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HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 1.E. ;OF p A LM SA4 iy ti c V n A A �p P W "O •b..Ycp Y P q� FOR�� CITY COUNCIL STAFF REPORT DATE: February 20, 2008 PUBLIC HEARING SUBJECT: CASE NO. 5.1183 — APPLICATION BY THE CITY OF PALM SPRINGS AMENDING SECTIONS 92.08.01, 92,10.01, 92.11.01 and 92.13.01 OF THE PALM SPRINGS ZONING CODE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN COMMERCIAL ZONES. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The project is an amendment to the Palm Springs Zoning Code regarding the standards and regulations for establishing massage use in the City's commercial zones. A public hearing is required. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Negative Declaration for proposed Zone Text Amendment related to establishment of massage use in commercial zones. 3. Waive the reading of the ordinance text in its entirety and read by title only. 4. Introduce on first reading Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.08.01, 92.10.01, 92.11.01 AND 92.13,01 OF THE PALM SPRINGS ZONING CODE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN COMMERCIAL ZONES". PRIOR ACTIONS: On September 5, 2007, the Planning Commission initiated a Zone Text Amendment for the establishment of massage use in commercial zones. On January 9, 2008, the Planning Commission conducted a public hearing and adopted a recommendation to Item 1 . E . City Council Staff Report Page 2 of 2 5.1183—Zoning Ordinance Amendment—Massage Use in Commercial Zones February 20.2008 allow massage use by Conditional Use Permit only in the following commercial zones: P, C-D-N, C-S-C and C-1 AA zones. STAFF ANALYSIS: The Planning Commission determined that adequate controls exist under the Conditional Use Permit and the City's Massage Establishments regulations (Palm Springs Municipal Code Chapter 5.34) to protect against the potential adverse impacts of massage operations. As a result, the Commission determined that massage use could be allowed in shopping centers and professional office buildings under specific zones categories and subject to a CUP. On January 22, 2008, the Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the proposal and recommended denial of the request (see attached letter). A draft Negative Declaration and draft ordinance reflecting the Commission's recommendation are attached. FISCAL IMPACT: There is no cost to the City associated with the adoption of the ordinance. "--P - 30 VJ ra' wing, P Thomas Wilso , Assistant City Manager Director of PlztniO Services t David H. Ready, City Man Attachment: 1. Draft ordinance, as recommended by Planning Commission 2. Draft Negative Declaration 3. Planning Commission Resolution No. 7095 4. Planning Commission meeting minutes (excerpt, dated 01/09105) 5. Planning Commission staff report and attachments (dated 01/09108) 6. Letter from Agua Caliente Band of Cahuilla Indians (dated 01/22/08) OGOa0o,? ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92,08,01, 92.10.01, 92.11.01 AND 92.13.01 OF THE PALM SPRINGS ZONING CODE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN COMMERCIAL ZONES. CityAttorney'S Summary This Ordinance allows massage uses subject to a conditional use permit in the P, C-D-N, C-S-C and C-1AA zones. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection DA of Section 92.08.01 is hereby added to read, as follows: 4. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 2. Subsection D.8 of Section 92.10.01 is hereby added to read, as follows: 9. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 3. Subsections D.12 Section 92.11.01 is hereby amended to read, as follows: 12. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 4. Subsections D.11 Section 92.13.01 is hereby amended to read, as follows: 11. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 5. The provisions of this Ordinance shall not be applicable to any property any use of any building otherwise covered by the provisions of this Ordinance and for which a building permit was issued by the City for construction related to such use on or before ooao�� Section 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of 2008. MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY A Negative Declaration For Zone Text Amendment / Case No. 5. 1183 Massage Use in Commercial Zones Prepared by: PALM SA The City of Palm Springs, CA 4 ' December 10, 2007 CAL!FO1tHr December 70,2007 r 17OQQQ5 CITY OF PALM SPRING$ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDYINEGATIVE DECLARATION 1 4."i1r� xY OSmi�, Faitwsl foils illNa Maraapa H�Ig his km - Oak 06 ( t ga valley I . Cherry valley rl' National j a �2 "Qeee H.+st 8 fi M �9 Hlghlarid sprin2s °--_.�.! - ,.� � �I Park 13an�Ilp6iIN�,. ,_�.� ' i : B dtll)t altk,,. -Barr + C SMhNt4.W3 br NoklN almMS'Brtn9i, navix7 "�%y valliy;.. :1r Iman Hat 5 nin s ,^ P 9 r^' an 5,tilt ,`��� _ India Hills p �. Thousand Th asartd Pallets N000nat NtS;m JaatnKa Nortek, , �tate'Paplt ;' —'' I'^ San Jacinth ;,1,° , Cathedral C yr— I: o9addl�Janatlan _t 6lskm P*f 'pl"i cove Hemet Naomi 243 IdyllwMild i �..,Rancho„hllrage .., , � I "Palmbesert:':1. dioti cshwillsHills �I 1f I 1 4Iu Ile QrtGtta r �iF,�i�� p 86 lA. �dr ;!I' Thanrlas,ANaunalr� r POYOhsNst I ; 74 Plg Plnss Taylor i RlbwhwoodV1111Wli Plt�ty� V2446Ndlapowst,Inc,; 24UbTeleAtlas °` r gooWrWrsdPalms Mortlrrr}'r j December 10,2007 2 v� 0 �tl7P�Q'� 4e.mvMr CITY OF PALM SPRINGS ZONE TEXT AMENDMENT-MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION ENVIRONMENTAL CHECKLIST FORM 1. Project title: Zone Text Amendment Related to the Establishment of Massage Use in Commercial Zones 2. Lead agency name and address: City of Palm Springs 3200 East Tahquitz Canyon Way, Palm Springs, CA 92263 3. Contact person and phone number: Craig A. Ewing, AICP Director of Planning Services (760)323-8245 4. Project location: City-wide 5. Project sponsor's name and address: City of Palm Springs 3200 EOst Tahquitz Canyon Way, Palm Springs, CA 92263 6. General plan designation: (City-wide) 7. Zoning: (City-wide) 8. Description of project: The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational crileria, for the establishment of massage use in the City. Presently massage use is restricted to certain commercial zones, and under limited circumstances. The proposed amendment would expand the potential for locating massage use in commercial zones. 9. Surrounding land uses and setting: Briefly describe the project's surroundings: The zone text amendment would apply to all commercial zones throughout the City. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement. None. >.n, December 10, 2007 3 CITY OF PALM SPRINGS ZONE.TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impacl chat is a "Potentially Significant Impact" as indicated by the checklist on the following pages- 7 Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance December 10,2007 9yrw+s� CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one ❑ effect 1) has been adequaiely analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it musl analyze only the effects that remain to be oddressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed ❑ adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. December 10, 2007 Craig A. Ewing, AICP Date Director of Planning Services V-11nu. c 5 DeCember 10,2007 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT-MASSAGE USE IN COMMERCIAL,ZONES INITIAL STUDYNEGATIVE DECLARATION EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as projecf-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from 'Potentially Significant Impact" to a "Less Than Significant Impact:' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses;'as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, on effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and stale where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on fhe earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. December 10,2007 no CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDYINEGATIVE DECLARATION 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected, 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance W. � December 10, 2007 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than . . Significant Potentially With - Less Than . - Significant Mitigation, Significant Impact incorporated, 'Impact No Impact 1- AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic El El ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ ❑ ❑ views in the area? a - d) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No scenic resources will be affected by the new regulations. Significant " 6 Potentially With Y Less Than , Significant Mitigation Significant - Impact Incorporated Impact N'o Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural ❑ ❑ ❑ use, or a Williamson Act contract? December 10, 2007 8 nAM sa CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION i, Significant', Potentially, ' With Less Than Significant Mitigation Significant Impact , Incorporated Impact No Impact c) Involve other changes in the existing environment which, due to their location or ❑ ❑ ❑ nature, could result in conversion of Farmland to non-agricultural use? a - c) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No struclures will result and no changes to the environment will occur as a result of the amendment. No agricultural resources will be affected by the new regulations. • LeSS Than • Significant Potentially with Less Than Significant Mitigation, Significant 'Impact, Incorporated Impact No Impact III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ ❑ ❑ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region Is in non-attainment under an ❑ El ❑ applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? a - e) No Impact - The project consists of an amendment tc the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No air quality standards, pollutants or odors will be affected by the new regulations. grows: December 10,2007 9 �7 a 00 a 6<n DH, CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION ,Less Than . Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated, Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special ❑ ❑ Elstatus species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited El El ❑ to, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f1 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El ❑ ❑ Conservation Plan, or other approved local, regional or state habitat conservation plan? a —t) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City_ No structures will result and no changes to the environment will occur as a result of the amendment. No biological resources will be affected by the new regulations. December 10,2007 10 �koerwea CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES Less'Than " Significant ' Potentially With Less Than Significant 'Mitigation Significant Impact Incorporated Impact No'Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ Elsignificance of a historical resource as defined in El D9 " 15064.5? b) Cause a substantial adverse change in the El ❑ Elsignificance of an archaeological resource pursuant to " 15064.5? c) Directly or indirectly destroy a unique ❑ Elpaleontological resource or site or unique geological feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? a - d) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No cultural resources will be affected by the new regulations. Less Than Significant Potentially With Less,Than Significant Mitigation Significant •Impact', Incorporated Impact No Impact' VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? 19 iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ El Eltopsoil? >�x, December 10,2007 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STl1DY/NEGATiyE DECLARATION Less Than . . Significant ,, „ ., Potentially , With' Lgq;.,Than „Significant Mitigation Significant, Impact ,Incorporated Impact No Impact' c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- ❑ ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater El ❑ Eldisposal systems where sewers are not available for the disposal of wastewater? a - e) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes io the environment will occur as o result of the amendment. No geologic resources or soils conditions will be affected by the new regulations. Less Than' Significant Potentially With' Less Than Significant Mitigation Significant Impact Incorporated - Impact " No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste ❑ ❑ El one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public of the environment? December 10,2007 �FLN� 12 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION ` Less Than ` ,Significant ` Potentially ,With , LessThan ' Significant Mitigation Significant ` Impact t Incorporated Impact No Impact e) for a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ El public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard ❑ ❑ ❑ for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? a - h) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locafional criteria, for the establishment of massage use in the City. No structures will result and no changes io the environment will occur as a result of the amendment. No hazardous conditions or significant risks will result from the new regulations. Less Than ` Significant Potentially , , with Less Than,- ` Significant ,Mitigation Significant Impact Incorporated Impact ' No Impact Vill. HYDROLOGY AND WATER QUALITY, Would the project: a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table ❑ ❑ ❑ level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? nUn s� December 10,2007 13 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less`than ' 'Significant, Potentially with Less Than significant ,Mitigation , Significant Impact Incorporated Impact No Impact c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ ❑ would result in Substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ❑ increase the rate or amount of surface runoff In a manner that would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned El El Elstormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or El ❑ ❑ Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ❑ ❑ ❑ that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ a - j) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No hydrologic resources or water quality standards will be affected by the new regulations. December 10,2007 14 y aQ�a�� CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than Significant Mitigation 'Significant Impact Incorporated Impact No Impact IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general ❑ ❑ ❑ plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? a - c) No Impact - The project consists of on amendment to the Palm Springs Zoning Code to establish new regulations, including locationol Criteria, for the establishment of massage use in the City. No structures will result and no changes fo the environment will occur as a result of the amendment. No land use plans, except the new standards in the Zoning Code anticipated by this project, will be affected by the new regulations. ,. Less Than . Significant , +1, -1,1; rPoteniially, With,, ,Less Shan , .., Significant �mitigalion Significant impact Incorporated' , Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ ❑ ❑ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a - b) No Impact - The project consists of an amendment fo the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes io the environment will occur as a result of the amendment. No mineral resources will be affected by the new regulations. December 10,2007 " 15 ' � Ha• CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMF.RCIAL.ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant 'Potentially with Less Than Significant Mitigation Significant ,lmpact Incorporated Impact No Impact XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local ❑ ❑ general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing ❑ ❑ ❑ without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ El El use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or El ❑ Elworking in the project area to excessive noise levels? a - f) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational c(teria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No cultural resources will be affected by the new regulations. Les5 Than - Significant Potentially " With Less Than, ` Significant Mitigation Significant Impact Incorporated Impact No Impact XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (e.g., by proposing new homes and ElElbusinesses) or indirectly (e.g., through extension of roads or other infrastructure)? December 10,2007 �.w . 16 � r9 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially With Less Than " Significant ' Mitigations Significant ,Impart' Incorporated,' Impact' No Impact b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? a - c) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No population or housing impacis will result from the new regulations. Less Than, 'Significant Potentially, , With , Less Than " Significant 'Mitigation' Significant Impact Incorporated Impact No Impact XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ a - e) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No public services will be affected by the new regulations. c.w ' December 10, 2007f� 17 0r© Ora CITY OF PALM SPRINGS ZONE TExT AMENDMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than . Potentially with Less Than Significant Mitigation Significant',' Impact Incorporated Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of El ❑ Elrecreational facilities, which might have an adverse physical effect on the environment? a - b) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No recreational resources will be affected by the new regulations. Less,Than significant Potentially with' Less Than Significant Mitigation significant Impact Incorporated Impact ,No Impact, XV. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial El El ❑ increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county El El Elcongestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous El El ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ December 10,2007 pow 16 k a¢ t n r : 2, CITY OF PALM SPRINGS ZONE TEXT AMF.NOMENT—MASSAGE USE IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION Less Than Significant Potentially ' ', With' Less Than ' Significant 'Mitigation Significant'' Conflict with o , "Impart Incorporated Impact No,lnfpact g adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ ❑ ❑ turnouts, bicycle racks)? a - g) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No traffic or parking impacts will result from the new regulations. Le55 Than.' Significant' " Potentially With Less Than ' Significant Mitigation' Significant "Impact Incorporated' linpac't No Impact XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of El El Elexisting facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing Elfacilities, the construction of which could cause El El significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ❑ are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider Thal serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ project's projected demand, in addition to the provider's existing commitments? 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state and local statutes and Elregulations related to solid waste? (ONE; nbE December 70,2007 19 000023 CITY OF PALM SPRINGS ZONE TEXT AMENDMENT-MASSAGE USE.IN COMMERCIAL ZONES INITIAL STUDY/NEGATIVE DECLARATION a - g) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locationcl criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. No utilities or service systems will be affected by the new regulations. .Less Than' . ignificantl With 'Potentially Mitigation Less Than Significant Incorporate Significant;' ,Impact d Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ IR animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable ❑ ❑ ❑ when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ❑ IR beings, either directly or indirectly? a - c) No Impact - The project consists of an amendment to the Palm Springs Zoning Code to establish new regulations, including locational criteria, for the establishment of massage use in the City. No structures will result and no changes to the environment will occur as a result of the amendment. The proposed project would not degrade the quality of the environment; result in an adverse impact on fish, wildlife, or plant species including special status species, or prehistoric or historic cultural resources because the project proposes to allow a commercial use within designated commercial zones. No expansion of the commercial zones into sensitive fish, wildlife or plant environment or into areas of prehistoric or historic cultural resources is proposed. No cumulative impacts and no adverse environmental effect are anticipated as the amount of commercially zoned land will not increase as a result of the project. December 10,2007 20 rFw r = 00©i�2w •�Ii.neMr• RESOLUTION NO. 7095 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTIONS 92.08.01, 92.10.01, 92.11.01, AND 92.13.01 OF THE PALM SPRINGS ZONING CODE RELATING TO THE ESTABLISHMENT OF MASSAGE USE IN THE P, C-D-N, C-S-C AND CAAA ZONES. WHEREAS, "massage" is defined in Section 5.34.030 the Palm Springs Municipal Code as: "...any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor'; and I WHEREAS, massage, including massage establishments, is a use which is subject to regulation under the Palm Springs Zoning Code, including identifying the zones in which such use may be established and regulating such use as will promote and protect the public health, safety and welfare of the people of the City of Palm Springs; and WHEREAS, on September 5, 2007, the Planning Commission voted unanimously to direct staff to initiate a Zoning Ordinance Text Amendment (Case No. 5.1183) to consider how massage use may be established in commercial zones within the City; and WHEREAS, certain commercial zones are established to provide opportunities for a mix of retail goods and services within the City, as follows: 1. The P Professional Zone is intended to provide for, "...the development of a professional district with necessary related retail commercial uses and other compatible facilities." (PSZC Section 92.08.00; 2. The C-D-N Designed Neighborhood Shopping Center Zone is intended to provide for, "...an opportunity for convenience commercial uses to be oriented directly to the residential neighborhood they serve by means of a planned commercial complex..."(PSZC Section 92.10-00); 3. The C-S-C Community Shopping Center Zone is designed to, "...combine the general variety of community-level commercial services in a planned shopping complex"(PSZC Section 92.11.00); and 4. The C-1AA Large-Scale Retail Commercial Zone is designed to, "...provide for the integration of large-scale retail commercial development 000025 Planning Commission Resolution January 9,2008 5.1183—ZTA—Massage Use in Commercial Zones Page 2 of 3 with resort hotel complexes, hotels, and multiple-family dwellings" (PSZC Section 92.13.00); and WHEREAS, each of the aforementioned zones include as permitted uses the retail sale of goods and services within a district or an integrated or planned shopping center or complex; and WHEREAS, massage establishments may complement similar retail goods and services when operated in conformance with local regulations, including Section 5.34- "Massage Establishments" of the Palm Springs Municipal Code and under the management of an integrated shopping center or complex; and WHEREAS, on January 9, 2008, the Planning Commission conducted a duly noticed public hearing on the proposed amendment, at which hearing the Commission carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report and all written and oral testimony presented, and WHEREAS, the Planning Commission hereby determines that the proposed amendment is exempt pursuant to the "General Rule" [Section 15061(b)(3)] in that CEQA applies only to projects that have the potential to cause a significant impact on the environment; the proposed amendments are process-oriented, requiring additional levels of review through the permit process for each applicable future project; and that there is no possibility that the proposed amendments could have a significant effect on the environment. THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS, Section 1: The Planning Commission hereby finds that adoption of the proposed Zoning Text Amendment would: a. Allow for the considered evaluation of environmental and other effects of massage use, including massage establishments in the P, C-D-N, C-S-C and C1-AA zones, b. Provide an opportunity for adjacent property owners, residents and tenants to review and comment on the establishment of massage use, including massage establishments, in their neighborhood, and C. Assure that on-site shopping center management will be present to monitor and manage the operation of massage use, including massage establishments. Section 2: The adoption of the proposed Zone Text Amendment would be consistent with the intent of the Zoning Ordinance and the City's General Plan because it provides for appropriate review of site-specific effects of message establishments, and will protect neighborhoods while allowing for retail service needs of the community. 00� 02 Planning Commission Resolution January S.2008 5.1183—ZTA—Massage Use In Commercial Zones Page 3 of 3 Section 3: Based upon the foregoing, the Planning Commission does hereby recommend to the City Council amendment of the Palm Springs Zoning Code to allow massage use, including massage establishments in the P, C-D-N, C-S-C and CI-AA . zones by conditional .use permit, as described in the draft ordinance, attached hereto and made a part of this resolution as Exhibit A. ADOPTED this 9" day of January, 2008, AYES: 6, Scott, Cohen, Marantz, Hochanadel, Ringlein and Caffery NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA wing, AIC Dir of Planni Vervices I 000e2 '4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 92.08.01, 92-10.01, 92.11.01 AND 92.13.01 OF THE PALM SPRINGS ZONING CODE RELATING MASSAGE USE IN COMMERCIAL ZONES. CitV Attorne 's Summa This Ordinance allows massage uses subject to a conditional use permit in the P, C-D-N, C-S-C and C-1AA zones. THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection ❑A of Section 92.08.01 is hereby added to read, as follows: 4. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 2- Subsection D.8 of Section �2.10.01 is hereby added to read, as follows: 9. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 3. Subsections D.12 Section 92.11,01 is hereby amended to read, as follows. 12. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 4. Subsections ❑.11 Section 92.13.01 is hereby amended to read, as follows: 11. Massage establishments, subject to the provisions of Chapter 5.34 "Massage Establishments" of the Palm Springs Municipal Code. Section 5. The provisions of this Ordinance shall not be applicable to any property any use of any building otherwise covered by the provisions of this Ordinance and for which a building permit was issued by the City for construction related to such use on or before Section 6, The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this day of — - - -. 2008. MAYOR - - ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM: DOUGLAS HOLLAND, CITY ATTORNEY I 0000,2S City of Palm Springs Planning Commission Minutes of January 9, 2008 Staff noted that for many years the required rear yard setback was 10 feet and the non- permitted additions were built during this time. The City changed the required rear yard setbacks to 15 feet. Applications are evaluated against the zoning standards in effect, at the time of submittal, not at the time of construction. Commissioner Ringlein suggested a continuance so that staff could provide further research concerning the surrounding properties. Commissioner Scott stated his support based on the fact that the adjoining properties set a pattern and this building fits into the content of the neighborhood. M/S/C (Scott/Cohen, 5-1/Chair Marantz) To approve, Case 6.497 Variance, and direct staff to bring back a resolution. 9. Case 5.1183 ZTA - An application by the City of Palm Springs for a Zoning Ordinance amendment related to the establishment of Massage Use in the Commercial Zones. (Project Planner: Craig A. Ewing, Director of Planning Services) Mr. Ewing provided background information as outlined in the staff report dated January 9, 2008. Mr. Ewing noted a chapter in the Municipal Code regulates the operation of massage establishments/permits through a business license. The Commission discussed existing stand-alone massage establishments in the downtown area. Staff responded that several businesses have been granted business licenses that have shown nominal retail uses (part of another use) and further work is required on the ordinance with regard to the definition. Chair Marantz opened the Public Hearing and there being no appearances, the Public Hearing was closed. The Commission discussed and concurred with staffs recommendation, and also indicated that massage should be allowed in the Professional zone with a conditional use permit. M/S/C (Scott/Cohen, 6-0) To recommend approval to the City Council, as amended: "To include: Massage Use in Professional zones. 10. COMMISSION WORK PROGRAM: Work Program Priorities and Subcommittee Assignments None reported. 9 ti 0 v pry+s,,�y c u' �n aeereo•^'� c'9�/FORN'P PLANNING COMMISSION STAFF REPORT Date: January g, 2008 Case No.: 5.1183 Type: Zone Text Amendment Location: Citywide Applicant: City of Palm Springs To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Services Subject: Zoning Ordinance Amendment Relating to the Establishment of Massage Use in Commercial Zones PROJECT DESCRIPTION The project is an amendment to the Palm Springs Zoning Code regarding the standards and regulations for establishing massage use in commercial zones. The commercial zones include: C-B-D (Central Business District), C-D-N (Designed Neighborhood Commercial), C-S-C (Community Shopping Center Zone) - C-1 (Retail Business) C-1 AA (Large-scale Retail Commercial) C-2 (General Commercial Zone) HC (Highway Commercial Zone) C-M (Commercial Manufacturing Zone), and This report provides an analysis of the massage use and options for its regulation, including a recommendation for allowing the use in selected zones. A public hearing is required. Planning Commission Staff Report January 9,2008 Case No.5.1183 Zone Text Amendment—Massage Use in Commercial Zone Page 2 of 5 RECOMMENDATION That the Planning Commission conduct a public hearing and forward to the City Council its recommendation for the establishment of massage uses in the C-D-N, C-S-C and C- 1 AA zones by Conditional Use Permit only. A draft resolution is attached. PRIOR ACTIONS On September 5, 2007, the Planning Commission initiated a Zone Text Amendment for the establishment of massage use in commercial zones. BACKGROUND As noted in the attached Planning Commission staff report (September 5, 2007) there are a number of considerations related to the establishment of massage use in the City's commercial zones (see attached report). Massage is not defined in the Palm Springs Zoning Code. However, massage is regulated elsewhere in the Municipal Code, including the following definitions from Chapter 5.34, "Massage Establishments": 5.34.030 Definitions. (4) "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. (5) "Massage establishment" means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection (4), and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in subsection (4). The regulations in the Municipal Code relate to the operation of a massage establishment by establishing certain minimum standards for the education and conduct of this type of business which will protect the public health and welfare of the citizens of the city." In brief, the Municipal Code assures that massagists and operators of massage establishments have: - Information regarding identity and previous places of residence and business, - Current contact information, photographs and fingerprints; - Sufficient education from an established school teaching massage; - Letters of reference from local residents; and - A medical clearance and other information. Planning Commission Staff Report January 9, 2008 Case No.5.1183—,Zone Text Amendment—Massage Use in Commercial Zone Page 3 of 5 Further, a City massage permit must be issued (through the Finance Department Business License section). A massage permit may be denied if one of the following is found to be true: - The business does not meet other code standards, including zoning; - The applicant is found to have a criminal record; The applicant's massage permit has been suspended within the past five years; The application is found to be false or the proper fee not paid; or The applicant is under eighteen (18) years of age The Police Department assists the Finance Department in processing massage permits. As can be seen, Chapter 5.34 "Massage Establishments" provides a means by which the City can avoid many of the concerns related to massage establishments, including protecting public health, preventing prostitution operations and assuring life safety. Likewise, the Code attempts to identify and allow legitimate massage establishments. With Chapter 5.34 in place, the City need not rely solely on the Zoning Code to assure the legitimacy of a massage operation. Zoning regulations can focus simply on the physical impacts of the use and its compatibility with adjacent uses. ANALYSIS From a zoning perspective, massage is a commercial retail service, similar to a beauty or hair salon, or perhaps a tailor, dry cleaners or laundry service. Each of these activities offers a service provided on the premises. In contrast to a retail goods business, a service does not result in someone purchasing an item and carrying it away (e.g., books, clothing, and furniture). Services are considered among the uses typically found in commercial zones, with some services deemed appropriate in any commercial zone and other services limited to select zones. In organizing retail commercial activities by zone, the City Council has determined that certain areas of the City should be organized to create types of commercial districts, such as a local- and tourist-serving Downtown, resort areas, and highway commercial districts. Each of these zones allows specific uses that support the purpose of the zone, and some of these uses may not be allowed in other zones. The decisions for the City regarding massage use are as follows: 1. Should massage use be allowed at all as a stand-alone use 2. If allowed, in which zones should it occur 3. What regulatory process should be required: a. No process (allowed "by right") b. Land Use Permit (may be conditioned, but must be approved) c. Conditional Use Permit (may be conditioned or may be denied) Planning Commission Staff Report January 9,2008 Case No.5,1183—Zone Text Amendment—Massage Use in Commercial Zone Page 4 of 5 As noted in the following chart' massage as a stand-alone use is either specifically prohibited or not mentioned (and thereby prohibited). It may, however, be allowed with other uses, as indicated: C-1, C-D-N C-B-D C A HC & C-M & C-S-C Massage establishments (as a stand-alone Specifically Prohibited use) Prohibited Spa as an accessory use to a beauty parlor provided the staff is licensed and trained in the particular programs provided as Prohibited Land Use Prohibited outlined in Chapter 5.34 of the Municipal Permit Code and such facility is in compliance with Chapter 5.34 of the Municipal Code; Spas provided that the staff is licensed and trained in the particular programs provided Land Use Conditional Use as outlined in Chapter 5.34 of the Municipal Permit Permit Prohibited Code and such facility complies with Chapter 5.34 of the Municipal Code; Spas as an accessory use to a hotel subject to the following standards: a. For hotels with under fifty (50) rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than fifty (50) rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests, Conditional Use Permit Prohibited b. The hotel has a minimum of fifteen (15) guest rooms, c. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code, d. Such facility shall comply with Chapter 5.34 of the Municipal Code. Note: Unless Specifically Prohibited, a use which is Prohibited may be allowed through a Determination by the Planning Commission that the use is similar to a use specifically allowed "by right". As can be seen from the chart, massage use as a "stand-alone" use is not permitted anywhere in the City. However, under a variety of circumstances, it may be allowed in conjunction with other uses, including spas, beauty parlors and hotels. It may also be allowed "by right" in any zone — except C-B-D -- through a Planning Commission Determination. The chart in this report is a refinement of that found in the staff report of Sept. 5, 2007. This update includes additional zones and corrects errars in the old chart to more accurately reflect the Zoning Code. �g0�� Planning Commission Staff Report January 9,2008 Case No.5,1183—Zone Text Amendment—Massage Use in Commercial Zone Page 5 of 5 The request from the franchisee of the national chain "Massage Envy" (received this past summer) is to provide new opportunities in the Zoning Code for stand-alone massage facilities. From the discussion with the franchisee in September, the Commission learned that a new business model for massage establishments has been successfully developed which provides overall quality control, national marketing and other elements to control some of the concerns also addressed by Chapter 5.34. In evaluating the request, staff believes that massage establishments are regulated for many issues through Chapter 5.34 "Massage Establishments" and that a legitimate and properly run massage business may have no more impact on a commercial district than a beauty parlor or hair salon. However, staff is not prepared to recommend that massage establishments be allowed anywhere in the City. There may yet be unintended effects from allowing the use in C-D-B, C-1, C-2 or HC (Highway Commercial) zones where individual tenancies may be difficult to monitor. Staff believes that the best opportunity for opening up the City"s commercial districts to massage uses is within shopping centers that have active on-site management. With managers present, these centers are best able to assure that a massage use does not create difficulties for other tenants or for the area as a whole. Shopping centers and large-scale commercial complexes are typically found in the C-D N (Designed Community Neighborhood), C-S-C (Community Shopping Center) and C-1AA (Large- scale Retail Commercial) zones and staff supports allowing massage use in these zones (and any Planned Development Districts within these zones). Finally, staff recommends that a Conditional Use Permit be required for massage use in the C-D-N, C-S-C and C-1AA zones to provide additional assurance that City-wide concerns may be evaluated as part of a particular proposal. ENVIRONMENTAL DETERMINATION Staff evaluated the potential environmental impacts of the proposed amendment ("project") and prepared an Initial Study under the provisions of the California Environmental Quality Act (CEQA). Based on that study, staff has determined that the project would not have a significant impact on the environment, since the regulations would include a Conditional Use Permit for each proposed massage use. Consequently, a Negative Declaration has been prepared (see attached). I A wing IMP Dire or of PI nni g Services cc: Draft Resolution Draft Ordinance — Zone Text Amendment— Massage Use in Commercial Zones Draft Negative Declaration and Initial Study Planning Commission Staff Report (September 5, 2007) Planning Commission Meeting Minutes, excerpt (September 5, 2007) 0 0 0 a '=a AGUA CALIENTE BAND OF CAHUILLA 1HDIANS TRIBAL PLANNING & DEVELOPMENT January 22, 2008 HAND DELIVERED Mayor Steve Pougnet and City Council CITY OF PALM SPRINGS 3200 Tahquitz Canyon Way Palm Springs, California 92262 RE: Case No, 5.1183, Zoning Ordinance Amendment Relating to the Establishment of Massage Use in Commercial Zones Dear Mayor and City Council, The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of January 22, 2008, and recommends denial of the zoning ordinance amendment to the City Council. Please contact me should you have any questions at 760-883-1326. Very truly yours, Margaret E. Park, AICP Director of Planning & Natural Resources AGUA CALIENTE BAND OF CAHUILLA INDIANS MP/dd C: Tribal Council Tom Davis, Chief Planning & Development Officer Craig Ewing, Director of Planning Services, City of Palm Springs 777 EAST T A H Q O I T Z C A N Y Q N WAY, SUITE 3 O I , PALM SPRINGS , CA 9 2 2 6 2 T 760/32S/$400 F 760/325/6952 AGUACALIENTE.DRG 0 0 a ACUA CALIENTC BAND OF CAHUIL D"lAl95 TRIBAL PLANNING & DEVELOPMENT January22, 2008 ✓{/ HAND DELIVERED Mayor Steve Pougnet and City Council CITY OF PALM SPRINGS 3200 Tahquitz Canyon Way Palm Springs, California 92262 RE: Case No, 5.1183, Zoning Ordinance Amendment Relating to the Establishment of Massage Use in Commercial Zones Dear Mayor and City Council, The Tribal Council of the Ague Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of January 22, 2008, and recommends denial of the zoning ordinance amendment to the City Council. Please contact me should you have any questions at 760-883-1326, Very truly yours, Margaret E. Park, AICP Director of Planning & Natural Resources AGUA CALIENTE BAND OF CAHUILLA INDIANS MP/dd C: Tribal Council Tom Davis, Chief Planning & Development Officer o Craig Ewing, Director of Planning Services, City of Palm Springs W :Z1 _ [�, N > n7 w rr,; C n 777 EAST TAH4U TZ CANYON WAY, $ U ITE 301 , PALM SPRINGS, CA 922e2 T 760/325/3400 F 760/825/69$$ AG UACqLlEN7E.DRG CITY OF PALM SPRINGS PUBLIC BEARING NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 20, 2008 Subject: CASE 5.1183 - ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF MASSAGE USE IN THE COMMERCIAL ZONE AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before February 8, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U-S- Mail at Palm Springs, California- (4 notices) I declare under penalty of perjury that the foregoing is true and correct. AA arty/ Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on February 9, 2008, II declare e under penalty of perjury that the foregoing is true and correct. 1 6 Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before February 8, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary 0aP0� 6 NEIGHBORHOOD COALITION REPS MR PETE MORUZZI Case 5.1183 ZTA MODCOM AND PALM SPRINGS MODERN COMMITTEE Massage Use in Commercial Zone HISTORIC SITE REP I I I PO BOX 4738 PHN for*C Meeting 02.20.08 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1183 ZTA VERIFICATION NOTICE I 1 I ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W.SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS 11 I I 1 1 777 E.TAHQUITZ CANYON WAY,#301 PALM SPRINGS CA 92262 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) No.0387 NOTICE OF PUBLIC HEARING CITY COUNCIL STATE OF CALIFORNIA CITY OF PALM SPRINGS County of Riverside CASE 5.1183-APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF MASSAGE USE IN THE COMMERCIAL ZONES I am a citizen of the United States and a resident of NOTICE IS HEREBY GIVEN that the City Council of the City of the County aforesaid;I am over the age of eighteen Palm Springs,California,will hold a public hearing at its meetirfg of years,and not a party to or interested in the February 20,2008, The City Council meeting begins at 6!00 p.m. above-er hied matter.I am the principal clerk of a in the Council Chamber at City Hall, 3200 East Tahgmtz Canyon printer of the,DESERT SUN PUBLISHING Way,Palm Springs, _ COMPANY a newspaper of general circulation, The and published in the city of Palm Springs, The purpose of the hearing is to consider Case 5,1183,an applica- County of Riverside,and which newspaper has been hod a relating City of Palm Springs to amend the Palm in the c rn Zoning adjudged a newspaper of general circulation by the Cade relating to the establishment of massage use in the commer- cial zones. Superior Court of the County of Riverside,State of California under the date of March 24,1988.Case ENVIRONMENTAL DETERMINATION: A Draft Negative Number 191236;that the notice,of which the Declaration Was prepared for this project under the guidelines of annexed is a printed copy(set in type nor smaller the California Environmental Quality Act (CEQA) and will be than non pariel,has been published in each regular reviewed by the City Council at the hearing. Members of the pub- and entire issue of said newspaper and not in any lic may view this document at the Planning Services Department, i supplement thereof on the following dates,to wit: City Hall,3200 East Tahquitz Canyon Way,Palm Springs,and sub- mit written Comments at,or prior to,the CIty Council hearing, February 9"',2008 REVIEW OF PROJECT INFORMATION; The staff report and W- other supporting documents regarding this project are also avail- able for public review at City Hall between the hours of 8.00 a.m. All in the year 2008 and City Clerk Monday through Friday. Please contact ice schedule n the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before Dared at Palm Spring%,California this---12"',--day the hearing.Written comments may be made to the City Council by letter(for mail or hand delivery)to: -- "- - - --of February ----------,2008 James Thompson,City Clerk 3200 E.Tahquitx Canyon Way L Palm Springs,CA 92262 J+ 1J I+ Any challenge of the proposed project in court may be limited to �r p Signatu a raising only those issues raised at the public hearing described in this notice,or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Coda Section 0 An opportunity will be given at said hearing for all Interested per- LLI In Wit_„- V r sons to be heard.questions regarding this case may be directed C L,_ to Craig A. Ewing, Director, Planning Services Department at r m < (760)323-8245, � a � 0 U n' Si necesna ayuda Con esta carta, porfavor Ilame a la Cludad do Palm Springs y puedc hablai con Nadine Fieger telofono (760) 323-8245. James Thompson,City Clerk Published:2/9120011 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE 5.1183 - APPLICATION BY THE CITY OF PALM SPRINGS FOR A ZONING ORDINANCE AMENDMENT RELATED TO THE ESTABLISHMENT OF MASSAGE USE IN THE COMMERCIAL ZONES NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 20, 2008. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.1183, an application by the City of Palm Springs to amend the Palm Springs Zoning Code relating to the establishment of massage use in the commercial zones. ENVIRONMENTAL DETERMINATION: A Draft Negative Declaration was prepared for this project under the guidelines of the California Environmental Quality Act (CEQA) and will be reviewed by the City Council at the hearing. Members of the public may view this document at the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing- REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Craig A- Ewing, Director, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor ]lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk =