ORDINANCE NO. 97-1174 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD 'MASSAGE THERAPY BUSINESS' AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES ."

Submitted for adoption and waiver of full reading is Ordinance No. 97-1174 , relating to the above subject.

At the meeting of July 22, 1997, this ordinance was presented to Council for consideration and was introduced by the following vote:

AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

NOES: None

ABSENT: None

ABSTAIN: None

ORDINANCE NO. 97-1174

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD "MASSAGE THERAPY BUSINESS" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES

WHEREAS, the City Council held a public hearing on June 17, 1997 to consider the recommendation of the Planning Commission to add "massage therapy" as a permitted use, subject to a Conditional Use Permit and to consider oral and written testimony and made the following Findings:

A. The current list of permitted uses includes allow massage therapy only in conjunction with and incidental to another use such as a health and fitness center, or medical clinic;

B. Massage Therapy is a commonly accepted alternative to traditional medicine, and as a supplemental treatment, to improve mental and physical health;

C. Making the establishment of a massage therapy business subject to obtaining a Conditional Use Permit, will allow a case by case review of any proposed location or type of establishment to ensure compatibility with surroundings, and consistency with the intent of the commercial zone;

D. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that the modification to the text may have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordain that the Municipal Code, Title 17, Zoning, be amended as follows:

SECTION 1. Amend the land use matrix under Section 17.26.030, Land Use Regulations to add the following in alphabetical order within the matrix:

Use	C-1	C-2	C-3	See Section
"Massage Therapy Business	-	U	U	17.40"

SECTION 2.

1. Eliminate the definition for "Massage Parlor" from the Adult use definition Section 17.04.060.

2. Add the following Definition to Section 17.04.050 in alphabetical order

Massage Therapy Business . An establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060

SECTION 3. Add the following to Chapter 17.40

"17.40.160 Massage Therapy Business

The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

1. A licensed Massage Therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a licensed Massage Therapist.

2. Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit and all regulations as set forth in Chapter 5.74.

3. Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. or other hours as established by the Planning Commission if deemed necessary because of proximity to residential uses.

SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 12th day of August by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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