Proposed Code Title 16

Murrieta Massage Business / Therapist Code Updates 

Virtual Workshop Webpage

Proposed Code – Title 16 

(Applicable Sections Where Changes Are Proposed)

Development Code Regulations

Article II – Zoning Districts and Allowable Land Uses

16.08          Residential Districts

16.10          Commercial Districts

16.11          Office Districts

16.12          Business Park and Industrial Districts

16.13          Innovation Zoning District

16.14          Special Purpose Districts

Section 16.08 (Residential Districts) of the Murrieta Municipal Code is hereby amended as follows:

TABLE 16.08-1 USE TABLE FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
 Permit Requirement by District

Please contact [email protected] for Table due to webpage formatting/translation.

TABLE 16.08-2 USE TABLE FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District

Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.10 (Commercial Districts) of the Murrieta Municipal Code is hereby amended as follows:
TABLE 16.10-1 USE TABLE FOR COMMERCIAL ZONING DISTRICTS
Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.11 (Office Districts) of the Murrieta Municipal Code is hereby amended as follows:
TABLE 16.11-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR OFFICE DISTRICTS
Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.12 (Business Park and Industrial Districts) of the Murrieta Municipal Code is hereby amended as follows:
TABLE 16.12-1 USE TABLE FOR BUSINESS PARK AND INDUSTRIAL DISTRICTS
Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.13 (Innovation Zoning District) of the Murrieta Municipal Code is hereby amended as follows:
TABLE 16.13-1 ALLOWABLE USES AND PERMIT REQUIREMENTS FOR THE INNOVATION ZONING DISTRICT
Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.14 (Special Purpose Districts) of the Murrieta Municipal Code is hereby amended as follows:
TABLE 16.14-1 USE TABLE FOR SPECIAL PURPOSE DISTRICTS
Please contact [email protected] for Table due to webpage formatting.

 Article III – Site Planning and General Development Standards
16.34                   Off-Street Parking and Loading Standards 
16.44                   Standards for Specific Land Uses
16.44.270  Massage, Accessory Use and Massage Establishments 

Section 16.34 (Off-Street Parking and Loading Standards) of the Murrieta Municipal Code is hereby amended as follows: 

TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
Please contact [email protected] for Table due to webpage formatting/translation.

Section 16.44 (Standards for Specific Land Uses) of the Murrieta Municipal Code is hereby amended as follows:
16.44.020  Adult Entertainment/Sexually Oriented Business Establishments.

A.   Purpose. The purpose of this cChapter is to regulate sexually-oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the cCity and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually-oriented businesses within the cCity, thereby reducing or eliminating the adverse secondary effects from sexually-oriented businesses. The provisions of this cChapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this cChapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this cChapter to condone or legitimize the distribution of obscene material.

B.   Definitions. The following are definitions of specialized terms and phrases used in this cChapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions). Sexually oriented businesses are those businesses defined as follows:

7.   Massage Parlor. A place where, for any form of consideration or gratuity, massage, alcohol rub, ad-ministration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body that occurs as a part of or in connection with "specified sexual activities," or where a person providing a treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexually-oriented businesses shall not include the provision of Personal Services, as that term is defined by Section 16.110.020 of this Development Code, or the performance of Massage in accordance with State law and in compliance with the requirements of Chapter 5.18 of this Municipal Code and this Development Code, or the practice of mMassage in any licensed hospital, or by a licensed hospital, or by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Section 16.44.270 (Massage, Accessory Use and Massage Establishments) of the Murrieta Municipal Code is hereby added as follows:

 A.        Purpose.  The purpose of this Section is to retain land use authority over the licensing and permitting of land uses associated with massage within the jurisdiction of the City of Murrieta to: 

  1. Maintain the character, diversity, and vitality of the City’s commercial areas and the quality of life of its residents;
  2. Preserve the aesthetics of surrounding neighborhoods;
  3. Ensure the proposed uses are compatible with adjacent areas and land uses;
  4. Appropriately condition any known or anticipated impacts caused by the land use; and
  5. Prevent the increase or over proliferation and over-concentration of massage businesses within certain areas.

B.        Definitions.  The following are definitions of specialized terms and phrases used in this Chapter.   Definitions of general terms and phrases are located in Article VI of this Title 16.  Any terms used in this Chapter that are not specifically defined under this Chapter or Title 16 shall have the same meaning as those definitions provided under Chapter 5.18 of this Municipal Code.  

1.   Director shall mean the Director of Development Services or designee.

2.  Massage shall mean the scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education.  Regulations under this Municipal Code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.  For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning.   To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever.  Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology.   Massage does not include contact with Specified Anatomical Areas, as defined by and prohibited under this Municipal Code.

3.  Massage Accessory Use shall mean any establishment having a fixed place of business within the City where any Person performs Massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the Massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use.  Massage Accessory Use shall be required to obtain a Massage Accessory Use Permit and shall be subject to the Massage operating requirements under Chapter 5.18 and Title 16 of this Municipal Code, unless expressly exempted.   

4.  Massage Establishment shall mean any establishment having a fixed place of business located within the City where any Person performs Massage.  A Massage Establishment shall be required to obtain a Massage Establishment Permit and shall be subject to the Massage operating requirements under Chapter 5.18 and Title 16 of this Municipal Code.

 5.  Residential Massage Establishment shall mean a Massage Establishment legally operating in a residence in the City as of __________________, 2021, that continuously operates in the residence with a current, valid and authentic Massage Establishment Permit, Business License and Home Occupation Permit issued by the City, and all other necessary approvals, and that operates in compliance with all local, State and Federal laws, ordinances, rules and regulations.

C.        Land Use/Zoning Regulations.  Businesses where Massage is performed as Massage Establishments, as a Massage Accessory Use, and as a Residential Massage Establishment and shall be subject to the following, in addition to all other requirements contained in Chapter 5.18 and Title 16 of this Municipal Code and by law: 

1.  Permitted Zone Limitations.  Massage Establishments as a primary use shall meet the following criteria: 

  1. Are limited to the zones as detailed within Table 16.10 “Use Table For Commercial Zoning Districts”, the Downtown Murrieta Specific Plan Area Zone – MU (Mixed-Use) designation, or certain MU (Mixed-Use) Zones and, or, Commercial Zones in Specific Plans as determined by the Director.
  2. Are located within areas which function as a commercial land use and is developed as a shopping center, subject to the regulations, site specific standards and provisions of the below criteria and Development Code. A shopping center for the purpose of this subsection shall possess commercial land use controls, in the form of common lease, common area maintenance agreements for landscaping and parking areas, reciprocal easement agreements for ingress, egress and parking of vehicles, recorded declarations of covenants, conditions and restrictions defining the responsibility of landlord and tenant concerning the standards for the operation and maintenance of the center, or similar rules and regulations intended to preserve the integrity of such a center. 
  1. Business locations where Massage is performed as a Massage Accessory Use with required associated primary land use function, shall be permitted with limitations:
  1. As referenced under Table 16.08-1 “Use Table For Residential (Single-Family) Zoning Districts”, Table 16.10 “Use Table For Commercial Zoning Districts”, Table 16.08-2 “Use Table for Residential (Multi-Family) Zoning Districts”, Table 16.10-1 “Use Table For Commercial Zoning Districts”, Table 16.11-1 "Allowable Uses And Permit Requirements For Office Districts", Table 16.12-1 "Use Table For Business Park And Industrial Districts", Table 16.13-1 "Allowable Uses And Permit Requirements For The Innovation Zoning District", and Table 16.14-1 "Use Table For Special Purpose Districts."
  2. Within the Downtown Murrieta Specific Plan Area Mixed Use (MU) land use designation. To qualify it shall provide for a Barber Shop, Beauty Salon, Tanning Salon, Hotel, Day Spa, Indoor Recreation (Health and Fitness Center), or Offices (Medical). Within the Civic/Institutional (C/I) land use designation it shall be limited to locations which provide Offices (Medical), Hotels, or Indoor Recreation (Health and Fitness Centers). Within the Rural Residential (RR), Residential – Single Family 1 (RS-1), and Residential Single-Family – 2 (RS-2) land use designations it shall be limited to locations which provide for Residential Care Homes (Up to 8), or Residential Care Homes (Up to 14).
  3. At Specific Plans locations that contain a Commercial, and, or, Mixed-Use land use component. These areas would need to permit Beauty and Barber Shops, Tanning Salons, Health and Fitness Centers, Hotels, Medical Services – Offices, Clinics and Laboratories, Medical Services – Hospital, Assisted Living/Skilled Nursing, Recreational Facilities, Skilled Nursing – Short-Term or similar primary uses as determined by the Director. For Residential land use locations within Specific Plans, it shall be limited to Assisted Living/Skilled Nursing,Skilled Nursing – Short-Term and similar primary uses as determined by the Director.   
  1. Residential Massage Establishments shall be limited to existing residential locations within the Single-Family 1 (SF-1) zone and within the Downtown Murrieta Specific Plan Single-Family 2 (SF-2) land use designation. Locations shall be limited to existing locations and only be permissible as a legal non-conforming use pursuant to the provisions of Section 5.18.060.  
  1. Massage Establishments, Massage Accessory Uses, Residential Massage Establishments shall not be permitted in any other zones within the jurisdiction of the City.

2.  Distance Limitation.  A Massage Establishment, as a primary use, shall be located no fewer than 1,000 feet from another Massage Establishment (established as a primary use) existing as of ______________________, 2021, as measured in a straight line, without regard to intervening structures, from the property line of one Massage Establishment to the property line of the other Massage Establishment.  Any Existing Massage Establishment, which is located within 1,000 feet of another Existing Massage Establishment as of ______________________, 2021, is not required to relocate but is subject to all other provisions of this Ordinance for the continued operation and/or transfer of ownership of the Massage Establishment. If any Existing Massage Establishment desires to change locations after ______________________, 2021 to another location less than 1,000 feet from another Massage Establishment, the relocation shall be subject to all other land use and zoning requirements under this Development Code, and compliance with this distance limitation is subject to the discretion of the Director.  This limitation shall not apply to businesses where massage is performed as Massage Accessory Use, or to Residential Massage Establishments, as those terms are defined under this Development Code.

3.  Cap Limitation.  The maximum number of Massage Establishments as a primary use within the jurisdiction of the City of Murrieta shall not exceed one (1) Massage Establishment per every 5,000 inhabitants of the City. For purposes of this Section, the total number of inhabitants of the City shall be determined by the most current published data available from the California State Department of Finance, as of the date an application for a Massage Establishment Permit is filed.  This limitation shall not apply to the following businesses: (i) businesses where Massage is performed as Massage Accessory Use, as that term is defined under this Development Code; (ii) Residential Massage Establishments, as that term is defined under this Development Code; or (iii) any Existing Massage Establishment so long as there is no lapse in the timely renewal of a City Business License and/or Massage Establishment Permit as required under Title 5 of this Municipal Code. 

4.  Existing Massage Establishments – Legal, Non-Conforming Use.  Existing Massage Establishments that do not comply with the land use and zoning limitations imposed upon new Massage Establishments under Paragraphs 1, 2 and 3 of this Section as of ______________________, 2021 shall be considered a legal, non-conforming use. Such Existing Massage Establishments shall be required to comply with all other applicable local, State and Federal laws, ordinances, rules and regulations, including, but not limited to, Chapter 5.18 of this Municipal Code and this Development Code.

5.  Compliance with Laws.  The Owner, Operator and Manager, as those terms are defined under Chapter 5.18 of this Municipal Code, of any Massage Establishment, Residential Massage Establishment, or business where Massage is performed as Massage Accessory Use, shall also comply with all applicable local, State and Federal laws, ordinances, rules and regulations as they may be amended from time to time, including, but not limited to, California Business and Professions Code Sections 4600 et seq. (Massage Therapy Act), California Government Code Sections 51030 et seq., this Development Code and Title 5 of this Municipal Code.

Article VI – Development Code Definitions

Chapter 16.110 – Definitions 

Section 16.110.020 (Definitions of Specialized Terms and Phrases) of the Murrieta Municipal Code is hereby amended as follows:

 M.  Definitions, “M”.  The following definitions are in alphabetical order.

Massage.  The scientific manipulation of the soft tissues and any method of pressure on, friction against, channeling energy through, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the body, or other methods designed to create similar effects, to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular re-education.  Regulations under this Municipal Code apply to all forms of massage, whether or not it is called massage and whether or not the massage is performed with the patron fully clothed, with or without the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice.  For purposes of this definition, the terms “massage,” “massage therapy,” “bodywork,” or any other terms used within the massage industry shall have the same meaning.   To “perform massage” shall mean the act of performing, providing, offering, delivering, dispensing, engaging in, or carrying on, or permitted to be performed, provided, offered, delivered, dispensed, engaged in, or carried on massage for any form of consideration whatsoever.  Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, heller work, reiki, and reflexology.   Massage does not include contact with Specified Anatomical Areas, as defined by and prohibited under this Municipal Code.

Massage Accessory Use.  Any establishment having a fixed place of business within the City where any Person performs Massage either permanently or temporarily in conjunction with a primary permitted land use, and the area where the Massage occurs covers less than twenty percent (20%) of the gross square footage of the primary permitted land use.  Massage Accessory Use shall be required to obtain a Massage Accessory Use Permit and shall be subject to the Massage operating requirements under Chapter 5.18 and Title 16 of this Municipal Code, unless expressly exempted.

Massage Establishment.  Any establishment having a fixed place of business located within the City where any Person performs Massage.  A Massage Establishment shall be required to obtain a Massage Establishment Permit and shall be subject to the Massage operating requirements under Chapter 5.18 and Title 16 of this Municipal Code.

P.  Definitions, “P”.  The following definitions are in alphabetical order.

Personal Services.  Establishments providing non-medical related services, including beauty and barber shops; clothing rental: dry cleaning pick-up stores and small-scale dry cleaners without pick-up and delivery services; laundromats (self-service laundries); shoe repair shops; tanning salons; fortune telling; and therapeutic (non-sexual) massage services performed in accordance with State law and in compliance with the requirements of Chapter 5.18 of this Municipal Code and the provisions of this Development Code, body piercing, tattooing, electrolysis.  These uses may also include accessory retail sales of products related to the services provided. Massage services shall only be performed in accordance with State law and in compliance with the requirements of Chapter 5.18 of this Municipal Code and Section 16.44.270 of the Development Code.

R.  Definitions, “R”.  The following definitions are in alphabetical order.

Residential Massage Establishment.  A Massage Establishment legally operating in a residence in the City as of __________________, 2021, that continuously operates in the residence with a current, valid and authentic Massage Establishment Permit, Business License and Home Occupation Permit issued by the City, and all other necessary approvals, and that operates in compliance with all local, State and Federal laws, ordinances, rules and regulations.