf1I -•Nf16I'I JNVf1H UNGON AU aDVSSVW OI 9t,L16 V0`S.LHIOIHH VQNUIOVH HOV V0`JINNI 9 91E tI806 V0 `HOVUH 9NO'I H0V'Id I'IU OOL I gOV Id JHdIN[rDv U 9 t£ U0V'Id JUdINNIM H 91£ ANNVf Nf1H0 WIA JNOd UJVSSV S VS02I ORI'IHQ OI,LI1dV2IHH.L HONV'IVH QU2IOVS 90806 V0 `HOVHH JNOI £0806 V0 `HOVHH JNO I 9IL06 V0 `QOOANUXV'I £ #IS HIf10S H OZBZ H#UAV VQVNV'dD Z/I 6ZZ 80Z#.LEMIS WIV2LLNU0 09LZI AQNIO NVHS An 19ANVW ZHNI.LIJM V dC[NVXH'IV VSS21NVA SM £OL06 V0 `S0.LMH0 £OL06 V0`SO.LMFID O£906 V0`SSUNdAO 1AV SHdVW S 11 OZ UAV SHdVW 61 SL I AVA1 X00 dGVHS 6089 VIUM'daH0,IU'I3 NNAl R1 aX.IWVH UQ V.IINV'IH.IVd 0£906 VO`SSIUJA0 ZtZ06 V0`AUNtk10Q 8Z006 VO`SU'IgDmv Sol AV,A gnbINOW ZLZ8 HAV EIDMUNVIS bZZ£I 006#QAZU 0001WATI0H ZZ69 NOSITIV HS001I NONNax NOSvw 'IU.LOH NVHXHU?IOHS Etiquettes faciles a peter Repliez a la hachure afin de www .avery.com ww.averycom Utilisez le gabarit AVERY® chargement p p 51600 Sens de r6v6ler le rebord Po -U TM 1-800-GO-AVERY i T - -- - - ( ;uawafuetf3 ( zast t Epsy Peer' -O"08-1 i r,Mdn-dods�al'a along fin®}}�tcsuas i i 009%213YAM nUeea Averyo T 4@1At M c l e Pop-Up Edg�J' , 119S 14, President 1 Huntington Harbor POA l0 Sue Johnson 16 H-B.Chamber of Commerce R O. Box 791 19671 Quiet B ane 19891 Beach Blvd.,Ste_ 140 Sunset Beach, 90742 Huntingto ach,CA 92648 Huntington Beach,CA 92648 Dave Stefanides 2 Orange County Assoc.of Realtors 25552 La Paz Road Laguna Hills,CA 92653 President 3 Jeffrey M.Oderman 12 Pacific Coast Archaeolo 18 Amigos De Bolsa RUTAN&TUCKER,LLP Society,In P_O.Box 156 611 Anton Blvd.,14'�Floor P.O. Box 1092 Huntin each,CA 92647 Costa Mesa CA 92626-1950 Costa Mes , A 92627 Attn: e Gothold Sunset Beach Community oc_ 4 Pres.,H.B.Hist Society 13 Director 19 Pat Thies,Presiden C/O Newland House Museum O.C_ Ping&De�,_ cesDept- PO Box 215 19820 Beach Blvd, P.O. Bog 4048 Sunset ach,CA 90742-0215 Huntington Beach,CA 92648 Santa Ana A 92702-4048 President 5 Community'Services Dept 14 Bryan Speeir� l 19 Huntington Beach Tomorrow Chairperson O.C_Resop. Mgt_ Dept_ PO Box 865 Historical Resources Bd. P.O.Box Huntington Beach,CA 92648 Santa a,CA 92702-4048 Julie Vandermost 6 Council on Agrng 15 Planning Director 20 BIA-OC 1706 Orange 11 _ City of Costa Mes 17744 Sky Park Circle,#170 Huntington acfr;CA 92648 P.O_ Box i2 Irvine CA 92614 4441 Costa M a,CA 92628-1200 Richard Spicer 7 Jeff MetZel 16 Planning Director 21 SCAG Seacliff HOA City of Fountain V y 818 West 7 2th Floor 19391 Shady or Circle 10200 Slatec e_ Los An s,CA 90017 Huntington ach,CA 92648 Fountain Valley,CA 92708 Jean Kimbrell 8 John Roe 16 Planning Director 22 c/o E T.I.Corral 100 Seacliff HOA City of Newpo each 20292 Eastwood Cir_ 19382 Surfd Lane P.O_Box 1 Huntington Beach,CA 92646 Huntin Beach,CA 92648 Newport Beach,CA 92663-8915 N ei d emu%,) Dave Guido �� i '�,�3/9� Lou Marmon 16 Plancung Directo 23 Enviro ental and Chairman Seactiff HOA Cty of W ter 212 Lochlea Lane 19821 Oce uff Circle 8200 estmiMt ,Blvd_ untington Beach,CA 92646 Huntin Beach CA 92648 Westminster,CA 92683 l� 0o3 Planning Director 24 Nancy Sebring HB Hampton HOA 38 City of Seal Beach Ocean View Eleme School District Progressive Community Mgmt 211 Eight St. 17200 Pinehurs ane 27405 Puerta Real,#300 Seal Beach,CA 90740 Huntingto ach CA 92647 Mission Viejo,CA 92691 /o � t 3�' vlc 1 wfb6P3 dn-dod p fj a fa1aenere g%j jai vv ®AGany as f4 Sen921ilull 6uofe M ! 1-Rnn-(;n-l� ce lOad&23 0tili<e�In n�Fe r4 \ R Gn� i. av ar la�f10-ttt _ t,asy Peel®l tb-09-008-6 A0n-dojF=W al�al�@�iy alongiiWolq;as4a i - 009 21 a dse Avery®VRA 44r ► 1 q Pop-Up E� _"' a a e B. sa !} California Coastal Comnussi - 25 Clark Hampton 32 Sally Graham 39 Theresa Henry Westminster S District Meadowlark Area South Coast Area ce 14121 Ceda ood Avenue 5161 Gelding Circle 200 Oceangat , 10th Floor Westminster CA 92683 Huntington Beach,CA 9 49 Long Beach,CA 92802-4302 California Coastal Commission 25 Stephen Ritter 33 Cheryle Browning 39 South Coast Area Office HB Union Hi School Disrict Meadowlark Area 200 Oceangate,10 oor 5832 Bols venue 16771 Roosevelt Lan Long Beach,C 02-4302 Huntin on Beach,CA 92649 Huntington Beach, 92649 Ryan P_Chamberlain 26 /0 /� /�©o/ Hearthside Homes 40 Caltrans District 12 6 Executive Circle Suite 250 3337 Michelson D ' e,Suite 380 O 9 _DO 3 Irvine,CA 92614 Irvine,CA 926 -1699 Director 27 Goldenwest Coll 35 Bolsa Ghica Trust 41 Local Solid Waste E If Attn. Fred ens 5200 Warner eaue,,Ste. 108 O.C- Health Care ncy 15744 enwest St Huntington ch,CA 92649 P.O. Box 355 Hun- oa Beach CA 92647 Santa Ana,CA 92702 New Growth Coordinator 28 OC County Harbo each 36 Bolsa Chica Hand Trust 41 Huntington Beach Pos face and Padcs De _ Evan Henry, resident 6771 Wamer Ave_ V O_Box 8 1812 Port Tiffin Place Huntington Bea CA 92647 Santa Ana,CA 92702-4048 Newport Be ,CA 92660 l Marc Ecker 29 Bella Terra Mall 37 Fountain Valley Elem_ ool Dist Atta:Pat Ro -Laude 10055 Slater Avenu 7777 r Ave.#300 Fountain Valle 92708 Hun" on Beach CA 92647 Dr-Gary Rutherford,Super_ 30 Country View Estates A 38 OC Sanitation trict 42 HB City Elementary School Dist. Came Thomas 10" Ellis Av nue 20451 Craimer Lane 6642 Trotter ve Fountain Vall. CA 92708 Huntington Beach,CA 92648 Huntingto each CA 92648 David Perry 30 Country View Esta OA 38 Eric Pende ft,Plant Manager 42 HB City Elementary School Dist Gerald Chapm AES Huntin on Beach,LLC 20451 Craimer Lane 6742 Shire - e 21730 Newt nd Street Huntington Beach,CA 92648 Huntin a Beach CA 92648 Huntington kach CA 92646 Richard Loy 42 Huntington Beach Softball* 47 AYSO Regi n 56 47 9062 Kahului rive Mike Erickson Com**,�ssio er John Gcay Huntington ach CA 92646 P.O_Box 39 9522 Smo y Circle Huntin n Beach,CA 92605-3943 Huntingto Beach,CA 92646 John Ely 42 AYSO Region 117 47 AYSO Re 'on 55 47 22102 Rockport L John Almanza Conunissi er Russ Marlow Huntington Bea CA 92646 19961 Bushard 18111 Bre ell Circle Fountain V ey,CA 92708 Huntington ,CA 92647 tiquettes fa it eler wa p3 d0-dod"03ft la,, �d i w�r0�lt5 lE l eGand as�l U1�1 c� Y 9 L—�p .Ull 6uole &r le�P-UPVA l 1-800-GO- t laad AS83 �rc�1{•�4j f w��-�o ao��� �����a }�������� � �e����a��w �������c�a+ SPOILED IN HB DAVID STRASSBURG VITAL TOUCH MASSAGE GAYLE JIMENEZ SHEILA ELIZABETH WEBB 6034 WARNER AVE 10372 ORONSAY CIRCLE 21692 POLYNESIAN LANE HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92646 LORI D BURLESON-PRICE YUN XIAN CHEN CHRISTINE DAO 17962 BARON CIRCLE#2 16612 BEACH BLVD #A 14882 RIDGEVIEW CIRCLE HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 KERRI LYNN DE HART E Q ENTERPRISES ELITE SPA 14882 RIDGEVIEW CIRCLE 16518 BEACH BLVD EDWARD T LABANCA HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 16518 BEACH BLVD HUNTINGTON BEACH, CA 92647 DENA FORD HEALING HORIZONS MASSAGE ELLEN KAILIAWA 7863 RONALD DRIVE SAMANTHA GUZMAN 17672 BEACH BLVD #E HUNTINGTON BEACH, CA 92647 7561 CENTER#1S HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 MASSAGE ENVY NAILS HAPPY NATIVE PALM CER ENTERPRISES INC TRAM ANH NHAT BACH MICHELLE M_ MARCEO-MON 7651 EDINGER#G102 17422 BEACH BLVD P.O. BOX 1883 HUNTINGTON BEACH,CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 RESULTS MASSAGE SERRANO DOLORES &NAG GABRIELA STEFAN 17612 B D TABOR EACH BLVD#3A 16612 BEACH BLVD#A 6200 EDINGER AVE#305 HUNTINGTON BEACH BEACH, CA 92647 U HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 N T L C DAY SPA TABLE FOR ONE DAY SPA TRUSTING HANDS TOUCH PRONG NGUYEN ANN WAYMAN NATASHA HARRIS 16612 BEACH BLVD#1 5762 SPA DR 8521 JUDY CIR HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 CHRISTY J VIVION YU LAN WANG LI YOU 17772 ALTAMIRANO LANE 16518 BEACH BLVD 16518 BEACH BLVD HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 SHUFEN ZANG CASSANDRA J ANDERSON COOLCUTS 16518 BEACH BLVD 709 PALM AVE#5 CHARLENE NGUYEN&TAW HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92648 19142 BEACH BLVD#BB HUNTINGTON BEACH, CA 92648 LU FENG MEI RAN HAVEN OF WELLNESS 19372 SUNRAY LN 4201 18682 BEACH BLVD#110 ELIZABETH NICOLE SPENCE HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH,CA 92648 315 3 ST#H HUNTINGTON BEACH, CA 92648 1 wiU9b5(�' ?ran q 8i� {i 88I BH�II �— s �risiftem fOA3 T A2l3AV-09-008-L w dn-dod pjogaj 81 jalgAaj }uawa t':'� J a zas,i C 1J►�9ld1iRM ; f]r, Ri�@ �'� a ep spas it ® � � l ii yz� sry��i t ',l wo:)-Ajane Annnnn lap uge ajny�eq el a zail as �� h JENNIFER WOODWARD JUAT LAI F GUZMAN LESLIE'S MASSAGE WELLNESS LESLIE J MCARTHUR P O BOX 257 2117 ALABAMA#3 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 P O BOX 838 HUNTINGTON BEACH, CA 92648 MASSAGE INC JANET MANDLI THE HEALING TOUCH rx CHRISTIAN FEA 416 17 STREET 19900 BEACH BLVD #C2 HUNTINGTON BEACH, CA 92648 18685 MAIN STREET#101 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 THUY DUO NG THI PHAN DE YUN XU JENNY YANG 19496 SANDCASTLE LN 16518 BEACH BLVD 2323 DELAWARE STREET #3 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 DIAN WEI ZHONG CORY CALCAGNO MASSAGE JENNIFER HOCUTT 18682 BEACH BLVD#110 16672 PARLAY CIRCLE 16701 ALGONQUIN ST#F302 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92649 HUNTINGTON BEACH, CA 92649 JENNIFER JACKLIN MICHELLE PREWETT RESTORATION THERAPY 4972 WARNER AVE#101 4972 WARNER AVE 4101 RHONDA S BROWN HUNTINGTON BEACH,CA 92649 HUNTINGTON BEACH, CA 92649 3627 WINDSPUN DRIVE HUNTINGTON BEACH, CA 92649 WEI SUN BENS MASSAGE BENJAMIN DANG RONICA STAR CABRERA 16038 SPRINGDALE#D17 8951 MARBLE CIRCLE HUNTINGTON BEACH, CA 92649 W MINS AVETER,CA A 92683 ESTMINS WESTMINSTER,CA 92683 WE ROSA DEL RIO XUAN HANH DIEU HENRY MASSAGE 15661 FOX HILLS STREET 14882 STANYAN CIR DUC THUONG HA WESTMINSTER, CA 92683 WESTMINSTER,CA 92683 15661 FOX HILLS STREET WESTMINSTER,CA 92683 JENNIFER HOCUTT MASSAGE NATURAL LAVEN NGUYEN ANDREA LENA " 14882 STANYAN CIR ROSA DEL RIO 16572 PETS WORTH WESTMINSTER, CA 92683 15661 FOX HILLS ST WESTMINSTER,CA 92683 WESTMINSTER,CA 92683 BRENDA RYCHLIK YUN Z DENG LEISA JO WALLER 5881 JONES AVE 27032 MARISCAL LANE#N 1121 LA LOMA DR WESTMINSTER, CA 92683 MISSION VIEJO,CA 92691 SANTA ANA,CA 92705 LEUNG TAK-MING LAURA ATKINSON CHRISTINA BUI 1121 LA LOMA DR 9531 SLATER AVE#20 10886 OBSIDIAN SANTA ANA,CA 92705 FOUNTAIN VALLEY, CA 92708 FOUNTAIN VALLEY, CA 92708 T — n 10 f s w,.a6P3 dn-dod asodxa �� jaded paaj f z 009LS a;eldwal ofJOAV ash wj.096S ®Jl���� 1 -n ^n9 t wig�g � 8xa ®d jadewpaai _lye &09LS aA ,;l6W `1,*fi 70 1 1'i A Irli, a v- 4m a mg'y HEATHER L MEREDITH SACRED BALANCE THERAPY JANELLE LEON 10498 KLAMATH RIVER CIRCLE CHARITY ANN SMARANDO[U 15701 TUSTIN VILLAGE WAY FOUNTAIN VALLEY, CA 92708 10886 OBSIDIAN TUSTIN, CA 92780 FOUNTAIN VALLEY,CA 92708 JT MASSAGE JANET LILOVA XUAN H DIEU QUYEN DINH VU 1842 W VALENC[A DR#2 13442 EL PRADO#D 13442 EL PRADO #D 1842 W ALON, CA DR GARDEN GROVE,CA 92840 GARDEN GROVE,CA 92840 FULj 833 LEISA JO WALLER CHRISTINA BUI CHRJSTINE DAO 9371 BLANCHE AVE 13935 FERNWOOD DR 13935 FERNWOOD DR GARDEN GROVE,CA 92841 GARDEN GROVE,CA 92843 GARDEN GROVE,CA 92843 LIEN NGUYEN QUYEN DINH VU LUZ M PEREZ-FIGUEROLA 12662 CARDINAL AVE 11301 TRASK AVE #2 1010 E YORBA LINDA BLVD#1131 GARDEN GROVE, CA 92843 GARDEN GROVE,CA 92843 PLACENTIA,CA 92870 KRISTEN CAIN MASSAGE/SKIN CARE BY JA BODY FORTE 3508 LAKE RD JACLYN ROSS ANNA LYON-NELSON DELANSON,NY 12053 6856 DAKOTA AVE 177 22ND STREET#1 RANCHO CUCAMONGA,CA 91701 COSTA MESA,CA 92627 AVA NOEL SILKENSON MADISON WIHONGI Isr IMPRESSION NAIL SALON 1850 WHITTIER AVE#A207 9433 GERANIUM CIRCLE 18360 BEACH BLVD COSTA MESA,CA 92627 FOUNTAIN VALLEY,CA 92708 HUNTINGTON BEACH, CA 92648 A FRAGRANCE SHOP ANITA PATEL ASH CHIROPRACTIC 18607 BEACH BLVD 301 MAIN ST 16701 ALGONQUIN ST SUITE F302 HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH,CA 92649 ASHER CHIROPRACTIC BELLA LUCHE BEST IN BODYWORK 19232 17'STREET SUITE C 4911 WARNER AVE SUITE 103 18942 FLAGSTAFF STREET HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH,CA 92649 HUNTINGTON BEACH, CA 92646 BODY CENTER DAY SPA BODY MIND RENEWAL BODYWORKS MASSAGE 17672 BEACH BLVD SUITE D& E 16511 GOLDENWEST STREET 419 MAIN STREET SUITE#139 HUNTINGTON BEACH,CA 92647 HUNTINGTON BEACH,CA 92647 HUNTINGTON BEACH,CA 92648 BREATHE SPA AND SALON BREEZE BROADMOORE SPA 19010 BROOKHURST 9907 14AMILTON 5075 WARNER AVE SUITE 101 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92649 T 61�a1111i�iA Aym � v I ITV -t wEdl@r pt®ge�l al Jai9A9r ;pop sues 009LS®Aa3AV jpeqsAa4jZWjjjfl NwrAWAWAMW a®uP @J"4m4 el 9 w9d8y salad a salpftqmqWft BROADMOORE SPA CA COLLEGE OF PHYSCL ARTS CHRISTINE DAO MASSAGE 714 ADAMS SUITE 107 18582 BEACH BLVD 13935 FERNWOOD DRIVE HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92648 CHRISTINES CLASSIC DAY SPA CHRISTY VIVIANO COAST CHIROPRACTIC 22015 BUSHARD AVE 17772 ALTAMIRANO DRIVE 5911 HEIL SUITE F HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92649 j COAST INSTITUTE REFLEXOLOGY DAVID STRAUBURG DEAN OWENS 305 ORANGE 10372 ORONSAY DRIVE 7801 CENTER DRIVE SUITE 202 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92647 DNS MASSAGE AND COLON TH DOLCE VITA SKIN AND BODY FAMILY NAILS 18672 FLORIDA SUITE 102A 16511 GOLDENWEST ST SUITE H 5906 WARNER AVE HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92649 FITNESS ADDICTION FITNESS ADDICTION FITNESS CHIRO AND MASSAGE 4911 WARNER AVE SUITE 102 808 E. ADAMS 15121 BOLSA CMCA HUNTINGTON BEACH, CA 92649 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92649 GEM DAY SPA HB BEAUTY SUPPLY& SALON HB SKIN SPA 6501 PALM AVE 10090 ADAMS AVE 526 MAIN ST SUITE 102 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92648 HEAD 2 TOEZ HEALING TOUCH MASSAGE HELPING HANDS 7011 WARNER AVE 19900 BEACH BLVD SUITE C2 14882 RIDGEVIEW CIRCLE HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 HUE AVEDA IMAGE CENTER JENNIFER WOODWARD MASSAGI 7821 EDINGER AVE SUITE 13-150 7801 CENTER DRIVE#100 910 ACACIA AVE HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92648 JOLLY DELUXE SPA JUAT LAI F GUZMAN KARENS THERAPUTIC DAY SPA 18822 BEACH BLVD SUITE 109 2117 ALABAMA#3 207 NASHVILLE HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH,CA 92648 KATIE RABERS FACE & BODY KOOP CHIROPRACTIC LAURA ATKINSON 5911 HEIL SUITE D 416 17TH STREET 5911 HEIL SUITE D HUNTINGTON BEACH, CA 92649 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92649 QQggyy ������g —�— o aso xa �a a as ��T/ �pgg SS a e�w �ian ISs� �ui�965�i�1R�R47(!� ,��.,,-,r: !! w �a ® jai a as !�Y3 rY7 89�5 ai5�sta lied��fi�3 a �a ana� tuawo5jeyy� gg S iae eg a zaInti ;� a�aaJ �g lu a 4� �95uae�I �Fi a za e�, z . a a i f Safe S Alaza a as e s sa a I LORNA GRIFFIN MASSAGE MASSAGE BY DEBRA SMITH MASSAGE BY JULIE ALVAREZ 16835 LYNN ST APT E 8321 MAGIC CIRCLE 8321 CAPE HORN DRIVE HUNTINGTON BEACH, CA 92649 HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH, CA 92646 MASSAGE ENVY MASSAGE THERAPY SOLUTIONS M-ESCAPES 7777 EDINGER AVE#G-102 5011 ARGOSY STREET SUITE 2 18672 FLORIDA SUITE 100 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92649 HUNTINGTON BEACH, CA 92648 NATIVE PALM OC SPA& WELLNESS CENTER PACIFIC WATERS SPA(HYATT) 19682 SEAWIND CIRCLE 4972 WARNER AVE 21500 PACIFIC COAST HWY HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH,CA 92649 HUNTINGTON BEACH, CA 92648 PACIFICA HEALTH& BODY PURE SOLE RAINBOW LOTUS THERAPIES 7561 CENTER AVE SUITE 15 19142 BEACH BLVD AAIZ 7762 CYPRESS #4 HUNTINGTON BEACH, CA 92647 HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH, CA 92647 REVITALIZATION MASSAGE RONICA STAR CABRERA ROSA DEL RIO MASSAGE 18682 BEACH BLVD SUITE 110 8951 MARBLE CIRCLE 15661 FOX HILLS ST HUNTINGTON BEACH, CA 92648 WESTMINSTER,CA 92683 WESTMINSTER, CA 92683 SACRED BALANCE RETREATS SALON AMBIANCE SANCTUARY BODY SPA 3168 WINNIPEG PLACE 5075 WARNER AVE 16043 BOLSA CHICA LONG BEACH, CA 90814 HUNTINGTON BEACH,CA 92649 HUNTINGTON BEACH,CA 92649 SEA NAILS SEACLIFF COUNTRY CLUB SHEAR OASIS SPA 200 MAIN STREET SUITE 117 6501 PALM AVE 15052 EDWARDS ST HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH, CA 92647 SKIN DEEP SOLES CLUB SPRING MASSAGE 7862 WARNER SUITE J 18582 BEACH BLVD#3 10151 ASCOT DR HUNTINGTON BEACH,CA 92647 HUNTINGTON BEACH,CA 92648 HUNTINGTON BEACH, CA 92646 SUBTLE BODY SUNSHINE SPA TABLE FOR ONE DAY SPA 19912 EDGEWOOD LANE 7923 WARNER AVE SUITE C 5762 SPA DRIVE HUNTINGTON BEACH, CA 92646 HUNTINGTON BEACH,CA 92647 HUNTINGTON BEACH, CA 92647 THE NAIL AVENUE WARN BERNSTONE MASSAGE YAMYA SHAKTI YOGA 300 PACIFIC COAST HWY 9114 16701 ALGONQUIN'ST 9214 6805 SEASHORE DRIVE HUNTINGTON BEACH, CA 92648 HUNTINGTON BEACH,CA 92649 HUNTINGTON BEACH, CA 92648 � lie ,�� W � a _® .inn m-2 , AMAV6CY"08-4 i rud0-dod paogaj 01 J819naa tuap ®09LS �1 9N�1 suss ap uge aan42e4 el g zapdaH ® f P,sv attic}? ZEN FOOT CARE&CHIROPRAC Robert Smith 16466 BOLSA CHICA AVE 21352 Yarmouth Lane HUNTINGTON.BEACH, CA 92649 Huntington Beach, CA 92646 I I i I I i I i Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California,under date of Aug. 24, 1994,case A50479. PROOF OF NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF PUBLICATION NTI NTONBEA HUNTINGTON BEACH , NOTICE IS HEREBY GIV- EN that on Monday, Oc tober 5, 2009, at.6:00 STATE OF CALIFORNIA )p ) p.m. the City Council, Chambers,- 2000, Main Street, Huntington' _Beach, the City Council SS. will hold a public hear-', COUNTY OF ORANGE ) pla on the following) planning and zoning items: ❑ 1. ZONING :TEXT, AMENDMENT NO. 09- 1 am the Citizen of the United States and a 003 (MASSAGE ORDI- NANCE,*Applicant:City resident of the County aforesaid; I am over of Huntington Beach Rp- � quest: To amend Chap- the age of eighteen ears, and not a art ter 204 Use Classifica- tions and Chapter 212 to or interested in the below entitled matter. Industrial Districts of ,the Huntington Beach am a principal clerk of the HUNTINGTON zoning and Subdivision p p Ordinance,to reclassify BEACH INDEPENDENT, a newspaper of la Pero businesses as a Personal-Services use general circulation, printed and published in Iehang satin to in 'Location: Citywide ' the City of Huntington Beach, County of Project Planner: Rose- mary Medal Orange, State of California, and the NOTICE IS HEREBY GIV- EN attached Notice is a true and complete co go that Item#1 t from p copy gorically exempt from the provisions of the as was printed and published . on the California Environmental uali Act. following date(s): NOTICE IS HEREBY GIV- EN that Item #1 will require,a Local Coastal Program Aiehdrrient certified by, the.Califor= nia Coastal Commission. ON FILE: A copy of the proposed request is on file in the Planning De- partment, 2000 Main Street, Huntington September 24, 2009 or inspecton�aby2648 the public. A copy of the staff report will be f available to interested parties at the City. Clerk's Office on Thursday, October 1, 2009.. ALL INTERESTED PER.' SONS are invited to at- tend said hearing and declare, under penalty of perjury, that the express opinions or sub-. mit evidence for or foregoing is true and correct. against the ova.appl cationf u as outlined above.If you challenge the City Coun- cil's action in court,you may be limited to rais- ing only those.issues Executed on September 24, 2009 rai orsed att the th ep else raie ublic hearing described in this at Costa Mesa, California notice,or in written cor-I respondence delivered, to the City at, or prior I to,the public hearing. If %. there, are any further) questions please call the le Planning Department at 536-5271 and refer to Sinat the above items. Direct g yo`Lr written communi- cations to the City Clerk. Joan L.Flynn,City Clerk City of Huntington Beach 2000 Main Street, i 2nd Floor Huntington Beach, California 92648 (714)536-5227. Published Huntington I Beach Independent Sep- tember 24,2009 094-876� Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF NOTICE OF PUBLIC HEAIUNG PUBLICATION BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIV- STATE OF CALIFORNIA ) to that on Monday; Oc- tober 5, 2009, at 6:00 00 p.m. in the City Council Chambers, 2000 Main SS. Street, Huntington Beach, the City,Council ) .will hold public hear- COUNTY OF ORANGE ing on the following , ! tplanning and zoning items: 0 .1. ZONING TEXT,' I am the Citizen of the United States and a AMENDMENT NO. 09- '003 MASSAGE 'ORDI-' resident of the County aforesaid; I am over NANC):Applicant:City of Huntington Beach Re-a the age of eighteen years, and not a party quest: To amend Chap- ter 204' Use Classifica- to or interested in the below entitled matter. tions and Chapter '212 Industrial Districts of am a principal clerk of the HUNTINGTON the Huntington Beach Zoning and Subdivision BEACH INDEPENDENT, a newspaper of ordinance to reclassify general circulation, printed and published in massage businesses a Personal Services use the Cit of Huntin ton Beach, Count of )pursuant to recent changes. State law. y g y '.Location: Citywide Orange, State of California, and the t Planner:'-Rose- J�many aryMedel attached Notice is a true and com lete corepy NOTICE IS HEREBY - p 'EN that Item#1 is catoate- as was printed and published on the theicprovisionspoff the rom following date(s): Quality Act.' Environmental Quct: NOTICE IS.HEREBY GIV- EN that Item #1 will ,require a Local Coastal Program Amendment certified by the Califor- nia Coastal Commission. ON FILE: A copy of the proposed request-is on file in the Planning De- partment, 2000 Main September 24 2009 street, Huntington Beach;California'92648, for inspection -by the public. A copy of the staff -report will be available}to interested parties at the City Clerk's Office on Thursday, October 1, 2009. ALL INTERESTED PER- SONS are invited to at- tend said hearing and declare, under penalty of perjury, that the express opinions or sub- mit evidence for or' foregoing is true and correct. against the application as outlined above.If you challenge the City Coun- cil's action in court,you may be limited to rais- ing only those issues Executed on September 24, 2009 you or Someone else raised 'at the public at Costa Mesa, California hearing described,in this notice,or',in written cor- respondence delivered to the City at, or prior to,the public hearing. If �! there are any further ( V�� questions please call the Planning Department at Signature—­"' 536-5271 and refer to the above items. Direct 1 your written communi- cations to the City_{ Clerk': Joan L.Flynn'City Clerk ! City of Huntington Beach 2000 Main Street; • '',2nd Floor . Huntington Beach,` California 92648 (714)536-5227 Published Huntington Beach Independent Sep-' tember 24,2009 _ 094-876 I Joan L. Flynn, City Clerk City of Huntington Beach ; 0 G " R �� � � � Office of the City Clerk { & . 0 00 4 P.O. Box 190 > 0 0 ; ;�-/r 41 M ( u Huntington Beach, CA 92648 .. maiied From 2648 US POSTAGE LEGAL NOTICE - PUBLIC HEAF i � <1), j Tfi MADISON WIHONGI Q .9433 GERANIUM CIRCLE 09 n o77(1R FOUNTAIN V WIHONGX 925436 l..A GRAAIw7DLa AVE' j t D �,, ^ U +-j-••"::":N?»^ :» +.— i �'si�i RCTURN TO SENDER 13.2E-473c�c6190 I T - -- - - -- -- -- - d I Joan L. Flynn, City Clerk j City of Huntington Beach +�: 012HIE3209932 1 Office of the City Clerk .�� i P.O. Box 190 � ;� 414 Huntington Beach, CA 92648 A •" fu 09'24.12009 Aft.-,wee From 92648 US POSTAGE LEGAL NOTICE - PUBLIC HEARING NA r : -e 0 0 3 MASSAGE ENVY � 7777 EDINGER I' /0y) C ,s q0 HUNTINGTON I ra xx 1927 DV. 1 00 09/ 29/09 RETURN TO SMNDER NO SUCH MUMMER UNAaL"r. 'ro roRws Rc) `• 019 'BC:: 92540019090 *.207 7--09 260--29-20 Joan L. Flynn, City Clerk { City of Huntington Beach 6 ° ' Office of the City Clerk00.4 I F P.O. Box 190 r4 z�<};24:2009 Huntington Beach, CA 92648 w Nbi!Qd rroM 92648 US POSTAGE: LEGAL NOTICE - PUBLIC HEARING it C11Y 2 G/ CHRIST DAO 14882 RIDG IEW CIRCLE nor n��n-� i I-IIINTINGT i RETURN TO sENDER ATTEMPTED •- NOT XNOWN UNAEDI-E 'TO FORWARD Esc: 92649019090 *.2177--0109 a--29--20 /Yj ���I�� •' 1 `�' � 11,I7„,J,l,lI7,7),111711,/1i71111111,11,lllltltl,lllt,lltllli „ I i Joan L. Flynn, City Clerk °�'v Q12H16209932 City of Huntington Beach Office of the City Clerk ' . P.O. Box 190 ' Huntington Beach, CA 92648 MaRed From 92648 �a US POSTAGE R LEGAL NOTICE - PUBLIC HEARING - � n//� • 6 v �/ 0 ANITA PATEL f Q/ 301 MAIN ST n l n HUNTINC'�nrr n G n r u c A Q?648 03 l•J RETURN TO SENDER g Cam- :CNESUFFXC:CMNT ADDRESS UNASL.E TO FORWARD e, ?� 926-54 �D1� .a II1111)Sllllllllllllilllllllllll,lllilllllll171)1)111171111111 f 9+z^15Fati�999E t Joan L. Flynn, City Clerk 012HI6209932 City of Huntington Beach Z Office of the City Clerk $00414 P.O. Box 190 i's j, J- 09/2412009 Huntington Beach, CA 92648 Mailed From 92648 US POSTAGE LEGAL NOTICE - PUBLIC HEARING /We CHRISTINES CLASSIC DAY SPA 22015 BUS14AR-D AVE H-UNTFNGTONP- ' -" qWEX111M 927 SE 1 01 .10/01/09 RrTuRN TO sqNDE-:p ATTTMRTFD -- NOT KNowN 0 v, d / Y? Q UNASUC TO rORWARD MC : 92649019090 *2077-05530-01-20 r.-Olf-6AA 0 '7—7 Joan L. Flynn, City Clerk 012HI6209932 City of Huntington Beach W CAI 4 Office of the City Clerk 004 1 10 P.O. Box 190 2C Huntington Beach, CA 92648 f,�Iailed From 92648 M US POSTAGE LEGAL NOTICE PUBLIC HEARING Nol COAST INSTITUTE REFLEXOLOGY 305 ORANGE 0 HUNTINGTOT 4 NXXMr- 927 DE 1 00 09Y29/09 :SACS( .- RE` URN TO SENDER INSUFF2CIENT ADDRESS UNAM-C TO rORWARD MC: 92849019090 a 4a j1V&- - 9 0 I Joan L. Flynn, City Clerk 012HI6209932 City of Huntington Beach w Office of the City Clerk p P.O. Box 190 �' -' •r m d 414 09/2412009 Huntington Beach, CA 92648 mailed From 92648 i US POSTAGE LEGAL NOTICE - PUBLIC HEARING A/01 JOLLY DELUXE SPA 18822 BEACH BY VD SUITE 109 (1 HUNTWGTOT NX`dT.E: 9:27 DE. 1 CJq 09/29J 09 (� RETURN TOO SENDER ' V d Yic/ U)1,4 13LE�'TO f�{?R1J�lf{?r�IJN /� C DC:: 92640019090 Ir l ! �;�,�;r�,c,�1 `• ���s�c� ✓ il,l,,,,l,i,11,,,1„ll„I,il,,,,,,Ill,l„11,,,1,1„11,,,,,1,11 1 l Joan L. Flynn, City Clerk City of Huntington Beach •. � �� Pat Office of the CityClerk � � � �- P.O. Box 190 �� � ' Huntington Beach, CA 92648 POSTAGE �, LEGAL NOTICE - PUBLIC HEARING I 2T/4 IVGA s XUAN H DIEU .13442 EL PRAT'"un GAPDEN GI EURNl PTE 7 SENDERFATTEMPTEDTATTEMPTED - NtJ7 KNC7L,1N i UNABLE TO i'ORWARO *', 077-0 397€3-29 -'23 %190 i j Joan L. Flynn, City Clerk 012H16209932 City of Huntington Beach Office of the City Clerk p $00.414. P.O. Box 190 uM91 Huntington Beach, CA 92648 0 r �' j _ Ri % Ada ailed From; 92648 sa US POSTAGE LEGAL NOTICE - PUBLIC HEARING.-..117 �- I i 6 V 0e09 QUYEN "rf PR/L'13442 EL C 6 C lax C'IEe 9'27 DC 1 0O 09�.;�'?,-/C�9 4 9' RETURN TO SENDER ATTEMPTED NOT N UNABLE TO FORWARD 1 MC: 9.254 019090 * 077-O39'79--!29._-Mee LZIO190 ,,,,,lM I Joan L. Flynn, City Clerk 012H16209932 City of Huntington Beach Office of the City Clerk P.O. Box 190 " 091241200 9 Huntington Beach, CA 92648 Uj co 16 6 fvialled From 926`8' US POSTAGE LEGAL NOTICE - PUBLIC HEARING . � No# RESULTS MASSAGE `, /� RICHARD TABOR l/ 17612 BEACH A' H JNTINGTOr` raXxTEa 0 27 DE;. 1 00 09.J Asa.✓c�9 . IM1 �j Q) $�1C' —/ v RETURN TO SENDER /� L /l C 1MAT DELIVERABLEUNABLE AS WARDE��EED /� ... D / MC: 92640019090 �':.�i077--O-3a0`.�-29--.;.9 �40•�..� 5"Y\1,:2 c go 1 Joan L. Flynn, City Clerk City of Huntington Beach ISM 012i-v16209932 Office of the City Clerk P.O. Box 190 Q - Huntington Beach, CA 92648 M09124%2009 w dE: Mailed From 92648 LAB POSTAGE LEGAL NOTICE - PUBLIC HEARING 2 � NCO MASSAG CARE BY JA JACL OSS Al856 DAK E � 1 1 Q J S Ot 9�O RANCHO CL mrim 40SC OG 09/29,0 09.--.-. FORWARD Exn RTN TO SEND SACSa.— IOZ64 LA ClEspeNSA AVE od/fi q4 e, le FOUNTAIN VI-V cA RETURN TO SENDER 49 i —-- I Joan L. Flynn, City Clerk City of Huntington Beach # Rai ° 2i1621-12 Office of the City Clerk ' �T ,: �� P.O. Box 190 �,- . i Huntington Beach, CA 92648Lu x � m Mailed Fnoi+i - �` US POSTAGE LEGAL NOTICE - PUBLIC HEARING 2T s � /l Neif 0q 06 DE HART KERRI LYNN ✓✓✓ 17519 MAPES AVE Ct �j J L? e CERRITOS, CA NIXIe: Soo LIE: 1 09✓30/09 ! //7 ,(� REETWRN ')u SENDER ///�/\� �,, l:Z3t;c �:2 t3�f3 CC�:1�A'�t� �Ct E~.i£;t—•A:�:1��--'wA—•:i t3 i _ vv Joan L. Flynn, City Clerk City of Huntington Beach 012HI6209932 i Office of the City Clerk 00.E 4 P.O. Box 190 a- a (a 0912412009 Huntington Beach, CA 92648 Uj maned From 92648 US POSTAGE LEGAL NOTICE - PUBLIC HEARt .;-; - LORNA iZIFFIN MA�SAG 16835 L r IfUNTI GT01 N XX M 927 Dc 1 coo 09./;30� /09 RETURN 70 SENDER � NO SUCF-! PdIJMF,ER s 1.1AiAE3L-E TO FL7MZWAf:'t7 �-9` Joan L. Flynn, City Clerk F .FWD 0121l6209932 City of Huntington Beach ° Office of the City Clerk P.O. Box 190 m W Huntington Beach, CA 92648 un) X 5 Bulled From 92648 62 LDS POSTAGE LEGAL NOTICE - PUBLIC HEARING ND. O2 MASSAGE BY RODNEY o 1408 COUNTRY WOOD AVE ��_. .... 5,..... .... HACIENDA] � Q,i 0E. f oP6 trmm�. e, RETURN TO SENDER 0 NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD sc; 92640019090 1 Joan L. Flynn, City Clerk City of Huntington Beach �E� �✓.f 14 Office of the City Clerk 51 " P.O. Box 190 �2 009 Huntington Beach, CA 92648 hailed From 926 -`rt S POSTAGE LEGAL NOTICE - PUBLIC HEARfK- -'-' YAMYA SHAKTI YOGA 04 6805 SEASHOR' - d � TIy HUNTINGTO NZ vil SSa'T t3E A t?D 0912S3/0'a RETURN 70 SENDER NO SUCH NU'MME_R i UNABLE TO FORWARD ( E3C: 92640{73.909{5 *2077-09201. -29-12' } i q?'Mjq0'O190 i Joan L. Flynn, City Clerk 012HI620993 City of Huntington Beach Office of the City Clerk 0().414 IS P.O. Box 190 00 (z 0 9.1 24 2009 Huntington Beach, CA 92648 0 { Ma6led 3=rore, 9s25z4.d' US POSTAGE LEGAL NOTICE - PUBLIC HEARING _ 2 D. Jean KimbreU c/o E.T.I.Corral 100 ` �•. ® ® � 20292 Eastwood ^ Huntington Beat 927 DE 00 09129JO9 as , ('jy QlDS - J ��:�rU�aN rr� �E=NDEr� p NOT DELIVERABLE. AS ADDRESSED LJNAE'3LE: TO FORWARD f VM e� r ?1 i ,! ' 1 Joan L. Flynn, City Clerk 012HI6209932 two City of Huntington Beach cra i Office of the City Clerk $00.414 P.O. Box 190 CO Huntington Beach, CA 92648 _ ��� �� g W % o F °' Mailed From, 92648 IL ' US POSTAGE LEGAL NOTICE - PUBLIC HEARING JANET MANDLI o 416 17T11 STREET HUNTINGTON 1 NIIXIEE 927 DE 1 00 a:9/28109 TO NOT DEL ETURN IVMRAML.,E ASNDER ACIORE'rSSE D i (( { ✓✓ UNABLE TO FORWARD BC: 9.2640019090 'k2077-OZIO5.2•-20-2.E3 \92*&%ap-490 I I Joan L. Flynn, City Clerk a v"p ` O5ZH16209932 City of Huntington Beach 1w- " Office of the City Clerk ` $010 P.O. Box 190 � ij :24/2009 Huntington Beach, CA 92648 .fie re;ailea From 92648 US POSTAGE R LEGAL NOTICE - PUBLIC HEARINc3 M-ESCAPES 18672 FLORIDA SUITE 100 I UNTINGTC C FORWARD TIME E:XP RTN TO SEND : M ESCAPES ® I� `7 G 'Lt 0 SUNSET DR FRANKL.:IN VA i23951—S2-3 3:2-1 RETURN TO SENDER C. e��/� S264000190