HomeMy WebLinkAboutItem 2d: Adopt Ordinance 2275: Personal Service Business Uses and CUP Permits for Such UsesORDINANCE NO. 2275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND)
OF THE ARCADIA MUNICIPAL CODE TO DEFINE AND ADDRESS
REGULATIONS FOR PERSONAL SERVICE BUSINESS USES AND THE
REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH
USES AND AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE
TO REVISE THE DEFINITION OF PERSONAL SERVICE BUSINESS.
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 9220.15.1 is hereby added to Chapter 2, Part 2, of Article
IX of the Arcadia Municipal Code to read as follows:
"9220.15.1. BUSINESS, PERSONAL SERVICE.
Personal Service Business shall mean a business providing non - medical
personal, health, beauty, or grooming services to its individual customers as
a primary use including, but not limited to, day spas, hair salons, nail salons,
beauty parlors, health spas, tanning salons and tattoo parlors."
SECTION 2. Section 9275.1.53.2.1 is hereby added to Division 5, Title 1
of Article IX of the Arcadia Municipal Code to read as follows:
"9275.1.53.2.1. PERSONAL SERVICE BUSINESS.
C -1, C -2 and C -M.
SECTION 3. Section 6418.1 of Article VI, Chapter 4, Part 1, Division 8 of the
Arcadia Municipal Code is hereby amended to read as follows:
"Personal Service Business" shall mean a business providing non - medical
personal, health, beauty, or grooming services to its individual customers as
a primary use including, but not limited to, day spas, hair salons, nail salons,
beauty parlors, health spas, tanning salons and tattoo parlors."
SECTION 4. Sections 9262.1.6 and 9262.1.7 of Article IX, Division 2, Part 6,
Title 1 of the Arcadia Municipal Code are hereby repealed in their entirety.
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SECTION 5. Section 9264.2.5 of the Arcadia Municipal Code is hereby
amended to repeal sub - section (1) and renumber the remaining sub - sections 1 through
14.
shall cause a copy of the same to be published in the official newspaper of said City
within fifteen (15) days after its adoption. This Ordinance shall take effect thirty -one
(31) days after its adoption.
Passed, approved and adopted this day of 2010.
ATTEST:
City Clerk
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Mayor of the City of Arcadia
STAFF REPORT
Development Services Department
DATE: June 15, 2010
TO: Mayor and City Council
FROM: Jason Kruckeberg
Assistant City Manager / Development Services Director —
By: Jim Kasama, Community Development Administrato
SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 10 -11 FOR
ORDINANCE NO. 2275 AMENDING ARTICLE IX (DIVISION
AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO
DEFINE AND ADDRESS REGULATIONS FOR PERSONAL
SERVICE BUSINESS USES AND THE REQUIREMENTS FOR
CONDITIONAL USE PERMITS FOR SUCH USES AND
AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL
CODE TO REVISE THE DEFINITION OF PERSONAL SERVICE
BUSINESS.
Recommendation: Introduce Ordinance No. 2275
SUMMARY
The Development Services Department is proposing to amend the City's Zoning
Ordinance to define, "Personal Service Business," and to establish regulations
and requirements for Conditional Use Permits for those uses. These
amendments are being proposed in response to the continuing instances of
illegal conduct at these types of businesses, which include day spas, hair salons,
nail salons, beauty parlors and health spas. Many personal service businesses
have private rooms and /or enclosures, which in most cases legitimately protect
their customer's privacy. But, in more and more instances, these private rooms
are being used to conduct illegal activities; primarily prostitution. The
Development Services Department is recommending approval of the proposed
text amendments as set forth in this report and the attached ordinance.
BACKGROUND
The City Council has held numerous discussions and study sessions on the
problems being encountered at businesses that provide personal services; such
as, acupuncturists and day spas. And, the City Council has had to act on the
appeals of business license revocations of several such businesses because of
the incidents of criminal activity at these businesses. At a Study Session at the
City Council's April 6, 2010 meeting, staff was directed to institute a Conditional
Use Permit requirement for Personal Service Businesses in order to provide an
additional enforcement mechanism to curtail the incidents of criminal activity at
these businesses.
DISCUSSION
Based on the direction given by the City Council, staff has prepared the attached
Ordinance (No. 2275) to add to the Zoning Ordinance the definition of, "Personal
Service Business" and the requirement of a Conditional Use Permit (CUP) for
those uses.
The term, "Personal Service Business" is already defined in the Arcadia
Municipal Code in Article VI (Businesses, Professions, Trades and Occupations)
which primarily deals with business licensing. The definition is part of the
Massage Therapist Regulations (Sections 6418 et seq.) and currently reads as
follows:
"Personal Service Business" shall mean a business providing
non - medical personal, health, beauty, or grooming services to its
individual customers as a primary use including, but not limited to,
day spas, hair salons, nail salons, beauty parlors and health spas.
In addition to adding this definition to the Zoning Ordinance, the definition is
proposed to be revised to specifically include tanning salons and tattoo parlors.
This is to avoid any ambiguity about these uses being considered Personal
Service Businesses. Therefore, the definition is proposed to read as follows:
"Personal Service Business" shall mean a business providing
non - medical personal, health, beauty, or grooming services to its
individual customers as a primary use including, but not limited to,
day spas, hair salons, nail salons, beauty parlors, health spas,
tanning salons and tattoo parlors.
The requirement of a CUP for Personal Service Businesses may seem
somewhat burdensome, but the ability to impose additional regulatory measures
afforded by a CUP is necessary to respond to the criminal activities that have
been found to be occurring at these businesses.
Ord. 2275 — TA 10 -11
Personal Service Businesses
June 15, 2010 — Page 2 of 5
Personal Service Businesses are currently allowed by right, provided there is
adequate parking (5 spaces per 1,000 gross square feet — same as for any retail
use) in the following zones: C -1, Limited Commercial; C -2, General Commercial;
and C -M, Commercial Manufacturing. Barber shops and beauty parlors are also
allowed in conjunction with and incidental to a hotel in the CPD -1, Commercial
Planned Development -1 Zone; and with the exception of the front, one - third of
the ground floor area along First Avenue, they are allowed in the CBD, Central
Business District Zone. The Arcadia Redevelopment Agency, however, has
deemed Personal Service Businesses as Inappropriate Uses in the Central
Redevelopment Project Area (see the attached map) and at the Westfield
regional shopping mall, beauty parlors, barber shops and figure salons are the
only personal service businesses allowed by City Council Resolution No. 6199,
which specifically covers the mall.
It is proposed that a CUP be required for all Personal Service Businesses and
that they only be allowed with an approved CUP in the C -1, C -2, and C -M zones.
The C -1 zoning regulations would be amended to repeal, 'Barber Shops' and
'Beauty Parlors' as permitted uses by right, which would also eliminate them as
allowed uses in the C -2 and C -M Zones. The provisions to allow barber shops
and beauty shops in conjunction with a hotel in the CPD -1 Zone will remain
because those uses would be subject to a CUP because a CUP is required for a
hotel in the CPD -1 Zone. The CBD zoning regulations would be amended to
repeal, 'Barber, beauty, tanning and nail shops;' from the list of Consumer
Services that are allowed in the CBD Zones. And, City Council Resolution No.
6199 would not be amended to require CUPs for beauty parlors, barber shops
and figure salons at the Westfield regional shopping mall. Personal service uses
at the mall have not been a source of the type of criminal activity associated with
Personal Service Businesses in other commercial areas.
Although the proposal is to apply the CUP requirement to all Personal Service
Businesses, an alternative is to require a CUP only for those businesses that
make possible the potential for illegal activities to be conducted by preventing
easy observation of the activities being conducted. That is, those businesses
that prevent the entirety of their interiors from being fully visible from the exterior
by covering the storefront and /or having screened /partitioned areas or rooms.
Staff has found that those personal service businesses that do not provide any
type of privacy or private areas have not been the subject of criminal activity.
However, if these types of personal service businesses are to be exempted from
the requirement of a CUP, standards are needed to delineate and ensure full
visibility of the interior of the business. Such standards could be that a minimum
of 80 percent of the storefront be clear glazing and unobstructed by any window
coverings and with minimal window signage, and that there not be any interior
rooms or screened /partitioned areas, except for restrooms and small storage
spaces.
Ord. 2275 — TA 10 -11
Personal Service Businesses
June 15, 2010 — Page 3 of 5
The other consideration in effectuating the additional regulatory measures of
requiring CUPs for personal service businesses is the applicability of the
requirement to existing businesses, which normally are granted legal -
nonconforming status when a new regulation is adopted. Legal- nonconforming
status, however, need not necessarily be allowed. In adopting a new regulation,
it can be made to apply retroactively to existing businesses either immediately, or
after a specified time period, or upon any change in the status of the business,
such as an expansion or change of ownership. Additionally, existing businesses
can be given the option to alter their facilities by a specified time to meet any
criteria established to be exempt from the CUP requirement; for example,
remodeling the storefront and removal of any interior walls or partitions to provide
full visibility of the interior of the business.
It is estimated that there are currently about 100 personal service business
locations in the City of Arcadia. Requiring all of them to get a CUP would be a
significant administrative task, and given that most personal service businesses
provide some type of privacy, even that distinction poses a daunting task. The
method of implementing new regulations, determining its priority, and the
provision of funds to effectuate implementation are City Council policy decisions,
and if the regulations are to be applied in some manner to existing personal
service businesses, that method will have to be included in the ordinance.
PLANNING COMMISSION ACTION
At its regular meeting on May 25, 2010, the Planning Commission considered
Text Amendment No. TA 10 -11, and voted 4 to 1 to recommend approval of the
proposed ordinance. The dissenting Commissioner, while opposed to massage
parlor abuses, voted against this recommendation on the basis that it is overly
broad and burdensome to require all Personal Service Businesses, such as
hairdressers, nail salons, barber shops, etc. to get a Conditional Use Permit, for
which the filing fee is currently $1,200. An excerpt of the Planning Commission
Meeting Minutes is attached.
ENVIRONMENTAL ANALYSIS
The proposed text amendments and ordinance are exempt from the
requirements of the California Environmental Quality Act (CEQA) because there
is no possibility that the amendments to be effectuated by the proposed
ordinance will have a significant effect on the environment. The basis for this
determination is that the amendments to the Arcadia Municipal Code will either
impose greater limitations on development that will thereby serve to reduce
potentially significant adverse environmental impacts, or subject the applicable
land uses to an individual discretionary review, which will then be subject to
CEQA. The text amendments and ordinance are therefore exempt from further
Ord. 2275 — TA 10 -11
Personal Service Businesses
June 15, 2010 — Page 4 of 5
environmental review pursuant to Section 15061(b)(3) of the CEQA guidelines.
A Preliminary Exemption Assessment is attached.
FISCAL IMPACT
The proposed text amendments and ordinance will have no direct fiscal impact.
RECOMMENDATION
The Development Services Department recommends acceptance of the CEQA
exemption determination and approval of Text Amendment No. TA 10 -11 by
introduction of Ordinance No. 2275:
Approved by:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION
AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO
DEFINE AND ADDRESS REGULATIONS FOR PERSONAL
SERVICE BUSINESS USES AND THE REQUIREMENTS FOR
CONDITIONAL USE PERMITS FOR SUCH USES AND
AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS,
TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL
CODE TO REVISE THE DEFINITION OF PERSONAL SERVICE
BUSINESS.
m,csA,0PcA,
Donald Penman, City Manager
Attachments: Ordinance No. 2275
Map of the Central Redevelopment Project Area
Planning Commission Meeting Minutes Excerpt
Preliminary Exemption Assessment
Ord. 2275 — TA 10 -11
Personal Service Businesses
June 15, 2010 — Page 5 of 5