HomeMy WebLinkAboutORD 3095ORDINANCE NO. 3095
ORDINANCE OF THE COUNCIL OF THE
CITY OF PALO ALTO AMENDING SUBSECTION
4.54.110(17) OF 'l1HE PAI,O ALTO MUNICIP.1\L
CCDE TO EXTEND THE AMORTIZATION PERIOD
FOR MASSAGE ES'I'ABL.TSHMENTS
ORIGINAL
The Council of the City of Palo Alto does hereby ORDAIN as
foll<::>WS:
SECTION 1. Subsection (17) of Section 4.54.110 of the Palo Alto
NunicTPal Code is hereby aMended to read as follows:
"4.54ul10 Massage Establishment facilities and operations
requircm(-~nts ,
(17) No mas sase est.abl ishment shall be a.llm .. ·ed in the
following locations:
(a) \·ii thin t.\,'0 hundrE~d fifty feet of the exterior prop·
erty limits of any public or private elementary school, junior
high school or high school;
{b) t-H thin t)·iO hundren fifty feet of the exterior limits
of any district where residant1al use is the principal per
mitted use, including all R-districts, and o-s zones, and any
P-C or P-F districts-where the principal use permitted or main
tained is residential; or
(c) Within twelve hundred feet of the exterior pro~erty
limits of any other pr.emises la.wfull.y occupied by a massage
establishment o.r by any establL<.J:hment subject to the provlsions
of Chapter 4.55~ For the purpose of determining compliance
with standard (c), as to, between and with respect to estab
lishments lawfully in operation on the effective date of this
section, prior1.ty between such existing establishments shall be
assigned iD accordance with the dates upon which said estab-
l. :i shm~mts com.'llt:mced such lawf1.1l operations. In the event any
dispute arises regarding said dates, th~ applicant shall have
the obligation to establish the date on which he commenced law
ful operation.
All massage establishments lawfully in operation on the
effective ~ate of this section shall, within sixty days of eaid
date apply to the chief of police for a determination as to
compliance with the provisions of this section~ Said applica
tion shall be in such form as prescribed by the chief o'f pol.ice o
Any massage establishment legally existing on the effective
date of this subsection and which is no~ in compliance with the
provisions of this subsection shall comply with said provisions
within eight years of the effective date of this subsection;
provided, however, that any such establishment •.-~hich intends to
in any way transfer ownership or alt.er or change the nature of
any such r.l.assage establishment on or after t:he effective date
of this subsection shall comply with the p£ovisions of this sub
~ection prior to such transfer, altera~ion or changeo Any such
use which at the expiration of said pet.·iod is not in compliance
with the provisions of this subsection shall at that time dis
continue and abate it operation.
Any massage establ~shment lawfully in operation upon the
effective date of this subsection failing to comply with the
provisions of this subsection shall be issued a limited term
license in lieu of its current license, containing a state
ment on its face reciting such noncompliance and the date by
which compliance must be accomplished~ and that said license
shall not be renewed beyond said date~
All distances referred to in this subsection shall be
measured between the closest points on the exterior. property
lines or area boundarie,s of the parcel~ or areas involved,
except that when a massage establishment subject to the pro
vision of this section occupies one unit of a multi-unit
structure located on a single parcel. distances shall be
rneasured from the exterior bounda1:-ies of the unit so occupied."
SECTION 2. The Council hereby finds that adoption of this
ordinance does not constitute a project for the purposes of the
California Env.ironmental Quality Act.
SECTION 3. This ordinance shall become effective upon the com~
mencement of the thirty-first d;:~.y following the date <;f its passage,
INTRODUCl-~D: October JO, 1978
PASSED:
~~YES: Brenner, Carey, Clay, Eyerly. fazzinor Fletcher, Henderson,
Sher, Witherspoon
NOE5~ None
ABSENT: None
ABSTENTIONS: None
APkOVED:
ll...::tyor
APPROVED:
APPROVED~
~~ ~(C t Direcoi' of Plannn9 ana I
Con~unity Enviror~ent
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