City Council
Report
City Council Meeting: July 23, 2024
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and Adoption of an Emergency Interim Zoning Ordinance Extending Interim Zoning Regulations Adopted by Emergency Interim Zoning Ordinance 2781 (CCS) to Remove the Minor Use Permit, Location, and Facility Requirements for Massage Establishments from the City’s Personal Service Use Standards for Specific Uses and Activities
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce and adopt an Emergency Interim Zoning Ordinance extending interim zoning regulations adopted by Emergency Interim Zoning Ordinance 2781 (CC) 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.
Summary
On June 11, 2024, Council adopted Emergency Interim Ordinance Number 2781 (CCS) (IZO 2781) which adopted interim zoning regulations 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 (SMMC) Section 9.31.230. In accordance with SMMC Section
9.46.090(C), IZO 2781 is set to expire on August 10, 2024. Staff proposes an extension to the interim zoning regulations that would continue until December 31, 2025. Over this timeframe, staff will monitor the efficacy of the interim regulations and make recommendations for permanent changes to remove the Minor Use Permit, location, 2 of 6
and facility requirements for massage establishments from the Personal Service use standards. Depending on the circumstances, Council could make amendments to the IZO or repeal it.
Discussion
Massage regulations are currently contained within Santa Monica Municipal Code (SMMC) Article 6, Business, Professions and Trades, and Article 9, Planning and Zoning. SMMC Section 6.104.010 defines a massage establishment as follows:
Massage Establishment. Any business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on, or permits to be engaged in or conducted, for money or any other consideration, massage or health treatments involving massages including, but not limited to, those businesses that provide massage accessory to their principal permitted use, such as aromatherapy, beauty salon, health club, beach club, skin care salon, acupuncture, chiropractic office or day spa. Unless otherwise specified in this Chapter, any reference to massage establishment shall include certified massage establishment.
By definition, any different primary use such as a fitness center or a day spa that offers ancillary massage services is still considered a massage establishment. SMMC Section
6.104.020 requires that all massage establishment operators obtain a Massage Operator’s Permit which is reviewed by the Police Department and issued by the Finance Department. SMMC Section 6.104.090 details a variety of physical and operating requirements for all massage establishment and massage technicians to ensure reasonable health and safety standards.
A massage use is considered a Personal Services land use in the Zoning Ordinance and is subject to the specific use standards contained in SMMC Section 9.31.230.
These standards include limiting hours of operation between 7:00 AM – 10:00 PM, prohibiting massage establishments from being established or located within 500 feet of another massage establishment, and requiring both a Massage Operator’s Permit and a 3 of 6
Minor Use Permit (MUP). Approval of a Minor Use Permit requires discretionary review by the City’s Zoning Administrator at a public hearing involving an overall process that can take an average of 3-4 months with an application fee of approximately $7,400. The specific use standards also include certain physical facility requirements such as lighting, ventilation, and water requirements.
Recent massage establishment applicants have had their business licenses denied due to their proximity within 500 feet of other massage establishments including those that only offer minor accessory massage services as part of a different primary use such as a fitness center. A recent applicant proposing to establish ancillary massage services within a hotel was also informed that due to the proximity of another massage establishment within 500 feet, massage services would not be permitted within the hotel even though such a use is a common hotel amenity.
The City of Santa Monica has long served as a local, regional, national, and international destination, attractive for its blend of retail, dining, services, and entertainment. The City’s economic recovery after the COVID-19 pandemic has been difficult for many segments of the economy, and Santa Monica’s commercial districts are experiencing the same uncertainty with vacancy rates that remain higher than prior to the pandemic, especially in the Downtown area.
Massage establishments are represented by a variety of different types of uses with massage services usually offered as an accessory use to a different primary use such as a hotel, fitness center, day spa, or medical office. A massage use is classified in the Zoning Ordinance as a General Personal Service use which, along with Physical Training and Tattoo or Body Modification Parlor uses, are sub-classifications of a Personal Services use. Similar to Council’s approval of amendments to the Zoning Ordinance in 2021 to remove the MUP requirement for Tattoo or Body Modification Parlor uses, the proposed removal of the MUP requirement for massage establishments would increase flexibility of these uses and opportunities for economic recovery by removing a public hearing requirement. Removal of the location requirement of a minimum 500 feet between massage establishments would enable additional personal 4 of 6
service uses in Santa Monica and would not likely result in an over concentration of such uses. Further, facility requirements are already contained in SMMC Section
6.104.090 and are not necessary in SMMC Section 9.31.230. The various physical and operational regulations in Chapter 6.104 ensure that massage establishments are well regulated to prevent any illicit activities and to ensure compliance with applicable health and safety measures.
Pursuant to SMMC Section 9.31.230(A), the hours of operation for a Personal Service use, including massage uses, are limited to 7:00 AM to 10:00 PM. No changes to this limitation are currently proposed.
The proposed modifications to the Personal Service use standards would support the City’s role as a visitor destination by encouraging uses that appeal to both locals and tourists and would maintain and increase locally based, independent, small personal service uses in the City’s commercial districts. The proposed modifications would create the opportunity for additional personal service uses while maintaining appropriate health and safety measures.
On June 11, 2024, Council adopted IZO 2781 which adopted these interim zoning regulations 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 (SMMC) Section 9.31.230.
This Emergency Interim Zoning Ordinance (EIZO) became effective immediately and is set to expire on August 10, 2024. Council may extend the EIZO until June 11, 2029, allowing the IZO to be in effect for up to 60 months in accordance with SMMC Section
9.46.090(C).
Staff recommends extension of the EIZO until December 31, 2025. The proposed extension would allow staff to monitor the efficacy of the interim regulations and make recommendations for permanent changes to remove the Minor Use Permit, location, and facility requirements for massage establishments from the Personal Service use 5 of 6
standards. The proposed extension would not preclude Council from revisiting the EIZO prior to its expiration to potentially amend the provisions or duration of the EIZO.
Depending on the circumstances, Council could make amendments to the EIZO or repeal it.
Past Council Actions
Meeting Date Description
06/11/24
(attachment A)
Introduction and Adoption of an Emergency Interim Zoning Ordinance to Remove the Minor Use Permit, Location, and Facility Requirements for Massage Establishments from the City’s Personal Service Use Standards for Specific Uses and Activities Environmental Analysis
The proposed interim ordinance is exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption), which states that CEQA does not apply where “there is no possibility that the project may have a significant effect on the environment”. The proposed interim zoning regulations represent a change to the application processing requirements for a specific use that is currently permitted through the approval of a Minor Use Permit. The potential for an increase in the number of such uses that can be established will not create a significant impact on the environment, and the facilities requirements for such uses will remain elsewhere in the Municipal Code.
Therefore, no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Tony Kim, Principal Planner
Approved Forwarded to Council
Attachments:
A. Emergency Interim Zoning Ordinance Extension
B. City Council Meeting - June 11, 2024 (Web Link)
C. PowerPoint Presentation