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Council hears proposal to tighten rules for massage establishments; staff proposes 1,000‑foot buffer
Summary
Staff presented a zone text amendment to increase separation and jurisdictional buffers for massage establishments from sensitive uses; council and city attorney discussed state preemption, potential litigation risk and how many parcels would remain available under different buffer scenarios.
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City staff presented Ordinance No. 12‑92 on June 16 proposing changes to the municipal code that would require conditional use permits for massage establishments and set a 1,000‑foot buffer from sensitive uses (schools, day cares, religious institutions, parks, residential zones) plus a 350‑foot jurisdictional buffer from the city boundary.
The community development director said the change would reduce potentially available parcels from roughly 1,975 to about 105 under the initial proposal and that in some maps a 1,000‑foot jurisdictional buffer could further reduce the count to four potential pockets. "The modification will limit areas where new massage uses could apply and keep them concentrated in western industrial/commercial pockets," the director said, while noting that any future applicant would still undergo a conditional‑use review, public noticing and CEQA screening.
The city attorney cautioned that state law protects certified massage therapists and that an outright ban would not be legal, but added cities can adopt robust CUP requirements for health and safety. Several councilmembers asked staff to model the effect of a 1,000‑foot jurisdictional buffer and to return with a map showing parcels that would remain available under that scenario; one councilmember raised concerns that limiting opportunity to four parcels could invite a legal challenge for "spot zoning." The council did not take a final vote on the ordinance at this meeting; staff said it would return with additional data.
Why this matters: The proposed amendment responds to concerns about illicit massage operations but must balance enforceability, state preemption and litigation risk.
What's next: Staff agreed to provide a more detailed map and parcel analysis and to return with suggested CUP findings and enforcement measures.
