O27841
City Council Meeting: July 23, 2024 Santa Monica, California
EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2784 (CCS)
(City Council Series)
INTRODUCTION AND ADOPTION OF AN EMERGENCY INTERIM ZONING
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
EXTENDING EMERGENCY INTERIM ZONING ORDINANCE NUMBER 2781 (CCS)
AND AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.31.230 TO
REMOVE THE MINOR USE PERMIT, LOCATION, AND FACILITY REQUIREMENTS
FOR MASSAGE ESTABLISHMENTS FROM THE PERSONAL SERVICE USE
STANDARDS FOR SPECIFIC USES AND ACTIVITIES
WHEREAS, Santa Monica Municipal Code (SMMC) Section 6.104.010 defines a
massage establishment as a business where any individual, firm, association,
partnership, corporation, or combination of individuals, engages in, conducts, carries on,
or permits to be engaged in or conducted, for money or other consideration, massage or
health treatments involving massages; and
WHEREAS, SMMC 6.104.010’s broad definition of massage establishment
includes those businesses that provide massage accessory to their principal use, such
as aromatherapists, beauty salons, health clubs, beach clubs, skin care salons,
acupuncturists, chiropractic offices, and day spas; and
WHEREAS, Section 6.104.020 requires that all massage establishments obtain a
Massage Operator Permit, which is reviewed by the Police Department and issued by the
City’s Finance Department; and
WHEREAS, Section 6.104.090 also details a variety of physical and operating
requirements for all massage establishments and massage technicians to ensure
reasonable health and safety standards; and
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WHEREAS, a massage use is considered a “Personal Services” land use and is
subject to specific use standards contained in SMMC Section 9.31.230; and
WHEREAS, these standards include limiting hours of operation between 7:00 AM
and 10:00 PM, prohibiting massage establishments from being established or located
within 500 feet of another massage establishment, and requiring both a Massage
Operator’s Permit and a Minor Use Permit (MUP); and
WHEREAS, approval of a MUP requires discretionary review by the City’s Zoning
Administrator at a public hearing involving an overall process that can take an average of
3 to 4 months with an application fee of approximately $7,400; and
WHEREAS, recent massage establishment applicants have had their business
licenses denied due to their proximity within 500 feet of other massage establishments,
including those that only offer minor accessory massage services as a part of a different
primary use, such as a fitness center; and
WHEREAS, recent applicants proposing to establish ancillary massage services
within hotels have also been informed that due to the proximity of another massage
establishment with 500 feet, massage services would not be permitted within the hotel
even though such use is a common hotel amenity; and
WHEREAS, the City of Santa Monica has long served as a local, regional, national,
and international destination, attractive for its blend of retail, dining, services, and
entertainment; and
WHEREAS, on March 13, 2020, the City Manager, as the Director of Emergency
Services (“Director of Emergency Services”), proclaimed the existence of a local
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emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the
availability of mutual aid and effectuate the City’s response to the novel coronavirus
(“COVID-19”), and this local emergency was restated on March 14, 2020, through a
revised declaration of local emergency to ensure compliance with all digital signature
requirements (the “Executive Order”)’ and
WHEREAS, on March 16, 2020, the Director of Emergency Services issued a Third
Supplement to the Executive Order, requiring the closure of a wide range of businesses
including bars, nightclubs, on-premises restaurant service, movie theatres, live
performance venues, gyms, fitness centers, spas, hair salons, nail salons, and massage
parlors; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued
Executive Order N-33-20 directing all residents of the State of California to heed directives
issued by the State Health Officer on the same date instructing all Californians to stay
home except as needed to maintain continuity of operations of the federal critical
infrastructure sectors; and
WHEREAS, on March 19, 2020, the Los Angeles County Department of Public
Health issued an enhanced Health Officer Order, the Safer at Home Order for Control of
COVID-19, amending and superseding its earlier March 16, 2020, Order, closing all
nonessential businesses, and limiting gatherings to 9 people or less; and
WHERAS, after March 19, 2020, the Los Angeles Department of Public Health, on
multiple occasions, amended and modified its Health Officer Order, recognizing the
issues posed by community transmission of COVID-19 in Los Angeles County, and, in
response, maintaining public health measures that have, at differing times, included strict
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limitations on public gatherings, required closures of certain businesses, and strict
limitations and protocols for the operations of businesses permitted to remain open; and
WHEREAS, as of March 31, 2023, the local, state, and federal COVID-19
emergency declarations have concluded; and
WHEREAS, although the emergency orders have been lifted, the economic
impacts of the COVID-19 closures of, and limitations on, businesses have been and
continue to be devastating to the local Santa Monica economy; and various locations are
continuing to experience economic uncertainty; and
WHEREAS, as the commercial and economic landscape evolves, the City’s
economic recovery and competitive advantage will depend on its ability to deliver on a
diverse range of unique dining, retail, entertainment, and business uses; and
WHEREAS, the City has an important governmental interest in maintaining a
thriving business community and protecting the health, safety, and economic welfare of
its citizens and businesses; and
WHEREAS, the City’s economic recovery after the COVID-19 pandemic has been
difficult for many segments of the economy, and Santa Monica’s commercial districts are
experiencing vacancy rates that remain higher than prior to the pandemic, especially in
the Downtown area; and
WHEREAS, allowing eligible businesses the flexibility to engage in a variety of
uses will facilitate business recovery and generate increased sales tax revenue for the
City; and
WHEREAS, the Council, staff, and community stakeholders continue to be
concerned about the health and vitality of Santa Monica’s commercial districts; and
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WHEREAS, massage establishments are represented by a variety of different
types of uses with massage services usually offered as an accessory use to a different
primary use such as a hotel, fitness center, day spa, or medical office; and
WHEREAS, a massage use is classified in the Zoning Ordinance as a General
Personal Service use which, along with Physical Training and Tattoo or Body Modification
Parlor uses, are sub-classifications of a Personal Services use; and
WHEREAS, on June 11, 2024, City Council considered and ultimately adopted
Emergency Interim Zoning Ordinance (EIZO) No. 2781, which temporarily removed the
MUP, location, and facility requirements from SMMC Section 9.31.230, Personal Service;
and
WHEREAS, similar to Council’s approval of amendments to the Zoning Ordinance
in 2021 to remove the MUP requirement for Tattoo or Body Modification Parlor uses, the
removal of the MUP requirement for massage establishments will increase flexibility of
these uses and opportunities for economic recovery by removing a public hearing
requirement; and
WHEREAS, removal of the location requirement of a minimum 500 feet between
massage establishments will enable additional personal service uses in Santa Monica
and would not likely result in an over concentration of such uses; and
WHEREAS, the facility requirements are already contained in SMMC Section
6.104.090 and are not necessary in SMMC Section 9.31.230; and
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WHEREAS, the various physical and operational regulations in Chapter 6.104
ensure that massage establishments are well regulated to prevent any illicit activities and
to ensure compliance with applicable health and safety measures; and
WHEREAS, the modifications to the Personal Service use standards support the
City’s role as a visitor destination by encouraging uses that appeal to both locals and
tourists and maintain and increase locally based, independent, small personal service
uses in the City’s commercial districts; and
WHEREAS, the modifications create the opportunity for additional personal
service uses while maintaining appropriate health and safety measures; and
WHEREAS, the amendments support local business retention and promote new
business opportunities in the City, addressing the needs of the business community and
residents, and supporting small businesses by clarifying and simplifying land use
requirements; and
WHEREAS, EIZO No. 2781 is set to expire within 60 days of its adoption on or
about August 10, 2024, and the City Council desires to extend the provisions of the
ordinance until December 31, 2025, in accordance with SMMC 9.46.090(C), to allow
adequate time for staff to evaluate the vitality of the amendments and make
recommendations for permanent changes; and
WHEREAS, the proposed extension would not preclude Council from revisiting the
EIZO prior to its expiration for any amendments to the EIZO or to repeal it at any time;
and
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WHEREAS, the City Council finds and declares that there continues to be a current
and immediate threat to the public health, safety, and general welfare due to the
devastating impact the COVID-19-mandated closures and limitations have had on the
local economy, such that continuing a failure to approve the extension of this EIZO,
continuing to impose the distance and MUP requirements, which are required in order to
comply with the current regulations, would result in a threat to public health, safety, and
welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.31.230 is hereby amended
to read as follows:
§ 9.31.230 Personal Service
The following Personal Services shall be located, developed, and operated in compliance
with the following standards:
A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m.
unless otherwise specified.
B. Massage Establishments. Massage establishments, including massage
establishments conducted as Accessory Uses, are subject to the requirements listed
above, Municipal Code Chapter 6.104, Massage Regulations, and the following
standards.
1. Permits Required. A Minor Use Permit pursuant to Chapter 9.41, Minor Use
Permits & Conditional Use Permits, and a Massage Service Permit pursuant to
Chapter 6.104 of the Municipal Code isare required.
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2. Location. No such business shall be established or located within 500 feet from
any other Massage Establishment.
3. Facility Requirements. Every massage establishment shall maintain facilities
meeting the following requirements:
a. Minimum lighting shall be provided in accordance with the National
Electrical Code, and, in addition, at least one artificial light of not less than
forty watts shall be provided in each room or enclosure where massage
services are performed on patrons.
b. Minimum ventilation shall be provided in accordance with the Uniform
Building Code.
c. Hot and cold running water shall be provided at all times.
d. Closed cabinets shall be provided for storage of clean linens.
e. Adequate dressing, locker, and toilet facilities shall be provided for
patrons.
f. A minimum of one wash basin for employees shall be provided at all
times. The basin shall be located within or as closed as practicable to the
area devoted to performing of massage services. Sanitary towels shall also
be provided at each basin.
2.4. Accessory Uses. A massage establishment which functions as an accessory
use shall also comply with all requirements for the primary use.
C. Tattoo or Body Modification Parlor.
1. Purpose and Intent. It is the purpose and intent of this Section to regulate the
operation of facilities that perform tattooing and body modification to provide for
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the health, safety and welfare of the public and ensure compliance with
California Health and Safety Code Section 119300 et seq.
2. Registration Required. Any person who is engaged in the business of tattooing
or body modification shall provide evidence of registration with the Los Angeles
County Department of Health and City code.
3. No Persons Under 18. A sign shall be posted on the door or in view of the
entrance stating that no person under the age of 18 is allowed on site, unless
accompanied by their parent or legal guardian.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign, and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption and shall be of no further force and effect as
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of December 31, 2025, unless it is otherwise extended pursuant to Santa Monica
Municipal Code Section 9.46.090(C).
//
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 23rd day of July, 2024.
_____________________________
Phil Brock, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Nikima S. Newsome, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2784 (CCS) had its introduction and
adoption at the Santa Monica City Council meeting held on July 23, 2024, by the
following vote:
AYES: Councilmembers de la Torre, Torosis, Davis, Parra, Zwick,
Mayor Brock
NOES: None
ABSENT: Mayor Pro Tem Negrete
Ayes:
ATTEST:
_____________________________________ _________________
Nikima S. Newsome, City Clerk Date
A summary of Ordinance No. 2784 (CCS) was duly published pursuant to California
Government Code Section 40806.
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7/24/2024