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BACKGROUND <br /> Regulations regarding the operations and permitting of massage establishments and <br /> their employees is set forth in Chapter 6.24 of the PMC. Regulations concerning <br /> location criteria related to massage establishments are set forth in Chapters 18.40 and <br /> 18.44 of the PMC. In February 2008, the City Council approved amendments to <br /> Chapter 6.24 concerning the operation and licensing of massage parlors. Additionally, <br /> further amendments to Chapter 6.24 to comply with SB 731 legislation related to <br /> certification of massage establishments were approved by the City Council on <br /> August 18, 2009. It has now become apparent that it is necessary to amend <br /> Chapters 18.40 and 18.44 of the PMC to reference Chapter 6.24. These proposed <br /> language amendments will enable Title 18, Zoning, to maintain consistency with any <br /> amendments made to Chapter 6.24. <br /> Staff recommends that the City Council introduce the attached draft ordinance <br /> amending the Zoning title. <br /> DISCUSSION <br /> As noted on Exhibit A of the recommended ordinance (Attachment 1), the <br /> recommended amendments to Chapters 18.40 and 18.44 include removal of existing <br /> text related to massage regulations and replacing it with a reference to Chapter 6.24 of <br /> the PMC. As a result, regardless of whether a massage application is for a permitted or <br /> conditional use in an Office or Commercial District, it will be subject to the regulations as <br /> set forth in Chapter 6.24. As a result, any future changes to massage regulations will <br /> be incorporated in Chapters 18.40 and 18.44. Massage establishments are referenced <br /> in Title 18, Chapters 18.40 and 18.44, to ensure that the location of a proposed <br /> massage establishment is consistent with the zoning and land use regulations. <br /> In addition, the amendments clarify that massage establishments with three or fewer <br /> massage therapists at any one time is a permitted use while four therapists at any one <br /> time is a conditional use. The amendments do not change the number of massage <br /> technicians permitted at one time without approval of a Conditional Use Permit, but the <br /> requirement has been clarified. <br /> ENVIRONMENTAL ASSESSMENT <br /> Amendments to the Pleasanton Municipal Code are exempt from the California <br /> Environmental Quality Act (CEQA), per Section 15061(b)(3). Therefore, no <br /> environmental documentation accompanies this report. <br /> Submitted Approved <br /> Brian Dolan Nelson Fialho <br /> Director of Community Development City Manager <br /> Attachments: <br /> 1. Draft Ordinance with Exhibit A, Proposed Code Amendments to language for <br /> Chapter 18.40 and Chapter 18.44 of the Pleasanton Municipal Code <br /> 2. Planning Commission staff report, dated July 8, 2009 (without Attachments) <br /> Page 2 of 2 <br />