MASSAGE MORATORIUM
PRESENTATION ON ZONING OPTIONS RESEARCH
CITY COUNCIL HEARING – SEPTEMBER 21, 2015
BACKGROUND
• Moratorium enacted January 5, 2015 for 45 days.
• Extended on February 17, 2015 until December 2015
• Council directed the staff to:
• a) Review the State law to determine the potential
allowances and limits for local regulation;
• b) Study potential zoning tools; and
• c) Research zoning considered in other California cities.
• d) Return before December 2015 if able to complete
research
BACKGROUND
• Since February 2015, staff researched potential
zoning options and what selected other CA
communities are doing in terms of zoning.
• Purpose of this meeting:
• Present Council the results of staff’s initial research.
• Inform Council of staff’s intent to return on October 5th
meeting to recommend termination of the moratorium.
COMPARISON OF CITIES
• Reviewed 5 other cities (San Gabriel, Palo Alto, San
Mateo, Redwood City & Huntington Beach).
• Comparison Cities selected:
• Known to have recently updated their regulations and
seriously considered zoning options.
• Similar demographics to San Rafael.
COMPARISON OF CITIES
• Findings
• Very few communities have modified their Zoning
Ordinances due to impact to legitimate operations.
• Most communities that considered it, concluded that
zoning is a means to address land use compatibility, not
specific business practices or operators.
• Most enforcement programs are starting to work well with
renewed attention and enforcement practices.
COMPARISON OF CITIES
• San Gabriel is notable since they adopted Use
Permit requirement
• Adopted a Use Permit requirement in March 2015.
• Use Permit requirement discouraged all massage uses,
legitimate as well as those performing illegal activities
• Considered spacing requirements, but too difficult to
implement/impacts to legitimate establishments
COMPARISON OF CITIES
• Conclusions
• Zoning does not provide a better tool than enforcement of
Massage Ordinance to regulate whether a business
conduct illegal activities.
• Zoning meant to regulate land use, not specific business
practices.
• Zoning tools would add burdensome process with sideeffect of discouraging all massage uses.
• Workload impacts to Planning with additional Use Permits.
CONSIDERATION OF
ZONING OPTIONS
• Studied 6 zoning options for San Rafael
1.
2.
3.
4.
Status Quo
Require Use Permit
Spacing/Separation requirements
Modify Zoning district land use tables to limit or
prohibit massage establishments in certain districts
5. Consider exemption from zoning for Sole Providers
6. Combination of options above
CONSIDERATION OF
ZONING OPTIONS
• Option #1 - Status Quo
• Advantages
• Would continue the current zoning schemes.
• Proven that enforcement are effective in addressing
massage establishments that undertake illicit activities.
• Disadvantages
• May not completely address neighborhood or business
concerns and there still remains a potential for
proliferation.
CONSIDERATION OF
ZONING OPTIONS
• Option #2 - Require Use Permit
• Advantages
• Allows for review of spacing and concentration
• Allow for additional regulation and oversight.
• Disadvantages
• Additional regulation and oversight would be geared
towards land use matters and would not address the illicit
activities.
• Place significant burdens of cost and time for all massage
establishments.
• Additional staff workload/impact other Planning Division
duties
CONSIDERATION OF
ZONING OPTIONS
• Option #3 – Spacing/Separation Requirements
• Advantages
• Spacing requirements could be imposed to require
separation between uses.
• Reduce the number of establishments within close
proximity
• Disadvantages
• Difficult to implement
• Difficult to deal with multi tenant buildings
• High level of opposition from legitimate operators
• Additional staff workload to maintain data and review
separation
CONSIDERATION OF
ZONING OPTIONS
• Option #4 - Modify land use tables to limit
or prohibit in certain zoning districts
• Advantages
• Reduce areas City where which new massage could
operate
• Disadvantages
• Would concentrate into certain areas of city,
• Would place them in less visible areas
• Would not distinguish between legitimate or illicit
• Some staffing implications to prepare amendments
CONSIDERATION OF
ZONING OPTIONS
• Option #5 - Consider exemption for Sole Providers
• Advantages
• Simplify process and requirements for sole providers
• This can be a layer added to any option
• Disadvantages
• Could lead to more businesses forming as sole providers.
• May face opposition from non-sole providers
CONSIDERATION OF
ZONING OPTIONS
• Option #6 - Combination of options above
• Advantages
• Provide more local control in certain areas
• Could revoke Use Permit is issues arise
• Disadvantages
• Additional processing time and cost for operators
• Use Permit requirements would evaluate land use
matters, not bad business operations /people.
• Duplicative process
• Impact Planning Division staff to process Use Permits
RECOMMENDATION
• Moratorium was good opportunity to evaluate what
tools may be available to better address issues
• Research shown that Zoning tools do not provide a clear
way to better address the issue.
• Issues we face are not land use, but bad business practices
or operators.
• Staff recommended solution is to not seek Zoning
amendments, but continue enforcement of current
Massage Ordinance to regulate business practices.
COUNCIL OPTIONS
• Plan is to return on October 5th meeting with
Urgency Ordinance to terminate Moratorium.
• Aside from staff recommendation, Council has
other options:
1. Direct staff to return to the Council prior to the current
expiration date (December 31, 2015) with additional
information, research or analysis
2. Direct staff to return with a revised Ordinance extending
the temporary moratorium for 1-additional year past the
current expiration date of December 31, 2015.
QUESTIONS
STATUS OF ON-GOING
ENFORCEMENT PROGRAM
• Implementation of City’s Massage Ordinance and
enforcement was re-initiated in summer 2013.
• Responsibility moved from Police Dept to Community
Development.
• Hired contractor to run program under Interim Code
Enforcement manger direction.
• Program set up from summer to winter 2013
• Registration and inspection started winter 2013 to current
STATUS OF ON-GOING
ENFORCEMENT PROGRAM
• Results to Date
• Performed 978 inspections
• Observed 618 violations
• Issued 218 citations in the amount of $134,564 ($127,094 of
which has been collected).
• Revoked certificate/closed 3 establishments
• Obtained one suspension of a massage establishment
• City action and enforcement has resulted in the closure of a
total of 14 massage establishments (including the 3
revocations).