City Council
Item 10.A
June 11, 2024
Recommended Action
• Introduce and adopt an Emergency Interim Zoning Ordinance amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230
• Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
City Council | 06.11.24 | Item 10.A
Background
SMMC Chapter 6.104 (Massage Regulations)
• Definition of Massage Establishment includes both primary AND ancillary massage services
• All massage establishment operators require a Massage Operator’s Permit
• Includes a variety of physical and operating requirements for all massage establishments to ensure reasonable health and safety standards
City Council | 06.11.24 | Item 10.A
Background
SMMC Section 9.31.230 (Massage Zoning Requirements)
• Massage establishments considered Personal Services land use • Variety of operational requirements that largely duplicate Massage Regulations ordinance
• Hours of operation limited to 7:00 AM – 10:00 PM
• Approval of Minor Use Permit (MUP) required
• Public hearing process
• $7,400 application fee
• Prohibited from being established or located within 500 feet of another massage establishment
City Council | 06.11.24 | Item 10.A
Background
• Recent massage establishment applicants have had business licenses denied
• Proximity to other massage establishments
• Including minor accessory massage uses that are ancillary to different primary uses such as hotels and fitness centers
• Other recent applicants are awaiting Zoning Administrator hearings for MUP review and approval
• City’s economic recovery after the COVID-19 pandemic is ongoing City Council | 06.11.24 | Item 10.A
Proposed Ordinance
SMMC Section 9.31.230
• Removes MUP (public hearing) requirement for massage
establishments
• Similar to Council’s 2021 removal of MUP requirement for Tattoo Parlors • Removes 500’ minimum distance requirement between establishments • Removes facility requirements
• Already contained in SMMC Chapter 6.104
• Maintains 7:00 AM – 10:00 PM hours of operation limit City Council | 06.11.24 | Item 10.A
Proposed Ordinance
• Supports City’s role as visitor destination
• Increases locally-based, independent, small personal services uses • Creates opportunity for additional personal service uses while maintaining appropriate health and safety measures
• EIZO becomes effective immediately upon adoption
• Expires in 60 days unless extended
City Council | 06.11.24 | Item 10.A
Recommended Action
• Introduce and adopt an Emergency Interim Zoning Ordinance amending the text of the Zoning Ordinance to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use standards for specific uses and activities contained in Santa Monica Municipal Code Section 9.31.230
• Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines
City Council | 06.11.24 | Item 10.A
City Council
Item 10.A
June 11, 2024
Proposed Ordinance
City Council | 06.11.24 | Item 10.A
9.31.230 Personal Service.
The following Personal Services shall be located, developed, and operated in compliance with the following standards:
A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified.
B. Massage Establishments. Massage establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed above, Municipal Code Chapter 6.104, Massage Regulations, and the following standards.
1. Permits Required. A Minor Use Permit pursuant to Chapter 9.41, Minor Use Permits & Conditional Use Permits, and a Massage Service Permit pursuant to Chapter 6.104 of the Municipal Code areis required.
2. Location. No such business shall be established or located within 500 feet from any other Massage Establishment.
3. Facility Requirements. Every massage establishment shall maintain facilities meeting the following requirements:
a. Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons. b. Minimum ventilation shall be provided in accordance with the Uniform Building Code. c. Hot and cold running water shall be provided at all times. d. Closed cabinets shall be provided for storage of clean linens. e. Adequate dressing, locker, and toilet facilities shall be provided for patrons. f. A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as closed as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.
42. Accessory Uses. A massage establishment which functions as an accessory use shall also comply with all requirements for the primary use.