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HomeMy WebLinkAboutAG RPTS 2010 1130 PC SPC O PapPk r Resolution No. PC-2010-559 PLANNING COMMISSION SPECIAL MEETING AGENDA TUESDAY— NOVEMBER 30, 2010 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moorpark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Special Planning Commission Meeting Agenda November 30, 2010 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain) ii. CUP 2010-04 Lighthouse Church iii. Housing Element Update iv. Rescinding Toll Mazur DA, GPA, ZC v. ZOA 2010-03 Emergency Shelters etc. B. Special Planning Commission Meeting on November 30, 2010, to discuss CUP 2010-08 Clear Vision Tattoo, and ZOA 2010-02 Massage Establishment Regulations. 8. PUBLIC HEARINGS: (next Resolution No. PC-2010-559) A. Consider Conditional Use Permit No. 2010-08, a Conditional Use Permit to Allow a Tattoo, Cosmetic Tattoo, and Body Piercing Establishment within a 960 Square-Foot Vacant Tenant Space, Located at 530 Los Angeles Avenue, Suite #212, in the Moorpark Plaza shopping center, on the Application of Richard Sutherland. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2010- approving Conditional Use Permit No. 2010-08 subject to conditions of approval. (Staff: Freddy Carrillo) B. Consider Resolution Recommending to the City Council Approval of an Ordinance Replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its Entirety; and Amending Section 17.08.010 Application of Definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted Uses in Commercial and Industrial Zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2010- recommending to the City Council approval of an Ordinance replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code. (Staff: Joseph Fiss) Special Planning Commission Meeting Agenda November 30, 2010 Page 3 9. DISCUSSION ITEMS: A. NONE 10. CONSENT CALENDAR: A. NONE 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Special Meeting of the Moorpark Planning Commission to be held on Tuesday, November 30, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 24, 2010, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 24, 2010. 90- X Jf i1Mt (A- Jo ce R. Figueroa, Administrative Assistant ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission i • FROM: David A. Bobardt, Community Development Directory Prepared by Freddy A. Carrillo, Assistant Planner I DATE: November 3, 2010 (Special PC Meeting of 11130/10) SUBJECT: Consider Conditional Use Permit No. 2010-08,a Conditional Use Permit to Allow a Tattoo, Cosmetic Tattoo, and Body Piercing Establishment within a 960 Square-Foot Vacant Tenant Space, Located at 530 Los Angeles Avenue, Suite#212, in the Moorpark Plaza shopping center,on the Application of Richard Sutherland BACKGROUND On October 8, 2010, an application was filed by Richard Sutherland for Conditional Use Permit (CUP) No. 2010-08, to allow a tattoo, cosmetic tattoo, and body piercing establishment within a 960 square-foot vacant tenant space at 530 Los Angeles Avenue, Suite#212, on the second floor, within the Moorpark Plaza shopping center. The applicant is proposing to have five work stations, an office, and one aesthetician room. DISCUSSION Project Setting Existing Site Conditions: The Moorpark Plaza shopping center includes a mix of retail, service, restaurant, and off ce uses. Access to the center is from Los Angeles Avenue and Spring Road. Previous Applications: On January 20, 1986, the City Council approved Resolution No. 86-266, Planned Development Permit No. 966, for construction of a 55,280 square-foot Moorpark Plaza shopping center. Seven subsequent discretionary land use permits have been approved for this shopping center by the City Council and the Community Development Director, as follows: 1 Honorable Planning Commission November 30, 2010 Page 2 ♦ Major Modification to PD No. 966 was approved on September 6, 1989, by the City Council for the construction of the shopping center and a restaurant with bar (Wood Ranch BBQ and Grill, Inc) within this center. ♦ Conditional Use Permit No. 1999-05 was approved on January 5, 2000, by the City Council to allow sale of beer, wine, and distilled spirits for on-site consumption at an existing restaurant (Lab's Mexican Food) within the center. • Administrative Permit No. 2007-12 was approved on December 3, 2007, by the Planning Director to operate a martial arts studio (Moorpark Krav Maga) within two existing suites within this center. • Administrative Permit No. 2008-04 was approved on July 1, 2008, by the Community Development Director to allow massage services (Intrigue Day Spa) within this center. ♦ Permit Adjustment No. 2 to Planned Development Permit No. 966 and Conditional Use Permit No. 99-5 was approved on December 11, 2008, by the Planning Director to install an outside dining area (Lab's Mexican Restaurant) within the center. ♦ Administrative Permit No. 2009-18 was approved on October 27, 2009, by the Community Development Director to operate a gymnasium (Monkey Bar Gym)within two existing suites within the center, (replacing the former Krav Maga business). • Administrative Permit No. 2009-20 was approved on December24,2009, by the Community Development Director to operate a secondhand dealer and office (We Buy Gold) within the center. In addition, Lamppost Pizza Restaurant and 7-Eleven market store were also approved under PD No. 966. Lamppost Pizza was granted a license from the State of California Department of Alcohol and Beverage Control (ABC) to sell beer and wine for on-site consumption, and 7-Eleven was granted a license by ABC to sell beer and wine for off-site consumption. S'.\Community Development\UEV PMTS\C U P20102010-08 Clear Vision Tattoo\4genda Reports\PC Staff Report clot 2 Honorable Planning Commission November 30, 2010 Page 3 GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Commercial Site General Commercial (C-2) Planned Development Shopping Center (CPD) Commercial North General Commercial (C-2) Planned Shopping Center Development _. _ . .. (CPD) South Carlsberg Specific Plan Carlsberg Carlsberg Specific Specific Plan Plan/Residential Carlsberg Specific Plan East Carlsberg Specific Plan Carlsberg Sub-Regional Specific Plan Retail/Commercial/ Business Park Commercial West General Commercial (C-2) Planned Shopping Center Development (CPD) General Plan and Zoning Consistency: The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service uses. Chapter 17.08 Definitions, of the Zoning Ordinance, includes tattoo parlors under the definition of "Personal Services" as an example of a personal service. The "Personal Services" definition also includes barber shops, beauty salons and spas, clothing rental, coin operated laundromats,funeral homes, marriage bureaus, massage services by masseurs/masseuses, personal laundry and dry cleaning establishments, photographic studios and travel agencies. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for a tattoo and body piercing establishment in the Commercial Planned Development(CPD)Zone. This allows for consideration of the compatibility of the proposed land use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary if the use is to be approved. ANALYSIS Staff has identified hours of operation as the primary land use issue for Planning Commission consideration in the review of the tattoo and body piercing establishment Conditional Use Permit application. In addition, recommendations from the Police Chief would address compliance with state and other agency regulations. Resolution No. 86-266 for the Moorpark Plaza Shopping Center did not include hours of operations for the tenants. However, the applicant has proposed hours of operation for the tattoo and body piercing establishment as follows: S\Community Development■DEV PMTSC U P @010@010-00 Clear Vision Tattoo\Agenda Repotlswc Staff Repod.doc 3 Honorable Planning Commission November 30, 2010 Page 4 • Sunday through Thursday: 10:00 a.m. to 8:00 p.m. • Friday and Saturday: 10:00 a.m. to 10:00 p.m. Most retail, service and restaurant tenants in the Moorpark Plaza shopping center currently close by 10:00 p.m., with the exception of the existing Seven-Eleven convenience store that remains open 24 hours a day, seven days a week.To minimize loitering around closed businesses by tattoo and body piercing establishment customers,the hours of operation of the proposed tattoo and body piercing establishment should be consistent with the open hours of existing businesses in the center. Staff has included a special condition of approval limiting the hours of operation to 9:00 a.m. to 10:00 p.m. daily. Staff forwarded the application to the Moorpark Police Chief for review. The Police Chief had the following recommendations: • Tattoo shop must be at least 1,000 feet from any school (other than a college or university) and establishments principally used by minors; • Comply with Penal Code Section 652, which prohibits the body piercing of a juvenile under 18 years of age without a notarized authorization of a parent or legal guardian; • Comply with Penal Code Section 653, which prohibits tattooing or offering to tattoo a juvenile under 18 years of age; • Pursuant to California Health and Safety Code Section 119303: 1. Register tattoo business with the County Environmental Health Department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards. 2. Provide the County Environmental Health Department with the business address at which the applicant performs the tattooing and body piercing activities. 3. Pay a one-time registration fee of $25, to be paid to the County Environmental Health. 4. Pay an annual inspection fee of $105 to the Environmental Health Department. (This does not preclude the County from charging an additional amount if necessary to cover the cost of registration and inspection.) • Allow inspecting officers from the City, and County Health Department to enter and inspect the premises; • Comply with all public health requirements established by State law and County Environmental Health Policy; • Limit the permitted hours of operation from 9:00 am to 10:00 pm; and S\Community DevelopmentlDEV PMTSC U P @010 @010-08 Clear Vision Tattoo Agenda Reports PC Staff Repod doc el Honorable Planning Commission November 30, 2010 Page 5 • Prohibit registered sex offenders from doing tattoos on a client's private areas. The Police Chiefs recommendation of the 1,000-foot separation from schools was based on research of other cities' codes. This proposed tattoo and body piercing establishment is approximately 1,620 feet from the nearest point at Flory Academy of Science and Technology school, which is sufficiently far away to not raise land use compatibility concerns related to the school. The other recommendations from the Police Chief have been included as recommended conditions of approval. In addition, staff discussed the project and proposed conditions with the County Environmental Health Department, which issues permits for tattoo and body piercing artists. County staff was satisfied that the conditions met their concerns. Findings A Conditional Use Permit is required prior to initiation of a tattoo and body piercing land use in the CPD zone. The review of the tattoo and body piercing establishment is a land use matter,where the application is reviewed by the Planning Commission through a public hearing process to determine if the proposed land use is compatible with adjacent land uses. A Conditional Use Permit is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to approving, conditionally approving, or denying an application for a Conditional Use Permit, the Planning Commission shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to justify the decision. In order for a Conditional Use Permit to be approved, the Planning Commission needs to find that: • The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations; • The proposed use is compatible with both existing and permitted land uses in the surrounding area; • The proposed use is compatible with the scale, visual character, and design of surrounding properties; • The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; and • The proposed use would not be detrimental to the public health, safety, convenience, or welfare. After reviewing the proposed Conditional Use Permit application, staff has determined that the tattoo and body piercing use of the existing vacant tenant space as proposed, with the recommended conditions of approval, meets the findings for approval as outlined below: S.'Community Development\DEV PMTS\C U P\2010\2010-08 Clear Vision TattcoAAgenda Reports\PC Staff Report doc 5 Honorable Planning Commission November 30, 2010 Page 6 A. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations, in that the tattoo and body piercing establishment is a service use consistent with the C-2 General Commercial land use designation in the Land Use Element of the General Plan, and is permitted in the Commercial Planned Development (CPD) Zone with the approval of a Conditional Use Permit. In addition, conditions are included to ensure compliance with State and County regulations related to tattoo and body piercing establishments. B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area, in that the tattoo and body piercing establishment will provide additional personal services in the commercial center that already has retail, service, restaurant, and office uses, is conditioned to comply with State and County regulations related to tattoo and body piercing establishments and is similar in size, scope and hours of operation with other personal service establishments within the center. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that there would be no changes to the exterior appearance of the existing commercial center building except for signage in compliance with Chapter 17.40 of the Moorpark Municipal Code and the Center's approved sign program on file at the Community Development Department office as a result of the application. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the hours of operation as proposed and as conditioned are consistent with the hours for existing uses in commercial center. E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the hours of operation are limited to be consistent with other uses in the center, the center was designed and approved to accommodate a variety of retail, service, restaurant, and office uses and conditions are required to ensure compliance with State and County regulations. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: November 2, 2010 Planning Commission Action Deadline: January 1, 2011 City Council Action Deadline: Not applicable S\Community DevelopmenttDEV PNRS■C U P\2010■20ID-O8 Clear Vision Tattoo\Agenda Reports\PC Staff Report doe 6 Honorable Planning Commission November 30, 2010 Page 7 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2010- approving Conditional Use Permit No. 2010-08 subject to conditions of approval. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Moorpark Plaza Shopping Center Layout B. Floor Plan (Clear Vision Tattoo) 4. Draft PC Resolution with Conditions of Approval S Community Development\DEV PMTS\C U Pt3010 @010-08 Clear Vision TattooV\genda Reports PC Staff Report.do° - - -t - -- - , -- - I " - —.-—. ' - . • '1 I , ■ 1 : i / 1 ' j ) -.—i -- ■ , , --1,.r , :. _. ... . ._...___„_. ._..1,___.1 .... _____I r 1 ---1_ --IN,_...._,i. __. -SzralrAue / I !:'''' . .--' F-7-7-1- --F"-. ,•;-- ' 1 I . ,• i 1 /--2-: --- ' • -----i___/.// r , . • : : _ . ,? i "'----•-•- i k_....._t - --I ------11- Su san Ave a, I i I I 171-11711-1TIL__--7THI ,----111 1 ' . 1: L. 1 LL I i ! I ---------f---/ ,it-----,„ :_ i)11 i 1 1_1 J: - -(4 177- -1-... - _. .I / fr- al ,k.,,,--,,-,, 1,,,„4,p:Fr-p_.,pa,„0,.i.0 001 nr—T-- I )1i " id t-i ;Er"Et71H Ed LI'WELP.3Bolis ; i i I I . L . i .e _1, tizi]: i / /1 . 1 I I I _ ______1_ 1---7 ' ;:aJ:gitiNff14NELatlitip0$ 1 /• ---tir , - - --, -- - --.-:- • i i 1 1 rsi 1 1 i ' --1 . i . ' I ! I : . i - - - 4, 7 1 r : 1 i i ( 1 , _Lii_i_j_j 1 r---- I 1 - '& •/ I I/ --j 1-------i,: -7 ' •1 ---'-' . OP t " . 1. ---—SiterMan Ave' 11 -----77-, — - 3 -T-111-771: I .. I 9 - - ) ': . ' Li I i I 1 f_N\J 'r' j. I / ,-,‘ .. _.._ ...*.... ' I / t..... .....i. eS. _ .: 1 ! i i , _ __ ____ __...„, t.... .;.d t -- - ( . 1 t. . .,1----7 L 1.. - _. i I ,, ----1 ', ! _, --, ,.-.,.., 1 ---! • 530 Los Angeles Avenue #212 (Moorpark Plaza Shopping Center) Nortolk. 1---- _1 ) I.Ch : F----1 • t.,..,..,„„, 1 tvt.„- ,- .• ,• „ • _ _, , ....-it- , 71 ,------, . Mir ' ti ..• ...., ., , ,,,,, :_',. • tilit-2, ,\ \ %., ....- --. -'. / -,' fflk '-■T t.: .., l''',.'''• .' .-''Z''''‘\ \ ./. . 1 , d , . , ,- . , ,. ,••• .„ -- *- , V. ,...., , I r. iii ,-. LOCATION MAP T Conditional Use Permit No. 2010-08 NORTH 530 Los Angeles Avenue 5 Suite #212 (second floor suite inside Moorpark Plaza shopping center) ce 530 Los Angeles Avenue #212 _.T-r�• . (Moorpark Plaza Shopping Center)- '400.4,� 'Lit a - + k � , - S.� E1 for --- - -- •' � •a 1sT ... ,I yf#Yt/ +_i • s 6 F:p >f t d s @��r �r '' * ° i "'• I a a i ! 162it'tt-- .+ , 1j }, •- of • - pp II L.,,,-4.. . .. .. t 4 • • lsN�a�tariltra� • 4 �.. . 1 tr . y .:i ! !, '1. ''P'�" _ _ • i a y f I •. , ma, , v::q ti r! �� n . _ +fir r.. k . . , • 1 .4 :,. ,__,.*: # . t;`• f.e,.. - -t 0 ; 1 a a --- 7 �r, 11 ar TKp' tr 4 " ''T.4-11' f . I V L k� - .. _. 1- ,x_• . .,,tl� • + _• i f✓ y + Yr• I 5/ te -, _ . I } ■` , . s ! L Ai4 s T h YV - .•Mil /' ' i — V 4 I 4. ,., . .. • a qi� �C . � fr 'u I �, ` L •Z " 4_ � ¢ i , n ='# v' 1 rs c , ,y � Thu,-.,;tr"X110. 1-.C.z': &T rate Cusnittr s- T LOCATION MAP NORTH Conditional Use Permit No. 2010-08 530 Los Angeles Avenue, Suite #212 (second floor suite inside Moorpark Plaza shopping center) ?So $py Tait o ate° ��L9,�.aC� FE; rl n._- ell_ - h n�ii.n: L .I mil 1•14 _ oar n „— ----_-___J > a L.� { a. a.... ,,...,. n' �i a .— — „fin. L ... ...... ,_..o„ 3. Wnom* a.,,,,,_ ---- a 2 ci® rte i P...∎ ..v i 0 2- 1 Mid :OMIT .. 1 D111 ma 0 111121911 IRE 1 ° ° f1 u o © I F. n i� g° k MOORPARK SHOPPING CENTER ER ER EMEATEITE RESOLUTION NO. PC-2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-08 TO ALLOW A TATTOO, COSMETIC TATTOO, AND BODY PIERCING ESTABLISHMENT AT 530 LOS ANGELES AVENUE, SUITE 212, ON THE APPLICATION OF RICHARD SUTHERLAND WHEREAS, at a duly noticed public hearing on November 30, 2010, at a Special Meeting, the Planning Commission considered Conditional Use Permit (CUP) No. 2010- 08 on the application of Richard Sutherland for a tattoo, cosmetic tattoo, and body piercing establishment at 530 Los Angeles Avenue, Suite 212; and WHEREAS, at its Special Meeting of November 30, 2010, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations, in that the tattoo and body piercing establishment is a service use consistent with the C-2 General Commercial land use designation in the Land Use Element of the General Plan, and is permitted in the Commercial Planned Development (CPD) Zone with the approval of a Conditional Use Permit. In addition, conditions are included to ensure compliance with State and County regulations related to tattoo and body piercing establishments. B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area, in that the tattoo and body piercing establishment will provide additional personal services in the commercial center that already has retail, service, restaurant, and office uses, is conditioned to comply with State and County regulations related to tattoo and body piercing establishments and is similar in size, scope and hours of operation with other personal service establishments within the center. • PC ATTACHMENT 4 12 Resolution No. PC-2010-_ Page 2 C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that there would be no changes to the exterior appearance of the existing commercial center building except for signage in compliance with Chapter 17.40 of the Moorpark Municipal Code and the center's approved sign program on file at the Community Development Department office as a result of the application. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the hours of operation as proposed and as conditioned are consistent with the hours for existing uses in commercial center. E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the hours of operation are limited to be consistent with other uses in the center, the center was designed and approved to accommodate a variety of retail, service, restaurant, and office uses and conditions are required to ensure compliance with State and County regulations. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission hereby approves Conditional Use Permit No. 2010-08 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 3. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 30th day of November, 2010. Bruce A. Hamous, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval \\mor_pn sere Department Share\community DevelopmentDEV PMTS\C U P\2010\2010-08 Clear Vision Tattoo'esolutions'RESOLUTION NO doc 13 Resolution No. PC-2010- Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-08 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. All Conditions of Approval for Planned Development Permit No. 966 are incorporated by reference in this approval and shall continue to apply unless specifically modified by this permit. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2010-08, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 4. Hours of operation allowed by this Conditional Use Permit are limited to between 9:00 a.m. to 10:00 p.m. daily. No body piercing or tattooing work may take place on the premises outside of these hours. The Community Development Director shall have the authority to restrict hours of operation further when in his/her opinion additional limits on hours of operations are necessary to maintain compatibility with adjacent uses. ■\moryn_serv\Department Share■Oommunity Development\DEV PMTS\C U P\2010\2010-OS Clear Vision Tattoo\Res0lutlOns\RESOLUTION NO doc 14 Resolution No. PC-2010- Page 4 5. This permit will be valid for five (5) years from the date of final approval. Upon written request of the applicant at least sixty (60) days prior to the expiration of this permit, the Community Development Director may extend this permit an additional five (5) years if all conditions of approval have been continuously met by the applicant during the 5-year period. 6. The manager of the tattoo and body piercing establishment or his/her designee, shall discourage patrons from loitering in the parking lot and pedestrian areas of the shopping center while waiting for scheduled appointments. 7. A sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 8. Pursuant to California Health and Safety Code Section 119303, the applicant shall, prior to final occupancy, register the business with the County Environmental Health Department, sign an acknowledgment upon receipt of the County standards, and commit to meet the standards, including providing the County Environmental Health Department with all necessary information, registration fees, and annual inspection fees. The applicant shall comply with any applicable amendments to State law with respect to the allowed uses during the term of this permit. 9. City personnel and County Environmental Health Department personnel must be allowed to enter and inspect the premises at any time during business hours for compliance with applicable laws and permits. 10. Pursuant to California Penal Code Section 652, nobody on the premises may conduct or offer body piercing on juveniles under the age of 18 years, unless the body piercing is completed in the presence of, or with notarized authorization of, the juvenile's parents or guardian. 11. Pursuant to California Penal Code Section 653, nobody on the premises may conduct or offer tattooing on juveniles under the age of 18 years. 12. All registered sex offenders are prohibited from completing tattoos on a client's specified anatomical areas as defined in section 17.28.050 of the Moorpark Municipal Code. -end- 'MOr_pri sery\Department Share\Communlry Development\DEV PMTS\C U P@010 @010-08 Clear Vision Tattoo Resolutions■RESOLUTION NO.doc 15 ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development 'rector ( Prepared by Joseph Ass, Principal Planner %, DATE: November 9, 2010 (Special PC Meeting of 11/ /2010) SUBJECT: Consider Resolution Recommending to the City Council Approval of an Ordinance Replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its Entirety; and Amending Section 17.08.010 Application of Definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted Uses in Commercial and Industrial Zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code BACKGROUND/ DISCUSSION On December 5, 2007, the City Council adopted Ordinance 366, amending Title 5 of the Moorpark Municipal Code. Among other changes,this ordinance included comprehensive changes to Chapter 5.48, regulations for massage establishments and massage therapists. On September 27th, 2008, SB 731, a consumer protection bill,was signed into California law. Effective September 1, 2009, SB 731 provides for voluntary statewide certification of massage therapists and restricts local regulation of massage establishments and massage therapists or practitioners that are certified by the California Massage Therapy Council (CAMTC). Local jurisdictions can continue to regulate uncertified massage establishments and massage therapists or practitioners. A fact sheet issued by the CAMTC regarding local authority of massage establishments and therapists or practitioners is attached. Under the provisions of SB 731, the City is limited in its ability to regulate massage establishments with therapists certified by the CAMTC. In addition to reasonable health and safety requirements, the City can adopt land use and zoning requirements for massage establishments provided that the requirements are no different than those uniformly applied to other professional or personal services businesses, and can require up to date proof that all staff providing massages are currently certified by the CAMTC. In order to obtain certification, massage therapists and practitioners must complete a minimum number of hours of education in massage theory, techniques, anatomy, physiology, ethics and other core curriculum. Applicants for state certification also undergo 16 Honorable Planning Commission November 30, 2010 Page 2 criminal background checks including fingerprints. The CAMTC is authorized to investigate the certificate of completion of questionable schools and reject those it determines to be fraudulent, and can also discipline certificate holders through probation, suspension; revocation, or other means it deems proper. On April 21, 2010, the City Council adopted an interim urgency ordinance making findings and establishing a 45-Day moratorium on permitting new massage establishments and, adopted a resolution directing the Planning Commission to study, hold a public hearing, and provide a recommendation on an ordinance amending Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations, and Section 17.20.060, Permitted Uses in Commercial and Industrial Zones, of Title 17 Zoning, of the Moorpark Municipal Code. On May 19, 2010 the City Council adopted an interim ordinance extending the moratorium on new massage establishments by 10 months and 15 days, to April 20, 2011 and issued a report on the measures taken to alleviate the conditions which led the city to enact the moratorium. Staff has drafted a proposed ordinance(attached), and it has been reviewed and approved by the City Attorney. The draft ordinance is attached to the draft Planning Commission resolution in legislative format. The Planning Commission is being asked to review this ordinance because of the land use implications that affect Title 17 (Zoning). The changes and additions to the Municipal Code are as follows(Since the amendments to the code required reordering and renumbering of sections, the new code section numbers are provided): 5.48.010 Purpose: This section describes the purpose and authority of Chapter 5.48, Massage establishments and therapists. 5.48.020 Definitions: The definitions have been expanded and clarified in order to be consistent with SB 731. Clarifies what constitutes a "massage business" or "establishment". This section provides definitions for establishments, sole proprietors, and independent contractors, as well as employees, practitioners, and therapists. 5.48.030 Required MTO certificate and massage business license: This section has been amended to reflect the new requirement for licensing for "massage businesses" and "establishments" and eliminating the permitting requirements for individuals. Establishments, sole proprietors, and independent contractors must obtain a massage business license. Employees providing massage services must be certified by the CAMTC. 5.48.040 Exceptions: The exceptions have been expanded and clarified in order to be consistent with SB 731. Exceptions generally apply to practitioners of other professions where massage techniques may be used as part of those practices, such as medical or cosmetic fields. \\mor pri_sery\Department Share\Community Development\DEV PMTS2 0 A\2010\02-Massage\PC Agenda Report 101130.doc 17 Honorable Planning Commission November 30, 2010 Page 3 5.48.050 Massage business license: This section has been amended to detail licensing processes for "massage businesses" and "establishments". 5.48.060 License Renewal: This section provides the process for renewing, massage business licenses. 5.48.070 Suspension or revocation: This section provides the process for suspending or revoking massage business licenses. 5.48.080 Appeals: This section provides the process for appealing decisions related to revocation, suspension, denial, or approval with conditions of massage business licenses. 5.48.090 Massage facilities and operational regulations: This section provides for the minimum development and operational standards of massage facilities, as permitted by SB 731. 5.48.100 Prohibited conduct: This section describes what conduct is specifically prohibited under a massage business license. 5.48.110 Change of business: This section provides the process for transferring a massage business license to another person or persons. 5.48.120 Inspections: This section describes the rights and responsibilities of regulatory agencies to periodically enter massage establishments for reasonable inspections. 5.48.130 Violations and penalties: This section describes the City's right to enforce violations of Chapter 5.48. 17.08.010 Application of definitions: This section of the zoning code has been amended to reflect current definitions of what constitutes a "Personal service establishment". SB 731 requires that,for land use classification purposes, massage establishments are considered the same as any other personal service establishment. 17.20.060 Permitted uses in commercial and industrial zones: Section A(10), "Massage, therapeutic, when in compliance with Chapter 5.48" has been removed as its own use category with the following sections renumbered. Section A(21) (formerly A(22)) "Retail shops and services" has been changed to read "Retail shops and personal service establishments", and, "massage businesses or establishments in compliance with Chapter 5.48" has been added to Number C(3), consistent with the updated ordinance, definitions, and SB 731. \nor_pri_serv\Department Share\Community Development\DEV PMTS\Z OA 2010 02-Massage\PC Agenda Report 101130.doc 18 Honorable Planning Commission November 30, 2010 Page 4 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Community Development Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2010- recommending to the City Council approval of an Ordinance replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code. ATTACHMENTS: 1. CAMTC Fact Sheet 2. Draft PC Resolution with Draft Ordinance in Legislative Format \Mar.pri serv\Department Share\Community Development\DEV PMTS\?0 A\2010\02-Massage\PC Agenda Report 101130.doc 19 SB 731 FACT SHEET SB 731 MEETS STANDARDS CURRENTLY ESTABLISHED BY CITIES AND COUNTIES AND WILL ALSO BENEFIT CITIES AND COUNTIES: 1. SB 731 Meets Standards Established by Cities and Counties: • Applicants for state certification will undergo criminal background checks including fingerprints. (Section 4601.3(a)). The CAMTC is mandated to request subsequent arrest notification service from the Department of Justice for all applicants for licensure for whom fingerprints are submitted. (Section 4601.3(d)). • The CAMTC will be authorized to investigate the certificate of completion of questionable schools and reject those it determines to be fraudulent. (Section 4601(gxl) and(2)). • The CAMTC will be authorized to discipline certificate holders through probation, suspension,revocation,or other means it deems proper. (Section 4601(a)). • The CAMTC will be required to permanently revoke the certificate of anyone violating subdivision(b)of Section 647 of the Penal Code of any offense described in subdivision (h)of Section 4603. The law requires the CAMTC to immediately suspend the certificate,notify the certificate holder and any business employing the certificate holder of such suspension. Upon notice that the charges have resulted in a conviction,the CAMTC has authority to revoke the certificate.(Section 4602(c)). • The CAMTC will be authorized to deny or revoke certificates for unprofessional conduct,including,but not limited to,denial of licensure,revocation,suspension, restriction,or any other disciplinary action against a certificate holder by another state or territory of the United States,by any other government agency,or by another California health care professional licensing board. A certified copy of the decision,order,or judgment shall be conclusive evidence of these actions. (Section 4603(a)). • The CAMTC may also deny or revoke a certificate for the following: procuring a certificate by fraud,misrepresentation,or mistake;violating or attempting to violate, directly or indirectly,or assisting in or abetting the violation of,or conspiring to violate, any provision or term of this chapter or any rule or bylaw adopted by the organization; conviction of any felony,or conviction of a misdemeanor that is substantially related to the qualifications or duties of a certificate holder,in which event the record of the conviction shall be conclusive evidence of the crime;impersonating an applicant or acting as a proxy for an applicant in any examination referred to under this chapter for the issuance of a certificate;impersonating a certified practitioner or therapist,or permitting or allowing an uncertified person to use a certificate;committing any fraudulent, dishonest,or corrupt act that is substantially related to the qualifications or duties of a certificate holder;committing any act punishable as a sexually related crime. (Section 4603(a)-(h)). PC ATTACHMENT 1 20 • It is an unfair business practice to state that one is certified,registered or licensed by a governmental agency(the CAMTC will be a private not-for-profit with legislative oversight)as a massage therapist or practitioner. (Section 4605). • It is an unfair business practice for any person to hold oneself out or use the title of "certified massage therapist"or "certified massage practitioner"or any other term, such as"licensed," "registered,"or"CMT,"that implies or suggests that the person is certified as a massage therapist or practitioner without meeting the requirements of the law. (Section 4606). IL SB 731 Allows Cities and Counties to Know Who is Practicing in Their Jurisdiction: • SB 731 gives the CAMTC broad authority to share information with local authorities. The CAMTC is authorized to provide to local authorities information concerning a certificate holder,including but not limited to,the current status of the certificate holder, address of the certificate holder(home and work),history of disciplinary actions against the certificate holder(including revocation),and any other information necessary to verify facts relevant to administering a local ordinance(Section 4602.5(a)). • The CAMTC must also accept information provided by local authorities,and has a responsibility to review information rereived and take action warranted by that information. (Section 4602.5(6)). • The CAMTC is required to request subsequent arrest notification service from the Department of Justice for all applicants for licensure. (Section 4601.3(d)). The CAMTC can share this information with local authorities, as stated above. III Important Authority Retained by Cities and Counties under SB 731 • Cities and counties retain authority over any person not certified pursuant to SB 731. (Section 4613(a)). • SB 731 specifies that the superior court in and for the county in which any person acts as a massage practitioner or massage therapist in violation of the provisions of this chapter,may,upon a petition by any person,issue an injunction or other appropriate order restraining the conduct. The proceedings under this paragraph shall be governed by Chapter 3(commencing with Section 525)of Title 7 of Part 2 of the Code of Civil Procedure.(Section 4607). • A city or county may adopt reasonable health and safety requirements with respect to massage establishments or businesses,including,but not limited to: ✓ Cleanliness of rooms ✓ Cleanliness of towels and linens ✓ Reasonable attire and personal hygiene requirements (Section 4612(b)(6)). • A city or county may require an applicant for a business license to operate a massage establishment to fill out an application providing relevant information and make reasonable investigation into the information provided. (Section 4612(bX7)). • Local authorities can deny or restrict a business license if the applicant has provided materially false information(Section 4612(bx7). 21 • The owner/operator of a massage establishment is responsible for the conduct of all employees or independent contractors working on the premises. Local authorities can still suspend,revoke or otherwise restrict the license issued to a massage establishment for violations of SB 731 or local ordinances. (Section 4612(c)). • Local authorities may have and enforce an ordinance that is applicable to massage businesses or establishments that provides duly authorized officials of the city or county the right to conduct reasonable inspections during regular business hours,to ensure compliance with this chapter,the local ordinance,or other applicable fire and health and safety requirements. Such ordinances may require an owner or operator to notify the city or county of any intention to rename,change management,or convey the business to another person. (Section 4612(d)). • Local authorities may require a massage establishment to maintain on its premises for review evidence demonstrating that all persons providing massage services are certified. A local authority may require a business to file copies or provide other evidence of the certificates held by persons providing massage services at the business. Section 4612(bX2XA)-(B). • Cities and counties may adopt land use and zoning requirements applicable to massage establishments provided that the requirements are no different than those uniformly applied to other professional or personal services businesses. (Section 4612(bx(4)). IV. Restrictions on Local Authorities • Local authorities cannot have land use and zoning requirements applicable to massage establishments that are not also applied to other professional or personal service businesses. (Section 4612(6)(4)). • Local building code or physical facility requirements applicable to massage establishments cannot: ✓ Require additional restrooms,showers or other facilities that are not uniformly applicable to other professional or service businesses ✓ Require unlocked doom when there is no staff available to assure security for clients and staff behind closed doors ✓ Require windows that provide a view into massage rooms (Section 4612(6)(5)). • Local authorities cannot adopt ordinances that impose additional qualifications,such as medical examinations,background checks or other criteria,upon anyone certified by the CAMTC. 22 RESOLUTION NO. PC-2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE REPLACING CHAPTER 5.48 MASSAGE ESTABLISHMENTS AND THERAPISTS, OF TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS IN ITS ENTIRETY, AND AMENDING SECTION 17.08.010 APPLICATION OF DEFINITIONS OF CHAPTER 17.08 DEFINITIONS, AND SECTION 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES OF CHAPTER 17.20 USES BY ZONE, OF TITLE 17 ZONING, OF THE MOORPARK MUNICIPAL CODE WHEREAS, at a duly noticed public hearing on November 30, 2010, the Planning Commission considered a draft ordinance replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code; and WHEREAS, at its meeting of November 30, 2010 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project qualifies for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of an ordinance replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code, attached hereto and incorporated herein by reference. PC ATTACHMENT 2 23 Resolution No. PC-2010- Page 2 SECTION 2. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 30th day of November, 2010. Bruce Hamous, Chair David A. Bobardt, Community Development Director Exhibit A— Draft Ordinance (Legislative Format) \\mor prl_seMDepartment Share\Community Development\DEV PMTS\Z 0 A\2010\02-Massage 1PC_Reso 101130.doc 24 EXHIBIT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, REPLACING CHAPTER 5.48 MASSAGE ESTABLISHMENTS AND THERAPISTS, OF TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS IN ITS ENTIRETY, AND AMENDING SECTION 17.08.010 APPLICATION OF DEFINITIONS OF CHAPTER 17.08 DEFINITIONS, AND SECTION 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES OF CHAPTER 17.20 USES BY ZONE, OF TITLE 17 ZONING, OF THE MOORPARK MUNICIPAL CODE WHEREAS, on April 21, 2010, the City Council adopted Resolution No. 2010- 2898, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on an amending Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations, and Chapter 17.08 Definitions, and Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code. WHEREAS, at its meeting of November 30, 2010, the Planning Commission conducted a duly-noticed public hearing on replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and recommended approval of the proposed Moorpark Municipal Code amendments to the City Council; and WHEREAS, at its meeting of XXXXX XX, 2010, the City Council conducted a duly-noticed public hearing on replacing Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; WHEREAS, the City Council concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. 25 Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds the proposed amendments to the Moorpark Municipal Code to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. Chapter 5.48 Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations, of the Moorpark Municipal Code is replaced in its entirety, as shown in Exhibit A. SECTION 3. Section 17.08.010 Application of definitions of Chapter 17.08 Definitions of Title 17 Zoning is amended by removing the definition of "Personal services" and adding the definition of "Personal service establishment", as shown in Exhibit B. SECTION 4. Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter 17.20 Uses by Zone of Title 17 Zoning is amended by replacing Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES in its entirety, as shown in Exhibit C. SECTION 5. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become effective thirty (30) days after its passage and adoption. 25 Ordinance No. Page 3 SECTION 7. 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; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Ventura County Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2010. Janice S. Parvin, Mayor Janice S. Parvin, Mayor Maureen Benson, City Clerk ATTACHMENTS: Exhibit A: Proposed Amended Chapter 5.48 Exhibit B: Proposed Amendment to Section 17.08.010 Exhibit C: Proposed Amendment to Section 17.20.060 77 Ordinance No. Page 4 EXHIBIT A Chapter 5.48 MASSAGE ESTABLISHMENTS AND THERAPISTS 5.48.010 Purpose. 5.48.020 Definitions. 5.48.030 Required MTO certificate and business i license.Perm�...ts`:,aired-. 5.48. 040 Exceptions. 050-Exemptions, 5.48. 050 Massage business license. 6.48. 060 License renewal 090 Pe•^� �.,,,it-renewrene ' 5.48. 070 490 Suspension or revocation. 5.48. 080 410 Appeals. 5.48. 090 Massage facilities and operational regulations. 5.48. 100 340 Prohibited conduct. 5.48. 110 350-Change of business. 5.48. 120 460 Inspections. 5.48. 130 470 Violations and penalties. Note *Prior ordinance hictory: Ord. 6. 5.48.010 Purpose. The purpose of this chapter is to impose reasonable and necessary permit requirements and restrictions to protect the health, safety and welfare of the citizens of the city as authorized, by virtue of the state Constitution and Section 51030 et seq., of the Government Code, to regulate massage establishments by imposing reasonable standards relative to the education and experience of massage facility managers and massage therapists and reasonable conditions on the operation of the massage establishment. e e. ... - •. , er 5.48.020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. -"LGusterner-area m arts ar as open to customers of the octablishment or the general public. 28 Ordinance No. Page 5 "Employee" means any and all persons, other than a massage therapist or manager, who renders any service, with or without compensation, for the owner, manager or agent of either an owner or manager of a massage establishment and who has no physical contact with customers or clients. For purposes of this chapter, the term "employee" shall include independent contractors. "Home occupation massage" means a massage business conducted by a licensed massage therapist from his or her residence accompanied by a required Home Occupation Permit pursuant to Section 17.28.020(B) of the Moorpark Municipal Code. "Manager" means the person(s) designated by the owner of the massage establishment to act as the representative and agent of the owner in managing the day- to-day operations with corresponding liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has the power to direct or hire and dismiss employees, control hours of operation, acts as a receptionist who collects money for the business, keeps the books to track customers and cash transactions, creates policy or rules, or purchase supplies. A manager may also be an owner. "Massage" or "massage therapy" means the application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream lotion, ointment, or other similar preparations for any consideration or compensation. any mcthod of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or simulating the external parts of the human body by any physical or mechanical means, with or without such supplementary aids as rubbing alcohol; "Massage business or establishment" means a business or establishment including a sole proprietor or independent contractor, that offers massage therapy within the city, whether at a fixed place of business or at a location designated by the patron, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. company, joint venture, or combination of individuals,engages in, conducts, carries on, or permits to be engaged in, conducted or carried on, massages, or health treatments value, and does not include a home occupation massage business. 29 Ordinance No. Page 6 "Massage practitioner" means any person who has been certified as a massage practitioner and maintains a current and valid MTO certificate under the Message Therapy Law. "Massage therapist" means any person who has been certified as a massage therapist and maintains a current and valid MTO certificate under the Message Therapy home occupation permit bucincr.,, or outcall massage. "Massage Therapy Law" means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600). "MTO" means the "Massage Therapy Organization" as defined and created under the Massage Therapy Law. Such organization is currently known as the "California Massage Therapy Council." "MTO certificate" means a current and valid certificate issued by the MTO to a massage practitioner or a massage therapist. "Outcall massage therapy" means the performance of massage therapy at a location designated by the patron and not at a fixed location massage business or establishment. consideration by a licensed mareage therapist at a location other than a licensed massage establishment. "Owner" means (1) a sole proprietor of, (2) a general partner of, or (3) each individual person who holds a 20 percent or greater ownership interest in, a massage business or establishment."e • - " "• - -- •• - •. •-- _ ••-. , "Registered school" means an institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy I aches the theory, ethics, practice, profession and work of macsage, which school or 30 Ordinance No. Page 7 and has obtained certification under any similar state certification program, if such Schools. Any school or institution of I arning offering or allowing correspondence therapist not approved by or commensurate with the standards of the California E, 2007) "Specified criminal offense" means (a) Within 5 years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent Jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including but not limited to (1) Chapter 1 of Title 9 of the Penal Code (Sections 261 -269) relating to sexual crimes; (2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to indecent exposure, obscenity and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to prostitution; or (b) any similar offenses under the criminal code or penal of this state or any other states or countries; or (c) having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in (a) or (b) above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal). 5.48.030 Required MTO certificate and massage business Iicense.Rermits requiret A. Massage Businesses and Establishments. 1. No person may engage in, conduct or carry on, or permit to be engaged in conducted or carried on in any location within the city, a massage business or establishment unless all persons providing massage therapy at or on behalf of the massage business or establishment have a MTO certificate. 2. Each massage business or establishment operating within the city must obtain and maintain a massage business license as provided in Section 5.48.050. B. Massage Therapy. No person may engage in, conduct, carry on, or perform massage therapy within the city unless such person has a MTO certificate. 31 Ordinance No. Page 8 It is unlawful for any person to engage in, conduct, or carry on, or to permit to be therapist services or engage in the business of a ma-sage establishment or home the city in the absence of a permit issued pursuant to the provisions of this chapter and a business registration permit issued pursuant to the provisions of Chapter 5.08, unless . .. L 48 0401 Dermi! plis ti.... fees Any person desiring to obtain a permit to operate a ma°sage establishment or of this chapter. A nonrefundable fee set by city council resolution must accompany the submission of ch application. A person licensed as a massage therapist to perform massage services who desires to operate a-•-- .: - - . : • • •• -• - : •• - :: . massage establishment permit. (Ord. 366 § 1 Exh. E, 2007} 5.48.030-040 Exceptions. Exemptions, 32 Ordinance No. Page 9 The requirements of this chapter do not apply to: A. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the state. B. Any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code or any other law of the state. C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, facet scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons. D. State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees. E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the city. F. Registered schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor. •• _•_ t - • . . . . •- . • . . .. - or cla:Pes of individuals: A. Massage establishment permits are not required of the following: 1. Licensed hospitals, nursing homes, and sanitariums; 2_ Recognized schools of ma°cagc; 3. Medical facilities in which massage is performed as a prescribed treatment only on patients of the medical facility; . .: .. . . . . . . . : ••-: : : : : -: . - '•.': -• . : and within the scope of any 5. High schools and colleges with sports programs. B. Massage therapist permits are not required of the following: 33 Ordinance No. Page 10 1. Persons holding a valid certificate or license to practice the h cling arts while ,g activities encompassed by their applicable professional license or 6ertlfi6ate; such professional license; 3. Any licensed or certified person exempted under subsections (1) or (2} pursuant to this chapter unlcc such person is a professional assistant meeting the applicable qualifications of the California Business and Proferjons Code; 4. Students enrolled in and training at a recognized school of massage where the student performs massage in the scope of that training only under the direct 5. A massage instructor certified by the California Department of Consumer massage performed as part of the instructional curriculum for a recognized school of massage; 6. Accredited high school and college sports coaches and sports trainers while acting in the scope of their employment; 7. Trainers of any amateur, semi professional or professional athlete or 8. Individuals giving massage to members of his or her immediate family; 9. Individuals who restrict their manipulation of the soft ti^cues of the human body to the hands, feet or ars and do not hold themselves out to be massage practitioners or therapists or perform massage or massage therapy. (Ord. 366 § 1 Exh. E, 2007) 5.48.080-050 Massage business license. Massage establishment mit application. 34 Ordinance No. Page 11 -- A. License Required. The owner of each massage business or establishment, and any massage practitioner or massage therapist that desires to work as an independent contractor at a fixed location massage business or establishment or who desires to provide outcall massage therapy as an independent contractor, must obtain a business license prior to commencing operation or providing any massage therapy and must thereafter maintain a valid business license. B. License Application. The application for a business license will be made in coniunction with the application for a business registration under Chapter 5.08 of this code. A nonrefundable fee set by city council resolution must accompany the submission of each application. Each applicant for a massage business license must provide the following additional information with the application: 1. Business, occupation or employment history of the owner for the three years immediately preceding the date of the application. 2. The business license history of the owner, including whether such person, in previously operating in this city or another city or state under license, has had such license revoked or suspended, and the reason for such action. 3. Whether the owner has been convicted of or permitted any specified criminal offense. If an owner does not have a MTO certificate, then the owner must provide a Live Scan background check, not more than one-hundred and twenty days old. 4. The names and addresses of each massage practitioner and massage therapist providing massage therapy at or on behalf of the business or establishment and proof that each such practitioner or therapist has a MTO certificate. 5. Such other reasonable identification and information as the director may require in order to discover the truth of the matters required to be set forth in the application. C. Issuance or Denial of License. 35 Ordinance No. Page 12 1. Upon receipt of a complete application, the community development director or his or her designee shall verify the truthfulness of the application to determine whether such license should be approved or denied, and will cause: (a) the inspection of the proposed premises of any fixed location massage business or establishment, and (b) the business license to be issued if all applicable requirements of this chapter and this code are satisfied. 2. If the director finds that any of the applicable requirements of this chapter or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, or that the applicant has provided materially false information, the application will be denied. 3. The decision of the director denying the business license application may be appealed pursuant to the procedures set forth in Section 5.48.110 of this code. D. Findings. The community development director or his or her designee must issue the license as requested, unless he or she makes any of the following findings: 1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or a manager or member if a limited liability company or any person directly engaged or employed in the massage establishment, has: a. Been convicted of a specified criminal offense, b. Committed an act in another Jurisdiction which, if committed in this state, would have been a violation of law and, which, if done by a licensee under this chapter, would be grounds for denial, suspension or revocation of the license, c. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the owner or manager within five (5) years from the date of filing the application, d. Not yet attained eighteen (18) years of age; 2. The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the license application process; the application does not contain all of the information required by Section 5.48.050; 36 Ordinance No. Page 13 3. The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;" 4. If the application is denied for failure to comply with subsection (3) of this section, the applicant may not reapply for a period of one (1) year from the date the application was denied, at the same location. E. Transfer of License Prohibited. Upon the sale or transfer of any interest in a massage business or establishment, the business license will become void. The person acquiring the interest in a massage business or establishment must submit a new business license application and receive approval of such license in accordance with the provisions of this section. F. Notification of Changes in Registered Massage Practitioners and Therapists. Each licensee must submit to the Community Development Department the names and applicable MTO certificate of any new massage practitioners or massage therapists not previously included in the list required under subsection (B)(4) above who are hired or retained to provide massage therapy at or on behalf of the business or establishment prior to such person commencing the provision of any massage therapy services. In addition, any discharge or termination of the services of a massage practitioner or massage therapist must be reported to the Community Development Department within five business days of such event. A. The signature of a qualified individual attesting to the veracity of the fee shall be charged. The person is qualified if he or she is a natural-persons 2. An officer or a director if the owner is a corporation; 3. A participant if the owner is a joint venture; or 37 Ordinance No. Page 14 1. A manager or owner if the owner is a limited liability company. --- 5. The sole proprietor if the owner is a sole proprietorship. B. The type of ownership of the business, i.e., individual, partnership, limited liability-company, corporation or otherwise. 1. If the applicant is a corporation, the name of the corporation must be set and date of incorporation and the names and residence addresses of each of its current officers and directors, and of ach stockholder holding more than five percent (5%) percent of the stock of that corporation. 2- If the applicant is a partnership, the application must set forth the name and residence of ach of the partners, including limited partners. If it is a limited Secretary of State. 3. If the applicant is a limited liability company, the name of the company must be set forth exactly as set forth in the articles of organization, together with the Secretary of State's file number, state of organization, name and address of the agent designation of chief executive officer or businer., manager, and a statement of information filed with the Secretary of State. and residence of ach of the participants, including all of the information required of joint venture. C. If the applicant is a partnership, limited liability company, corporation, or joint venture-, : :_. ---- _ - : :: • -• . .._. •e _ _ _•_ . •_ do business and is in good standing in the state of California. D. The full and precise name under which the massage establishment is to be-sendueted, E. The complete address and all telephone numbers of the massage establishment. F. A description of any other business operated on the same premises, or 38 Ordinance No. Page 15 1. Full complete name, and all aliases and previous names used by the 2. Date and place of birth, California driver's licence or identification card, and resident alien card, if applicable, or proof of authority to work in the United States; of-age;.. �. Height, weight, color of hair and eyes, and gender; 5. Two (2) front faced photographs taken by city staff; 6. The complete massage permit history of the applicant; whether such licence was denied, revoked or suspended; or if a vocational or professional license or 7. All criminal convictions, including pleas of nolo contendere, within the last five (5) y ars, but excluding minor traffic violations, and the date and place of each such department H. Authorization for the city, its agents and employees to seek verification of the information contained in the application. A statement in writing, dated and signed by the applicant, which certifies under penalty of perjury that all information contained in the application is true and oerrest- J. If, during the term of a permit, the permit holder has any change in within ten (10) business days. § 1 Exh. E, 2007) A massage therapist permit is valid far 946a-14—massage, a home—occupation 39 Ordinance No. Page 16 person desiring a massage therapist permit shall file a written application on the following information. A. A statement including: 1. Full complete name, and all aliases used by the applicant, along with 2. Date and place of birth, California driver's licence or identification card, 3. Acceptable written proof that the applicant is at least eighteen (18) y ars of age; 4. Height, weight, color of hair and eyes, and gender; 5. Two (2) front faced photographs taken by city staff; has over had any permit or license i°eued by any agency, board, city, county, or state; the date of issuance of such a permit or licence, whether the permit or license was 7. All criminal convictions, including pleas of nolo contendere, within the last five (5) years, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor; ---�,---A- complete set of fingerprints taken by the city of Moorpark police department B. Authorization for the city, its agents and employees to seek verification of C. A statement in writing, dated and signed by the applicant, which certifies under penalty of perjury that all information--contained-+n the application is true and correct- D. If, during the term of a permit- the pfreit helder has any change in information, the permit holder shall submit changes to the police department in writing within ten (10) business days. 40 Ordinance No. Page 17 E. Each applicant must furnish with an initial application, a diploma or F. The community development director may consider an applicant's study of A. Massage Establishment Permits. Upon receipt of a written application for 1. The applicant, if an individual, or any of the officers or directors of the a. Been convicted of a violation of California Penal Code Sections 266h, provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 280, or when the prosecution accepted a plea of guilty or nob aforemon.onoa offense.. . . -- - --- - - 1_ ' :, I. e �- - - --- -- - - offense in any other jurisdiction that is the equivalent of any of these aforementioned offenses, 41 Ordinance No. Page 18 c. Been engaged in conduct in another jurisdiction that, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter, d. Committed an act in another jurisdiction which, if committed in this state, e. Been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the owner or manager within five (5) years from the-date of filing won 2. The applicant has made a false, misleading or fraudulent statement or omi^„ion of fact to the city in the permit application prose • ; the application does not contain all of the information required by Section 5.18.060; 3. The massage establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards; B. Massage Therapist Permits. Upon receipt of a written application for a permit, the community development director or his or her designee must conduct an investigation in such manner as he or she deems appropriate in order to determine director- or-his or her designee must approve or deny the application at his or.•her discretion within thirty (30) calendar days of the filing of a completed application. The thirty (30) calendar day period may be continued for an additional-thirty (30) calendar designee shall issue such permit as requested, unless he or she makes any of the 1. The applicant has been convicted of any of the following: a. A violation of Penal Code Sections 266 (h), 266 (i), 344, 315, 316, 318, subsections (a) or (b) of Penal Code Section 617 or that the applicant is required to register under the provisions of Penal Code Section 2&0, GE when the prosecution accepted a plea of guilty or nob contendere to a charge of a violation of Californ'a 42 Ordinance No. Page 19 satisfaction of, or as a substitute for, any of the previously listed crimes, b. Any offense in any other state that is the equivalent of any of the above mentioned offenses; 2. The applicant has committed an act, which, if committed in this state 3. The applicant has knowingly made a false, misleading or fraudulent statement or omi^„ion of fact to the city in the permit application prose°.,; 4. If the applicant is denied for failure to comply with subsection (3) of this 5. The applicant is less than eighteen (18) years of age. (Ord. 366 § 1 Exh. E2007) 5.48.0960 Permit-License renewal. Permits Licenses for massage establishments and massage practitioners or massage therapists including massage therapy sole practitioners or independent contractors, shall be renewed on an annual basis provided the permitteelicensee continues to meet the requirements as stated in this chapter. The renewal fee for massage establishments and massage practitioners or massage therapists shall be set by resolution of the city council. The permitteelicensee shall submit an application for permitlicense renewal, which shall update any information that has changed from the original application. Applications for renewal of a permitlicense shall be filed with the community development director or his or her designee at least sixty (60) calendar days before the expiration of the then current permitlicense. Temporary permitlicenses will not be issued for renewals. Any permitteelicensee allowing his or her permitlicense to lapse, or which permitlicense expires during a suspension, shall be required to submit a new application and pay the corresponding original application fees. (Ord. 366 § 1 Exh. E, 2007) 5.48.400-070 Suspension or revocation. A. The community development director or his or her designee may revoke or suspend a massage establishment permitlicense or massage practitioner or massage therapist permitlicense if any of the following are found that the permiffeelicensee: 1. Does not possess the qualifications for the permitlicense as required by this chapter; 43 Ordinance No. Page 20 2. Has been convicted of any violation of the provisions of this chapter or any lesser included offense; 3. Has made a material misrepresentation on the permitlicense application or renewal; has engaged in conduct or operated the massage establishment or as a massage therapist in a manner which violates any of the provisions of this chapter, any conditions of the permitlicense, or any of the laws which would have been grounds for denial of the permitlicense to be unfit to hold a permitlicense. Further, the permitteelicensee shall be responsible for the acts or omissions of its employees and massage therapists that are done in the course and scope of their employment by the permitteelicensee. B. In any proceeding to revoke or suspend a massage practitioner or massage therapist permitlicense as the result of alleged violation of any provision of this section or chapter, it shall not be necessary to prove that the permitteelicensee had personal knowledge of the provisions of this chapter. The standard of proof shall be a preponderance of the evidence. C. A hearing shall be scheduled upon not less than ten (10) calendar days' notice to the permitteelicensee stating the grounds for proposed revocation or suspension. Notice shall be given by personal service or certified mail to the address shown on the last application or renewal. D. Notice of the decision shall be given in the same manner as for the hearing. The decision of the community development director or his or her designee may be appealed by the permitteelicensee to the city manager in accordance with the provisions of Section 5.48.110090. E. Service shall be deemed complete when personal service is made, when the certified letter is delivered, or when the decision is mailed by first class mail. If the permitlicense is suspended or revoked, the permitlicense shall be null and void and surrendered. e e. .__ • , ee F. Effect of License Revocation. No person may apply for a license under this chapter within at least one year from the date of revocation of such license. 5.48.9 40-080 Appeals. A. The permitteelicensee or applicant, not later than thirty (30) calendar days after service of notice of revocation, suspension, denial of application or renewal or approval with conditions, may file an appeal by filing a written statement of such appeal, including the grounds for appeal and the asserted errors in the decision, with the city clerk's office. 44 Ordinance No. Page 21 B. The city manager, or his or her designee, must schedule and hold a hearing within thirty (30) calendar days after the filing of the appeal. Notice of the date, time and place of the hearing must be mailed, postage prepaid, at least ten (10) calendar days prior thereto, to the applicant at the address given in the appeal, or if none is provided, to the address set forth in the permitlicense application. C. The city manager, or his or her designee, must render a written decision and must determine, after consideration of all evidence presented, whether a perrnitlicense should be issued, reinstated, suspended, or revoked. The decision of the city manager, or his or her designee, is final. If the denial or revocation is sustained, the permitteelicensee or applicant shall be ineligible for a permitlicense for one year from the date the denial or revocation becomes final. D. The following rules shall apply to all appeal hearings: 1. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. 2. Technical rules relating to evidence and witnesses shall not apply to hearings provided for herein. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory law that might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent that they now, or are hereafter, permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 366 § 1 Exh. E, 2007) 45 Ordinance No. Page 22 5.48.090 Massage facilities and operational regulations. A. Facility Requirements. Each fixed location massage business or establishment must comply with the following facility requirements: 1. A recognizable and legible sign complying with the requirements of this code posted at the main entrance identifying the location as a massage business or establishment. 2. In addition to the minimum lighting required by the provisions of Title 15 this code, each room or enclosure where massage therapy is to be performed on patrons must be illuminated sufficiently to allow the identification of persons. 3. Closed cabinets must be provided and utilized for the storage of clean linen and towels. Appropriate receptacles must also be provided for the storage of all soiled linen and towels. 4. Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker must be capable of being locked, and a minimum of one toilet and one wash basin must be provided by every massage establishment. Such basin must provide soap or detergent, hot and cold running water, and sanitary towels placed in permanently installed dispensers at all times. 5. Massage table or chair. A massage table or chair must be provided in each massage room and the massage must be performed on this massage table or chair with the exception of "Thai', "Shiatsu" or similar forms of massage therapy, which may be provided on a padded mat on the floor. The massage tables must be positioned so that there is at least three feet from the nearest wall to each side to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table or floor pad, as provided above, and must be covered with durable, washable plastic or other waterproof material. Beds and floor mattresses are not permitted on the premises. B. Operational Requirements. Each fixed location massage business or establishment and any massage business or establishment providing outcall massage therapy, must comply with the following operational requirements, as applicable: 1. General Cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet facilities must be thoroughly cleaned each day the business is in operation. Bathtubs must be thoroughly cleaned after each use. (Not applicable to outcall massage therapy.) 46 Ordinance No. Page 23 2. Towels and Linen. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity. Towels, sheets and linens must not be used by more than one person. Reuse of such linen is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. 3. Patron Garments. Bathrobes, bathing suits or other garments provided for the use of patrons must not be used by more than one person. Reuse of such garments is prohibited unless such garment has first been laundered. 4. Locked Doors. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage business or establishment staff available to assure the security of patrons and massage practitioners or therapists who are behind closed doors. (Not applicable to outcall massage therapy.) 5. Service List and Prices. Each massage therapy service offered, the price of the service, and the minimum length of time such service will be performed must be posted in a conspicuous public location in each massage business or establishment. The services must be described in readily understandable terms, all letters and numbers must be not less than one inch in height, and must be in English and such other languages as may be convenient to communicate such services. No services may be performed and no sums may be charged for such services other than those posted. All arrangements for services to be performed must be made in a room in the massage business or establishment that is not used for massage therapy unless no other room exists in the business or establishment. (Not applicable to outcall massage therapy.) 6. Register of Staff. Every massage business or establishment must maintain a register of all staff, including employees, massage therapy sole practitioners, and independent contractors, conducting business at any massage business or establishment. The register must contain the names of all staff, their home address, age, birth date, gender, height, weight, color of hair, eyes, telephone number, social security number, date of employment or contract, and termination, if any, and the duties of each staff member. All such information must be maintained in the register for a period of two years following such staff member's termination. Such staff register must be available for inspection at the massage business or establishment to representatives of the city during regular business hours. 7. Practitioner and Therapist Attire and Hygiene. To protect patrons from potential health and sanitary hazards, all massage practitioners and therapists must be clean and must perform all services in full, clean outer garments. Clothing must be of non-transparent material and must provide complete covering from mid-thigh to three inches below the collarbone. 47 Ordinance No. Page 24 8. MTO Certificate. All massage practitioners and therapists must have on his or her person or maintain on the premises their MTO certificate identification card. Such identification card must be provided to city officials upon demand. At least one person who has a MTO certificate must be on the premises at all times while the business or establishment is open for business. 9. Patron Attire. The patron's genitals, pubic area, anus and a female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any massage practitioner or therapist is in the massage therapy room or cubicle with the patron. 10. Improper Solicitation or Performance of Services. Except to the extent required, in writing, by a state licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron. No massage practitioner, therapist, or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code. No massage practitioner, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. (This regulation does not preclude the discussion with a patron in the lobby or public area of additional or alternative massage services that are not posted upon completion of the massage.) No massage practitioner or massage therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested. 11. Records of Treatments. Each massage business or establishment must keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage practitioner or therapist administering such treatment. Such records must be available for inspection by city representatives for the purposes of law enforcement and for no other purpose. Identical records must be kept for outcall massage therapy services and, in addition, must describe the address where such services were rendered. The records must be maintained for a period of at least two years. 12. Access. The following persons may be allowed beyond the front lobby located directly inside the front door entrance during hours of operation: (i) massage practitioners and massage therapists; (ii) patrons, who may be accompanied by no more than one family member; and (iii) visitors of massage practitioners and therapists provided that such visitor's access is limited to the designated office of the massage business or establishment. Any other persons found beyond the first interior door leading to the inside of the premises including, but not limited to hallways, massage rooms, reception/business offices or lounge area will be a violation of this chapter. Nothing contained in this subsection prohibits any employee from being present in 48 Ordinance No. Page 25 hallways, reception/business offices or other areas necessary or relating to such person's employment duties, nor prohibits any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such employee or service personnel may be permitted in any massage room or cubicle while a patron is present in such room or space. 13. General Prohibition on Massage Therapy in Personal Residences. No massage practitioner or massage therapist may provide massage therapy in his or her personal residence within the city. 14. Licensee Responsibility. Each owner and holder of a massage business license is responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage business or establishment and while providing any massage therapy on behalf of such business or establishment. requirements: A. Water. Hot and cold running water must be provided at all times. B. Linen Storage. Closed cabinets must be provided and utilized for storage of clean linens, and approved receptacles must be provided-moor th.,o depesit—of soiled C. Toilet Facilities. A minimum of one (1) toilet and one (1) washbasin must be provided for every massage establishment. D. Ma°sage Table. Maxage tables must be covered with a waterproof E. Doors, curtains, screens or walls must separate areas where ma^sage is tome-perform,a F. Structure. Massage establishments -- •- •- _ _ - -, which is located in a zoning district, which permits such use. (Ord. 366 § 1 Exh. E, 2007) Every massage establishment must comply with all of the following applicable operating requirements: 49 Ordinance No. Page 26 - A. Each person employed or acting as a massage therapist must have a employee, manager or permittee in charge of, or in control of the establishment, to gnploy or permit a person to act as a massage therapist, as defined in this chapter, use a name other than the name used on the permit application. B. The owner of a massage establishment must display an original ma^sage therapist employed in the ectabl shment, in an open and conspicuous place on the premises next to their business registration. C. No massage establishment may discriminate or exclude patrons on the basis of race, sex, religion, age, or handicap. D. Massage operations may be open between the hours of seven (7:00) a.m. hours ten (10:00) p.m. and seven (7:00) a.m. The hours of operation must be displayed E. A list of services in readily understood language with applicable prices must be posted in an open, public place on the premises. No owner, responsible managing employee, manager, or permittee shall permit, and no massage therapist shall offer to perform, any services other than those posted. F. Massage establishments must at all times be equipped with an adequate used on more than one (1) patron unless they have first been laundered and disinfected. G. Facility must be thoroughly cleaned and disinfected at all times during al4 hours of operation. H. The owner and the manager of the massage establishment mos' keep _ 50 Ordinance No. Page 27 I. Every person operating a massage establishment and each person doing business as a massage therapist must keep a legible written record of the date and hour of each treatment or service, the name and address of the patron, the name of the therapist administering such treatment or services and a description of the treatment or service- ndoro.a purposes. - -_ - - - - K. Recr rdings. No electrical, mechanical or artificial device shall be used by the owner and/or manager or any employee of the massage establishment for audio written consent of the patron. presence of law enforcement personnel or other governmental officials. M. All exterior doors must remain unlocked during buciners hours in accordance with the Uniform Fire Code. (Ord. 366 § 1 Exh. E, 2007) 5.48. 100 Prohibited conduct. A. An owner, massage practitioner or massage therapist, manager, or any other employee shall not violate the provisions of Sections 647 (a) or 647 (b) of the California Penal Code, or any other state law while providing massage services. B. An owner, massage practitioner or massage therapist, manager, or any other employee must be fully clothed at all times. C. An owner, massage practitioner or massage therapist, manager, or any other employee, shall not massage, fondle, or otherwise have intentional contact or manipulation of the genitals, or the breasts of a female patron, and such practices must not be allowed or permitted by the massage establishment permitteelicensee. D. An owner, massage practitioner or massage therapist, manager, or any other employee shall not give a massage unless the breasts of female patrons are covered and the genitals of all patrons are covered, and such practices must not be allowed or permitted by the massage establishment permitteelicensee. E. A massage practitioner or massage therapist providing outcall massage ccrvicectherapy . . g - -: : :- -: . : - : - shall not provide such services unless carrying a valid massage therapist perrnitlicense upon his or her person. 51 Ordinance No. Page 28 F. Notwithstanding subsections C and D, the breasts of female patrons may be touched and/or massaged in situations where the patron provides prior written consent from a state-licensed medical practitioner and/or a written consent from the patron to undergo massage therapy procedures for conditions such as, adjuvant therapy in post-operative breast cancer care, manual lymph drainage therapy, and sub- mammary myoskeletal dysfunction, or other medical condition. • _ _ _ - - • •• •,_ genitalia—Genitalia of female patrons may be touched and/or massaged in situations where the patron provides prior written consent from a state-licensed medical practitioner to undergo massage therapy procedures for a medical condition. I _. ___ , •. , e! 5.48.160-110 Change of business. A. No massage establishment permitlicense may be sold, transferred or assigned by a permitteelicensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permitlicense and such permitlicense shall thereafter be null and void. A massage establishment pecmitlicense issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a permitlicense, or any stock authorized but not issued at the time of the granting of a pecmitlicense is thereafter issued or sold, transferred or assigned. Notwithstanding the other provisions of this subsection, if the massage establishment is co-owned and one or more of the owners die, the remaining owners can acquire the ownership interest of the deceased owner(s) without effecting a surrender or termination of such permitlicense, and in such case, the permitlicense, upon notification of the community development director, shall be placed in the name of the surviving owner(s). B. No ma°cage therapist permit may be sold, transferred or acsigned by a permittcc, or any operation of law, to any other person or persons. CB. A person(s) purchasing an existing massage establishment business licensed under the ordinance codified in this chapter must complete the licensing process before completing the purchase of the business. To avoid a disruption in business services, it is the responsibility of the purchaser to apply for the permitlicense in a timely manner such that the approval of the permitlicense may be prior to or concurrent with the completion of the business sale. DC. No massage establishment may be operated under any name or allow business to be conducted under any designation or business name not specified in the application. a :. ... • •. , H 5.48.450-120 Inspections. 52 Ordinance No. Page 29 As provided by law, the investigating and enforcing officials of governmental agencies shall have the right to periodically enter the premises during regular business hours for the purpose of making reasonable inspections, to observe and enforce compliance with applicable laws and ordinances; building, fire, electrical, plumbing or health regulations, providing that such inspections do not unreasonably disturb the business or unreasonably interfere with delivery of service to clients. 5.48.1-70-130 Violations and penalties. A. Any person violating any section of this chapter shall be guilty of a misdemeanor. B. Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance. The city attorney may, in addition to, or in-lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal, or enjoinment thereof, in the manner provided by law. The city attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief, as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. fOrd. 53 Ordinance No. Page 30 EXHIBIT B 17.08.010 Application of definitions. The following definition is removed: "Personal services" means enterprises serving individual necessities, such as mss. The following definition is added: "Personal Service Establishment" means an establishment primarily engaged in providing individual services generally related to personal needs such as barber shops beauty salons and spas, personal laundry and dry cleaning establishments, pet grooming, and photography studios. These uses may also include accessory retail sales of products related to the services provided. 54 Ordinance No. Page 31 EXHIBIT C Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES JBlankl = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C-O C-1 CPD C-OT M-1 M-2 I C-2 A. Retail and Service Uses 1. Adult businesses when in _ _ _ _ ZC ZC _ compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off-site _ _ _ consumption when in conjunction with another city-approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one CUP AP* AP* AP* AP* hundred (100) feet of a residentially zoned property a conditional use _permit is required) b. Beer, wine and other alcoholic CUP CUP CUP CUP CUP _ beverages _ I_3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and CUP AP* AP" AP* _ shock sales and installation, tune-ups and other li•ht service and repair 55 Ordinance No. Page 32 Zones C-O C-1 CPD C-OT M-1 M-2 I C-2 (with or without hydraulic lifts) (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) b. Car washes, self-service or CUP CUP automatic with or without automotive services stations c. Engine rebuilding, transmission _ _ _ _ CUP CUP _ repair, steam cleaning, auto body, painting d_Parts and supplies ZC ZC _ ZC ZC e. Rental _ _ AP _ AP _ AP _ f. Sales, with or without service and CUP CUP CUP _ parts q. Service stations with or without _ _ CUP _ _ CUP _ mini-marts and with or without beer and wine sales for off-site consumption 4. Bodypiercinq and/or tattoo _ _ CUP 5. Building supplies (*if within one AP* CUP CUP _ hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Hay and feed sales CUP _ CUP _ 7. Hotels, motels and bed-and- CUP CUP CUP CUP breakfast inns when in compliance with Chapter 5.44 8. Kennels and catteries _ CUP CUP _ 9. Liquor stores (when located no CUP CUP CUP - closer than one thousand (1,000) feet of any other liquor store or public or private school) AR AR AP 1410. Medical marijuana (cannabis and all parts of that plant) dispensaries including any site facility, location, use, cooperative or business which distributes, sells, exchanges, processes, delivers, gives away, or 56 Ordinance No. Page 33 Zones C-O C-1 CPD C-OT M-1 M-2 I C-2 cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians pursuant to Proposition 215, Health and Safety Code Section 11362.5 et seq., or any state requlations adopted in furtherance thereof. 4-211. Nurseries (retail) with or without _ _ AP container grown plants when all equipment and supplies kept in an enclosed area 3312. Nurseries (wholesale and/or _ _ _ _ _ AP retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 3413. Pawnshops when in _ _ PP compliance with Chapter 5.32 1-514. Pest control services (*if within _ _ _ AP* AP' one hundred (100) feet of a residentially zoned property a conditional usepermit is required) 1-615. Private post offices, parcel ZC ZC ZC ZC services, copy centers 4-716. Psychics, fortunetellinq, and CUP spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code 4-817. Recreational vehicle storage _ _ _ _ _ CUP _ yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 4-918. Recycling centers _ _ CUP - _ CUP CUP _ 57 Ordinance No. Page 34 Zones C-O C-1 CPD C-OT M-1 M-2 I C-2 2019. Recycling drop-off bins when ZC ZC ZC ZC ZC ZC _ located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation 2420. Rental and leasing of lame _ AP* AP* - equipment with or without outdoor storage and repair (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 58 Ordinance No. Page 35 Zones C-O C-1 CPC C-OT M-1 M-2 I C-2 2221. Retail shops and services _ ZC ZC ZC personal service establishments except as otherwise indicated in this table, including, but not limited to antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales service, and lessons), newsstands paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 2322. Retail sales combined with _ _ AP* limited distribution and/or warehousing not exceeding forty percent (40%) of gross floor area of the building in which it is located (*if 59 Ordinance No. ' Page 36 Zones CC=O CC=1 CPD C-OT MM=1 M-2 I C-2 within one hundred (100) feet of a residentially zoned property a _conditional use permit is required] 2423. Retail sales in the M-1 and M-2 _ _ AP AP _ zone limited to a maximum of twenty percent (20%) of the gross floor area of the building in which it is located. In an industrial complex the twenty percent (20%) shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) 2524. Retail sales (temporary) in the _ _ _ _ TUP TUP M-1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance. 2625. Thrift stores, secondhand _ _ AP AP shops consignment stores when in compliance with Chapter 5.32 2-726. Tobacco stores, including but _ _ CUP not limited to cigarette, cigar, and smokinqparaphernalia shops B. Eating and drinkingplaces _ 1. Bars with or without entertainment CUP CUP CUP CUP including, but not limited to cocktail lounges cabarets 2. Breweries, micro breweries _ _ CUP CUP CUP CUP wineries/tasting rooms with or without restaurant and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with the restrictions below: a. With or without entertainment and AP* AP* AP* AP* AP* _ with or without on-site consumption of beer ee Ordinance No. Page 37 Zones C-O C-1 CPD C-OT NI-1 M-2 I C-2 and wine and other alcoholic beverages and with or without outdoor seating (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) b. With drive-in or drive-through CUP CUP CUP CUP CUP facilities (sale of alcoholic beverages from the drive- in or drive-through facilities is prohibited) with or without outdoor seating C. Office and Professional Uses 1. Banks and other financial ZC ZC ZC ZC AP AP _ institutions 2. Laboratories: research and AP _ _ _ AP AP _ scientific 3. Professional and administrative ZC ZC ZC ZC ZC ZC _ offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services insurance, investment, massage businesses or establishments in compliance with Chapter 5.48, medical, optical and related health services; planning services, real estate services secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of AP AP AP AP AP AP animals indoors and on-site for medical purposes shall not be considered boarding b. With boarding indoors or outdoors _ CUP _ CUP CUP 61 Ordinance No. Page 38 Zones C-O C-1 CPD C-OT M-1 M-2 I C-2 D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and CUP product fabrication 2. Distribution and transportation CUP CUP facilities 3. Heavy machinery repair, including CUP trucks tractors and buses 62 Ordinance No. Page 39 Zones C-O C-1 CPD C- M-1 M-2 I OT C-2 4. Manufacturing and assembly _ _ - - ZC* ZC* _ including, but not limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within one hundred (100) feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in _ CUP - _ AP* _ conjunction with a city approved use and when all storage is screened by an eight (8) foot high masonry wall architecturally matched to the structure. (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Self-storage or mini-storage _ - - - CUP CUP _ when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing _ _ - - AP AP 63 Ordinance No. Page 40 Zones C-O C-1 CPD C- M-1 M-2 I OT C-2 8. Welding _ AP AP E. Public and Semi-Public Uses 1. Amusement and recreational _ facilities as defined in Chapter 17.08 a. Arcades (video and CUP CUP CUP CUP computer) and cyber cafés b. Health AP* AP* AP* AP* AP* club/gym nasium/fitness center/spa (*if within one hundred (100) feet of a residentially zoned property a conditional use •ermit is required) 2. Care facilities, including adult CUP CUP CUP _ day care facilities, Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, and transitional shelter care facilities as defined in Division 2 of the Health and SafetyQode 3. Clubhouses, social clubs _ _ CUP _ CUP service clubs with or without alcohol 64 Ordinance No. Page 41 Zones C-O C-1 CPD C- M-1 M-2 I OT C-2 4. Communication facilities CUP CUP CUP CUP CUP CUP CUP including wireless in accordance with the requirements of Chapter 17.42 (pre-approved locations require onl an AP) 5. Energy production from CUP CUP renewable resources 6. Governmental uses CUP CUP CUP CUP CUP CUP CUP including, but not limited to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utili facilities 7. Hospitals including urgent AP* _ AP* _ AP* _ AP* care (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 8. Places of religious worship CUP CUP 9. Private education facilities _ _ _ _ _ _ CUP including, but not limited to colleges and universities, elementary, middle and high schools 10. Private training facilities AP* AP* AP* AP* AP* including, but not limited to professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 11. Recreational facilities AP* AP* AP* AP* AP* CUP (private) with/without food services, including but not limited to bicycle and skate parks, golf courses, 65 Ordinance No. Page 42 Zones C-O C-1 CPD C- M-1 M-2 I OT C-2 gymnasiums, fitness, health spas, martial arts, racquetball. yoqa. Bicycles and skate parks shall be in compliance with Chapter 17.28 (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 12. Utility structures (electrical AP AP AP AP AP AP AP boxes, transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as AP listed in Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Motion picture and television TUP TUP TUP TUP TUP TUP TUP production and related activities and structures (activities of a maximum of forty-two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code 66 Ordinance No. Page 43 Zones C-O C-1 CPD C- M-1 M-2 I OT C-2 4. Temporary uses including, TUP TUP TUP TUP TUP TUP TUP but not limited to carnivals, Christmas tree sales, circuses festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than one hundred eighty (180) days require an AP. 67