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Public Comments Massage Urgency Ordinance Provided by Upuia Ahkiong on July 30, 2018 for distribution to City Council C7Y �y Agenda Item No: 5.a `rte/ Meeting Date: October 5,2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT ---_fir Department: Community Development Prepared by:Raffi Boloyan,Planning Manager City Manager Approval: . r TOPIC: Consideration of the Temporary Moratorium on Massage Establishments and whether to Terminate the Moratorium. SUBJECT: Adoption of an Urgency Ordinance terminating the temporary Moratorium on the establishment and operation of new massage establishments within the City of San Rafael. EXECUTIVE SUMMARY: Since the temporary Moratorium on massage establishments was enacted in January 2015, staff has researched other communities as well as researched potential zoning options to address the proliferation of massage establishments (especially illicit ones). Based on the research, staff recommends that zoning changes would not be an effective tool to significantly address the issue.The issue with massage is related to people who own, work and run a business, not the land use itself. In this case, zoning is not the best tool to regulate those issues. Zoning is meant to regulate land uses, not people or business operations. Zoning is meant to address land use impacts(i.e.light,noise,hours of operation, traffic, parking, land use compatibility).The issue with regulating massage uses is that if you place two massage establishments, a legitimate one next to one that performs illegal activities, zoning would consider them the same. The issues are how the operators run their business and whether they follow sound business practices. Continued implementation and enforcement of the regulations governing massage establishments in San Rafael Municipal Code Chapter 10.90 ("the Massae a Ordinance") is a more effective tool to continue to regulate these businesses and ensure that businesses are operating in a legal and safe manner, consistent with all local and state laws. The City's enforcement efforts for the past 2 years has proven that implementation of the Massage Ordinance,which includes registration, regular inspections and enforcement has addressed many of the issues expressed by the Council, the public and the legitimate massage establishments. In conclusion, staff recommends that based on the study of zoning options, zoning is not an appropriate tool for the city to use for this specific matter and therefore, recommends that the temporary moratorium be terminated. E Mag FOR CITY CLERK ONLY JUL 30 two File No.: CITY OF PLEASANTON PLANNING DIVISION Council Meeting: Disposition: 1 THE CITY OF pLEASANTON 15