PUBLIC NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that the Murrieta City Council adopted the following Ordinance at a Regular meeting on August 3, 2021, commencing at 6:00 p.m., City Council Chambers, 1 Town Square, Murrieta, CA 92562.
Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk’s office at (951) 461-4030.
ORDINANCE NO. 565-21
AN ORDINANCE (DCA 2020-2089) OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, REPEALING CHAPTER 5.18, ENTITLED “MASSAGE ESTABLISHMENTS” IN ITS ENTIRETY, AND ADDING CHAPTER 5.18, ENTITLED “MASSAGE BUSINESSES AND MASSAGE THERAPISTS” TO THE MURRIETA MUNICIPAL CODE, AND AMENDING SECTIONS 16.08, 16.10, 16.11, 16.12, 16.13, 16.14, 16.34, 16.44, AND 16.110 OF THE DEVELOPMENT CODE REGULATING MASSAGE BUSINESSES AND MASSAGE THERAPISTS
WHEREAS, the City of Murrieta (“City”) is authorized by Government Code Section 51030 et seq., to regulate massage establishments by imposing reasonable standards and conditions on the operation of the Massage Establishments; and
WHEREAS, the City’s Police Department reports that law enforcement and regulatory officials have filed multiple charges to various Massage Establishment workers and business owners for alleged violations of the Municipal Code since the current massage regulations were adopted in 2015; and
WHEREAS, the City wishes to continue to regulate the business of massage as set forth in this ordinance for the benefit of the Public Health, Safety and Welfare and has considered updates as required to incorporate best practices and recommended changes to operational characteristics and practices to continue to promote a heath-based and professional business climate for owners, employees, patrons, and the community at large; and
WHEREAS, the City finds that separation requirements will address the ongoing potential for concentration of illicit activities and need for public services related to the saturation of Massage Establishments in a concentrated area, and creating a separation does not preclude the establishment of new massage businesses and is not directed toward any particular business or owner; and
WHEREAS, on May 3, 2021 through May 14, 2021, the City provided a community forum thorough the use of a publicly accessible website with extensive outreach efforts in order to receive input from existing business owners, business industry associations, and residents concerning massage therapy regulations in the City and to provide input on the draft Ordinance language and permitting protocols. The website provided tools for the conversion of the information provided into multiple languages. Additionally, City staff considered in drafting the proposed regulations which are incorporated herein; and
WHEREAS, on May 26, 2021 the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Massage Businesses and Massage Therapist Ordinance, at which was presented the staff report as well as written comment from the public regarding the need for the proposed code amendment and providing evidence in the record to support the findings required by the Murrieta Development Code Section 16.58.080; and
WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the public hearing, and has determined that the proposed Massage Businesses and Massage Therapist regulations under Title 16 of the Municipal Code are appropriate by a vote of 4-1; and
WHEREAS, the Planning Commission has considered the potential for environmental effects as a result of the proposed code amendment pursuant to the California Environmental Quality Act (CEQA), and concurs with staff’s recommendation.
WHEREAS, on July 20, 2021, the Council considered the repealing and replacing Chapter 5.18 of the Murrieta Municipal Code which concerns primarily the application, operations, and enforcement parameters with respect to Massage Businesses and also considered updates to Title 16 which concerns the location, distance separation, cap parameters, and definitions.
NOW THEREFORE, the City Council of the City of Murrieta, does ordain as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Chapter 5.18 (Massage Establishments) of the Murrieta Municipal Code is hereby repealed in its entirety as shown in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. Chapter 5.18 (Massage Businesses and Massage Therapists) of the Murrieta Municipal Code is hereby added as shown in Exhibit B, attached hereto and incorporated herein by this reference.
SECTION 3. Section 16.08.010, Table 16.08-01 (Table 16.08-1, Use Table For Residential (Single-Family) Zoning Districts, Permit Requirement by District), Section 16.08.010, Table 16.08-2 (Table 16.08-2, Use Table For Residential (Multi-Family) Zoning Districts Permit Requirement by District), Section 16.10.010, Table 16.10-01 (Table 16.10-1, Use Table For Commercial Zoning Districts), Section 16.11.010, Table 16.11-01 (Table 16.11-1, Allowable Uses And Permit Requirements For Office Districts), Section 16.12.010, Table 16.12-1 (Table 16.12-1, Use Table For Business Park And Industrial Districts), Section 16.13.010, Table 16.13-1 (Table 16.13-1, Allowable Uses and Permit Requirements For The Innovation Zoning District), Section 16.14.010, Table 16.14-1 (Table 16.14-1, Use Table For Special Purpose Districts), Section 16.34.040, Table 3-7 (Table 3-7, Parking Requirements By Land Use); Section 16.44.020 (Adult Entertainment/Sexual Oriented Business Establishments); Section 16.44.270 (Massage, Accessory Use and Massage Establishments); 16.110.020 (Definitions of Specialized Terms and Phrases) of the Development Code is hereby amended, as shown in Exhibits C and D, attached hereto and incorporated herein by this reference.
SECTION 4. The City Council finds the introduction and adoption of this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines under Section 15061(b)(3) “Common Sense” exemption because it can be seen with certainty that there is no possibility of a significant effect on the environment.
SECTION 5. If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 6. This Ordinance shall take effect and be enforced sixty (60) days following its adoption by the City Council.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the Office of the City Clerk at least five (5) days prior to the adoption of the proposed Ordinance; and within fifteen (15) days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Councilmembers voting for and against the Ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Murrieta, California, held on this 20th day of July, 2021; and
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Murrieta, California, held on the 3rd day of August, 2021.
Scott Vinton, Mayor
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
Exhibit A and Exhibit B
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 20th day of July, 2021 and that thereafter the said Ordinance was duly and regularly adopted at a meeting of the City Council on the 3rd day of August, 2021, by the following vote, to wit:
AYES: Ingram, DeForest, Stone, White, Vinton
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this 6th day of August, 2021.
DATED: August 6, 2021
Cristal McDonald, City Clerk
Published: August 12, 2021
A copy of the Ordinance, including exhibits, can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected]