ORDINANCE 1504ORDINANCE NO. 1504
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 4 -10 AND §§ 15 -5F -2 AND 15 -5F -5 REGULATING
MASSAGE ESTABLISHMENTS WITHIN THE CITY OF EL SEGUNDO.
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: Findings. The City Council finds as follows:
A. The City currently regulates the practice of massage and the operation
of massage establishments for the benefit of the public health, safety
and welfare.
B. Business and Professions Code §§ 4600, of seq. (enacted by SB 731
in 2008 and amended by AB 619 in 2011) created a statewide system
for issuing massage worker permits, preempting local permitting
systems and requirements. The statewide permitting system is
administered by the California Massage Therapy Council or "CAMTC."
C. Assembly Bill 1147 (enacted in 2014 and effective January 1, 2015)
amended Business and Professions Code §§ 460 and 4600.5 and
Government Code § 51034 to return land use authority over massage
establishments to cities.
D. On December 22, 2014, the City of El Segundo initiated an application
for Environmental Assessment No. EA -1101 and Zone Text
Amendment No. ZTA14 -04 to amend the ESMC regulating massage
establishments within the City of El Segundo.
E. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General
Plan and conformity with the El Segundo Municipal Code ( "ESMC ").
F. The City reviewed the project's environmental impacts under the
California Environmental Quality Act (California Public Resource Code
§§ 21000, et seq., "CEQA ") and the regulations promulgated
thereunder (14 California Code of Regulations §§ 15000, et seq., the
"CEQA Guidelines "), and the City's Environmental Guidelines (City
Council Resolution No. 3805, adopted March 16, 1993).
G. The Planning and Building Safety Department completed its review
and scheduled the public hearing regarding the application before the
Planning Commission for January 8, 2015.
H. On January 8, 2015, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding this Ordinance,
including, without limitation, information provided to the Planning
Commission by City staff and public testimony.
On January 8, 2015, the Planning Commission adopted Resolution No.
2766 recommending the City Council approve Environmental
Assessment No. EA -1101 and Zone Text Amendment No. ZTA 14 -04.
J. The City Council desires to amend the ESMC to reestablish the City's
land use authority and to regulate massage establishments to the
fullest extent allowed under state law.
K. This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and
evidence presented to the City Council at its February 3, 2015,
hearing including, without limitation, the staff report submitted by the
Planning and Building Safety Department.
SECTION 2: Environmental Assessment. The proposed Zone Text Amendment is
exempt from further review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA
Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it
establishes rules and procedures to permit operation of existing facilities; consists
only of minor revisions and clarifications to existing regulations and specification of
procedures related thereto; and consists of actions taken to assure the maintenance,
protection and enhancement of the environment. This ordinance, therefore, does not
have the potential to cause significant effects on the environment. Consequently, it is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301,
15305, and 15308.
SECTION 3: General Plan Findings. As required under Government Code § 65860,
the ESMC amendments proposed by the Ordinance are consistent with the El
Segundo General Plan as follows:
A. The proposed zone text amendment conforms with Land Use Element
Goal LU4 in that the amendment will help provide a stable tax base for
the City by providing a clear regulatory framework for massage uses
and permit their operation in a manner similar to other personal service
uses.
B. The proposed zone text amendment is also consistent with Economic
Development Element Goal ED1 in that the amendment will help create
in El Segundo a strong, healthy economic community in which all
diverse stakeholders may benefit.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4,
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the proposed Zone Text Amendment is consistent with the goals, policies, and
objectives of the General Plan as follows:
A. It is consistent with the purpose of the ESMC, which is to serve the
public health, safety, and general welfare and to provide the economic
and social advantages resulting from an orderly planned use of land
resources.
B. It is necessary to comply with Business and Professions Code §§
4600, et seq., to provide a clear regulatory framework for massage
uses and permit their operation in a manner similar to other personal
service uses consistent with state regulations.
SECTION 5: ESMC § 15 -5F -2 is amended to read as follows:
"15 -5F -2: PERMITTED USES:
The following uses are permitted in the MU -S zone:
A. Business service establishments such as electronic computer facilities and
addressing services.
B. Engineering, industrial design, consultation and other offices.
C. Financial institutions.
D. General offices of commercial, financial or industrial establishments.
E. Hotels and motels.
F. Medical - dental offices or facilities.
G. Motion picture /television production facilities (excluding outdoor facilities).
H. Restaurants and cafes.
I. Retail (excluding off site alcohol sales) and wholesale sales and service.
J. Scientific research and experimental development laboratories.
K. Other similar uses approved by the director of planning and building safety, as
provided by chapter 22 of this title."
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SECTION 6: ESMC § 15 -5F -5 is amended to read as follows:
"15 -5F -5: USES SUBJECT TO CONDITIONAL USE PERMIT:
The following uses are allowed subject to obtaining a conditional use permit, as
provided by chapter 23 of this title:
A. Assembly halls.
B. Catering services and flight kitchens.
C. Drive - through restaurants.
D. Freight forwarding.
E. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this
title.
F. Hospitals.
G. Massage establishments that meet the requirements of chapter 4 -10 of this
code, in addition to all other requirements imposed by law.
H. Motion picture /television production facilities (outdoor facilities only).
I. On site sale and consumption of alcohol at bars..
J. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive -
through restaurants where outdoor dining comprises twenty percent (20 %) or
less of the total dining area of the restaurant or drive - through restaurant, but not
exceeding two hundred (200) square feet of floor area.
K. Parking facilities, including park and ride lots.
L. Recreational facilities (public and commercial).
M. Service stations, if a five hundred
residential zoned property is provided.
properties east of Sepulveda Boulevard.
foot (500') minimum distance from any
This distance criteria does not apply to
N. Video arcades with four (4) or more video or arcade machines.
O. Other similar uses approved by the director of planning and building safety, as
provided by chapter 22 of this title."
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SECTION 7: ESMC § 4 -10 -1 is amended to read as follows:
"4 -10 -1: PURPOSE :.
A. This chapter establishes new permitting standards intended to comply
with California law and establish zoning, business licensing, and health
and safety guidelines for massage establishments.
B. This chapter is not intended to be exclusive and compliance will not
excuse noncompliance with any state or local laws or regulations that
are uniformly applied to other professional or personal services
businesses including, without limitation, all zoning applications;
business license regulations; building, fire, electrical, and plumbing
codes; and health and safety code laws and regulations applicable to
professional or personal services businesses.
C. This chapter establishes a local regulatory system that allows only
state certified massage therapists and massage practitioners to
operate within the City. This chapter is also intended to allow the City
to exercise broad control over land use in regulating massage
establishments and to impose and enforce reasonable and necessary
fees and regulations, in keeping with the requirements of existing law,
while being mindful of the need to protect legitimate business owners
and massage professionals."
SECTION : ESMC § 4 -10 -2 is amended to read as follows:
114 -10 -2: DEFINITIONS:
Unless the contrary is stated or clearly appears from the context, the following
definitions govern the construction of the words and phrases used in this chapter.
Words and phrases not defined by this chapter have the meaning set forth
elsewhere in this Code, the Business and Professions Code, or Government
Code.
"California Massage Therapy Council (CAMTC)" means the California Massage
Therapy Council created pursuant to Business and Professions Code §
4500.5(a).
"Certified Massage Practitioner" means a person who is currently certified as a
massage practitioner by the CAMTC, and who administers massage for
compensation.
"Certified Massage Therapist" means a person who is currently certified as a
massage therapist by the CAMTC, and who administers massage for
compensation.
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"City" means the City of El Segundo..
"Director" means the planning manager or such other person designated by the
city manager.
"Massage" means any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts
of the human body with the hands or with the aid of any mechanical or electrical
apparatus, or other appliances or devices, with or without such supplementary
aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment
or other similar preparations.
"Massage Establishment" means and includes any massage establishment,
parlor, or any room, place or institution where massage is given or administered
by a massage technician as the primary service of the business establishment.
"Massage Technician" means any person, who gives, performs or administers to
another person a massage for any form of consideration.
"Person" means and includes person(s), firms, corporations, partnerships,
associations or other forms of business organization or group.
"Specified anatomical areas" means and includes any of the following human
anatomical areas: genitals, pubic regions, anuses or female breasts below a
point immediately above the top of the areola.
"Specified sexual activities" means and includes all of the following:
A. Fondling or other erotic touching of specified anatomical areas;
B. Sex acts including, without limitation, intercourse, oral copulation, or
sodomy;
C. Masturbation; or
D. Excretory functions as part of or in connection with any specified
sexual activity listed in this definition."
SECTION 9: ESMC Chapter 4 -10 is amended by adding a new § 4 -10 -5 to read as
follows:
"4 -10 -5: PERMIT REQUIRED:
Every person conducting, managing, operating, owning or in control of a
massage establishment or any other place that is open to the public or is a
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private club, where facial massages, fomentations, massages, electric or
magnetic treatments, or alcohol rubs are administered or given, or any
public bathing place, which has in connection therewith a steam room, dry
or hot room plunge, swimming pool, shower, bath, or sleeping
accommodations, must obtain a conditional use permit. A conditional use
permit issued pursuant to this section must include, as a condition of
approval, a requirement that the permittee notify the City of any change in
ownership."
SECTION 10: ESMC Chapter 4 -10 is amended by adding a new § 4 -10 -6 to read as
follows:
"4 -10 -6: BUSINESS LICENSE REQUIRED:
Before operating any massage establishment or becoming engaged in the
occupation of a massage practitioner or massage technician, the
individual proposing to conduct the business must obtain the required
business license to do so and, in addition, unless otherwise specified, is
subject to each and all of the terms, conditions and provisions of this
chapter. A business license is not transferable."
SECTION 11: ESMC Chapter 4 -10 is amended by renumbering existing §§ 4 -10 -5
through 4 -10 -12 as follows:
§ 4 -10 -5 is renumbered as § 4 -10 -7.
§ 4 -10 -6 is renumbered as § 4 -10 -8.
§ 4 -10 -7 is renumbered as § 4 -10 -9.
§ 4 -10 -8 is renumbered as § 4- 10 -10.
§ 4 -10 -9 is renumbered as § 4- 10 -11.
§ 4 -10 -10 is renumbered as § 4- 10 -12.
§ 4 -10 -11 is renumbered as § 4- 10 -13.
§ 4 -10 -12 is renumbered as § 4- 10 -14.
SECTION 12: Existing § 4 -10 -13 is renumbered as § 4 -10 -15 and is amended to read
as follows:
"4- 10 -15: REVOCATION:
A. Grounds for Revocation. The Director or City Attorney may revoke
approvals issued under this chapter for one or more of the following
grounds:
1, Fraud or Deceit. That the applicant practiced fraud or deceit in
obtaining an approval under this chapter;
2. Violation of Chapter. That the massage establishment owner,
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operator, massage technician, or its employee, agent,
independent contractor or other representative violated a
provision or provisions of this chapter;
3. Criminal Conviction. That the massage establishment owner,
operator, massage technician, or its employee, agent,
independent contractor or other representative has been
convicted in a court of competent jurisdiction of any offense
described in this chapter;
4. Improperly Maintained Facilities. That the facilities and
operations of the massage establishment are not kept in
compliance with this chapter, and that the owner or operator has
failed to promptly remedy any deficiency of which they have
been notified. For purposes of this subsection, "notice" means
notice given personally or by leaving notice at the massage
establishment premises, or by first class mail, postage prepaid,
to the address designated by the massage technician or
establishment in accordance with this chapter;
5. Employment of Uncertified Technicians. That the massage
establishment has employed, allowed or permitted an
uncertified person to perform massage in the massage
establishment;
6. Error. That the approval was issued in error;
7. Civil Penalties. Assessment of three or more civil penalties as
provided by this chapter during any six month period; or
8. Prohibited Conduct. A massage establishment owner, operator,
massage technician, or its employee, agent, independent
contractor or other representative has been found to have
engaged in prohibited conduct in violation of this chapter.
B. Notice of Revocation. Upon a determination on the grounds to revoke
an approval under this chapter, the Director or City Attorney must
cause a notice of revocation to be mailed by first class, postage
prepaid mail, to the address designated by the massage technician or
establishment pursuant to this chapter.
C. Suspension or Revocation of Conditional Use Permit. A conditional use
permit issued to a massage establishment may be suspended or
revoked pursuant to Chapter 15 -23 of this code."
SECTION 13: Existing § 4 -10 -14 is renumbered as § 4- 10 -16.
SECTION 14: Existing § 4 -10 -15 is renumbered as § 4 -10 -17 and is amended to read
as follows:
"4 -10 -17 APPEAL:
Any person denied an approval under this chapter or a massage establishment
owner or operator whose approval has been revoked may appeal the denial or
revocation in writing pursuant to the appeal procedures provided in by section 1-
2A-15 et seq. of this code. Such appeal must be in writing an must be filed with
the City Clerk not more than fifteen (15) days following the Director's deposit into
the mail of the notice of denial or revocation sent to the applicant or massage
establishment owner or operator to the address listed by the applicant or
massage establishment owner or operator pursuant to this chapter. Any
successful appeal will result in approval or reinstatement of an approval and
refund of any fines collected by the City. Notwithstanding the foregoing, any
appeal of a suspension or revocation of a conditional use permit issued to a
massage establishment must comply with Chapter 15 -23 of this code."
SECTION 15: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 15: Enforceability. Repeal of any provision of the ESMC does not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 1.7: Validity of Previous Code Sections. If this entire Ordinance or its
application is deemed invalid by a court of competent jurisdiction, any repeal or
amendment of the ESMC or other city ordinance by this Ordinance will be rendered void
and cause such previous ESMC provision or other the city ordinance to remain in full
force and effect for all purposes.
SECTION 13: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 15: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
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SECTION 20: This Ordinance will take effect on the 31st day following its final passage
and adoption.
Ordinance No. 1504 was PASSED, APPROVED, AND ADOPTED this 17th day of
February, 2015.
kwAA- boo
uz ne Fuentes,
Mayor
APPROVED AS TO FORM:
(21 P)<�/
MA D. HENSL'EY Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF EL SEGUNDO )
I, TRACY SHERRILL WEAVER, City Clerk of the City of El Segundo, California, do
hereby certify that the foregoing Ordinance No.1504 was introduced, and placed upon
its first reading at a meeting of the City Council of the City of El Segundo, held on the
3rd day of February, 2015. That thereafter on the 17th day of February, 2015, said
Ordinance was duly passed, approved and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Jacobson, Council Member
Atkinson, Council Member Fellhauer, and Council Member Dugan
NOES: None
ABSENT: None
ABSTAIN: None
Dated this V day of
Tracy Sherri eaver, City Clerk
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