November 21, 2013 Page 7 PUBLIC NOTICES ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF THE HAWTHORNE MUNICIPAL CODE RELATED TO THE REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS and making use of the Guideline at 15305 under the requirements of CEQA WHEREAS, the City of Hawthorne (“City”) has adopted regulations governing massage establishments and massage technicians pursuant to its police powers to protect public health, safety and welfare. Specifically, the City has adopted Title 5 of the Hawthorne Municipal Code (“Code”) that sets forth business regulations that include certain restrictions and licensing requirements for massage establishments and massage technicians, particularly in Chapters 5.58 (Massage Parlors) and 5.60 (Massage Technicians) in Division II of Title 5 of the Code; WHEREAS, in 2008, the Legislature passed SB 731 (Business and Professions Code Section 4600 et. seq.), which created a new entity, the non-profit California Massage Therapy Council (“CAMTC”). The CAMTC is responsible for issuing certificates to massage professionals who meet certain educational and experiential criteria and enforcing regulations by disciplining certified professionals who act unprofessionally; WHEREAS, SB 731 imposed new limitations on the authority of cities to enact or enforce regulations applicable to CAMTC-certified individual and massage establishments employing only those individuals and preempting the application of certain land use, zoning and facility requirements on such massage establishments; WHEREAS, in 2011, the Legislature adopted AB 619, which added some new provisions and clarified some of SB 731’s provisions. Most recently, the Legislature adopted SB 1238, which went into effect January 1, 2013, and also further clarified and amended some regulations in Business and Professions Code Section 4600 et. seq.; WHEREAS, these laws, collectively referred to as “Massage Therapy Law”, allow cities to adopt and enforce certain business licensing and reasonable health and safety requirements for massage establishments and massage practitioners (technicians); WHEREAS, enforcement of existing ordinances that are inconsistent with Massage Therapy Law is prohibited; WHEREAS, the Chapters addressing regulation of massage establishments and massage technicians are, at present, inconsistent with Massage Therapy Law. The City desires to amend the Code so that its provisions are consistent with Massage Therapy Law, as there is a need for regulations pertaining to massage establishments and massage technicians in order to protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS: SECTION 1. The facts set forth in the Recitals are true and correct. SECTION 2. Planning Department Staff determined that the proposed amendments to the Hawthorne Municipal Code contained in this Ordinance constitute a project within the scope of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. However, the project qualifies as a Class 5 Project (Minor Alternations in Land Use Limitations) pursuant to CEQA Guidelines Section 15305 and thus are exempt from environmental review. This exemption is applicable because amendments do not change the land uses allowed on areas of slopes greater than 20% and do not change allowable land uses in a manner that could create a potentially significant impact on the environment and because the proposed changes do not alter density or building massing. The City Council reviewed the Planning Department’s determination of exemption and based on its own independent judgment, concurs in staff’s determination of exemption. SECTION 3. Section 5.18.070 of Chapter 5 (Business Licenses) of Title 5 of the City of Hawthorne Municipal Code is hereby amended to read as follows: 5.18.070 - Professions. Physicians, surgeons, dentists, chiropractors, chiropodists, osteopaths, auditors, income tax agents, engineers, architects, surveyors, optometrists, oculists, veterinarians, attorneys at law, real estate brokers, state certified massage practitioners and therapists, or any person engaged in a profession regulated by state law, and not specifically exempted from the payment of license fees by the Constitution or laws of this state, or by this code, not otherwise in this code provided for, shall pay a license fee based on the schedule set out in Chapter 5.48 of this code. SECTION 4. Chapter 5.58 of Division II of Title 5 of the City of Hawthorne Municipal Code is hereby repealed and replaced in its entirety with the following amendment to the business regulation and license ordinance of the City of Hawthorne: Chapter 5.58 Massage Establishments 5.58.010 Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) “Massage” or “massage therapy” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. For purposes of this Chapter, the terms “massage” and “bodywork” shall have the same meaning. (b) “Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals, engages in, conducts, carries on or permits to be engaged in, conducted or carried on, massages, baths, or health treatments involving massage or baths. (c) “Massage therapist,” “bodyworker,” “bodywork therapist,” or “massage and bodywork therapist” means a person who is certified by the California Massage Therapy Council (CAMTC) under Subdivision (c) of Section 4601 of the California Business and Professions Code, and who administers massage for compensation. (d) “Massage practitioner,” “bodywork practitioner,” or “massage and bodywork practitioner” means a person who is certified by the CAMTC and who administers massage for compensation. (e) “Organization” means the CAMTC created pursuant to Sections 4600-4620- of the California Business and Professions Code. (f) “Owner” means the individual(s) whose name appears on the City of Hawthorne business license. (g) “Operator” means the individual who manages the massage establishment. Evidence of management includes but is not limited to evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. An operator may also be an owner. (h) “Certified” shall mean any valid certificate issued in accordance with Sections 4600 through 4620 of the California Business and Professions Code. (i) “Compensation” shall mean the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value. (j) “Outcall massage” means any massage performed by a massage technician outside of the massage establishment where the massage practitioner or therapist is employed or a massage administered by any person who is not employed by a fixed location massage establishment in the City of Hawthorne. 5.58.020 - Massage Certification Required It shall be unlawful for any person, association, partnership, corporation or other entity to engage in, conduct or carry on, permit to engage in, in or upon any premises within the City of Hawthorne the business of providing massages in exchange for compensation without being currently certified as a massage practitioner or massage therapist by the California Massage Therapy Council in accordance with Sections 4600 through 4620 of the California Business Professions Code. 5.58.030 - Massage Establishment or Services— Business License Required (a) Business License Required. No person, association, corporation, partnership or other entity shall own or operate a massage establishment or provide massage services in or upon any premises within City without first obtaining a business license pursuant to Chapter 5.06. (b) California Massage Therapy Council (CAMTC) Certification Required. No person, association, corporation, partnership or other entity may own or operate a massage establishment in or upon any premises within the City unless all persons providing massage services at or on behalf of the massage establishment have a CAMTC certification. (c) Closure due to Criminal Activity. No person, association, corporation, partnership or other entity may operate a new massage establishment in a location in the City where a massage establishment was closed due to criminal activity. (d) Suspension of Certification. A massage establishment may not allow a person who has had his or her CAMTC certification suspended to provide any massage services for the duration of the suspension period. (e) Revocation of Certification. A massage establishment may not allow a person who has had his or her CAMTC certification revoked to provide any massage services. (f) Criminal Background Check of Non-Certified Owner/Operator. An owner or operator of a massage establishment who owns five percent or more of a massage business or massage establishment and who is not CAMTC certified will be required to submit to a background check when applying for a business license. The background check includes, but is not limited to: ● A criminal background check, including requiring submission of fingerprints for a state and federal criminal background check ● Submission of an application that requires the applicant to give: ▪ The name of applicant and a complete statement regarding any and all true and fictitious names used by the applicant within five years immediately prior to the date of filing the application. ▪ A statement of the applicant’s business, occupation, and employment history for the five (5) years preceding the date of business license application, and the inclusive dates of same. ▪ A statement that the applicant has never been convicted of a crime involving moral turpitude, or a felony, or, if any such crime has been committed by the applicant, a complete statement of the nature of such crime and the place and date of conviction. ▪ The name and address of any massage business or other like establishment owned or operated by any person who is subject to the background check requirement of this subdivision. 5.58.040 - Exemptions. (a) The provisions of this chapter shall not apply to the following classes of individuals or groups while engaged in or performing the duties of their respective professions: (1) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly licensed to practice in the state of California. (2) Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California, provided that at all times such physicians, surgeons, chiropractors, osteopaths and physical therapists are acting in adherence with the provisions of the state law which govern this field. (3) Registered or licensed vocational nurses duly registered by the state of California. (4) Barbershops and beauty parlors, barbers and beauticians but only when engaged in the practice for which they are licensed by the state of California, i.e. massage above the neck and shoulders, hands and arms, and below the knee. (5) Accredited high schools and colleges, and coaches and trainers employed therein while acting within the scope of their employment. (6) Trainers of any amateur, semi-professional or professional athlete or athletic team. (7) Physical Therapist students, and Massage Therapist students earning practical hours for school/education, and who are currently enrolled in a licensed program for Physical Therapy, through a recognized school/education center, can work, under the direct supervision of an exempted professional as defined in this section. Direct supervision means that an exempted professional, as defined in this section, must be present at all times when a student is performing their duties. (b) Exemptions do not apply to independent contractors of the listed exempted professionals. 5.58.050 - Massage Establishment—Facilities. A license shall not be issued pursuant to this chapter unless an inspection reveals that the massage establishment complies with each of the following minimum requirements set forth in this chapter. Every massage establishment shall maintain facilities meeting the following requirements: (a) Signage—subject to applicable provisions of the City’s codes, a recognizable and legible sign shall be posted at the main entrance identifying the business as a massage establishment. (b) Lighting—At least one artificial light of not less than 40 watts shall be provided in each room or enclosure where massage services are performed on patrons and shall be activated at all times while patron is in such room or enclosure. (c) Water—hot and cold running water shall be provided at all times. (d) Linen Storage—separate closed containers or cabinets shall be provided for the storage of clean and soiled linen and shall be plainly marked “clean linen” and “soiled linen.” (e) Toilet Facilities and Washbasins—a minimum of one toilet and one washbasin shall be provided for patrons in every massage establishment. A minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. (f) Separation of sexes—if male and female patrons are to be served simultaneously at the massage establishment, a separate massage room or rooms and separate dressing, bathing and toilet facilities shall be provided and utilized for male and female patrons. Each separate facility or room shall be clearly marked as such. (g) Massage table pads—pads used on massage tables shall be covered in a professional manner with durable, washable plastic or other waterproof material acceptable to Los Angeles County Health Department. (h) Ventilation—Minimum ventilation shall be provided in accordance with the building code. 5.58.060 - Massage Establishment—Operation. Every massage establishment shall comply with the following operating requirements: (a)(1) Certification. Each person employed or acting as a massage therapist or massage practitioner shall have a valid certificate issued by the California Massage Therapy Council (CAMTC), a clearly legible copy of which shall be conspicuously posted in the room or location where massage services will be provided. (2) Reporting of New Employee & Certification. The owner or operator of a massage establishment shall notify the Business License Division in writing of the name and address of each person providing massage services at or on behalf of the massage establishment or employed as an on-site manager within five business days of that person being employed or utilized and shall provide a copy of the individual’s CAMTC certification. (3) Non-certified massage providers unlawful. It is unlawful for the owner, operator, responsible managing employee, manager or certificate holder in charge of or in control of the massage establishment to employ or permit a person to act as a massage therapist or massage practitioner who does not possess a valid massage therapist or massage practitioner certificate issued by the CAMTC. (b) Hours of Operation. Bath and massage operations shall be carried on and the premises shall be open only between the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must nevertheless terminate at 9 p.m. No person, whether certified or not, may provide massage in exchange for compensation after 9:00 p.m. (c) List of Services Provided. A list of services shall be posted in an open, public place on the premises, and shall be described in readily understood language. No owner, operator, responsible managing employee, manager, or certificate holder shall permit, and no massage therapist or massage practitioner shall offer to perform any services other than those posted. (d) Maintaining Certification Records. Any massage establishment shall maintain on its premises evidence for review by local authorities that demonstrates that all persons providing massage services are certified by the CAMTC. (e) Attire. Massage therapists and massage practitioners shall be fully clothed at all times. Clothing shall be of a fully opaque material and provide complete covering from mid-thigh to three inches below the collar bone. (f) Restrictions on Locked Doors. Areas where massages are to be performed shall be separated by a non-lockable door unless there is no staff available to assure security for clients and massage staff who are behind closed doors. Said door shall not be equipped with a “peep hole” or any other device that allows anyone to see into or out of this room when the door is closed. (g) Linens. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one patron. (i) Cleanliness of Premises. Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and compartments, toilet rooms and pools shall be thoroughly cleaned and disinfected as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. (j) Sterilizing Instruments. Instruments utilized in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods. (k) Coverings provided by Establishment. Where a covering is furnished by the massage establishment, it shall not be used by more than one patron until it has first been laundered and disinfected. This requirement shall also apply to outcall massages where a covering is furnished by the massage therapist or massage practitioner. (l) Current List of Employees. The owner or operator of the massage establishment shall keep a complete and current list of the names and residence addresses of all massage therapists, massage practitioners and employees of the massage establishment, and the name and residence addresses of the manager or managing employee purported to be principally in charge of the operation of the massage establishment. This roster shall be kept at the premises and be available for inspection by officials charged with enforcement of this chapter. (m) Records of Services Provided. Every massage establishment shall keep a written record of the date and hour of each treatment administered, the name of the massage therapist or practitioner administering treatment, and the type of treatment administered. Such written record shall be open to inspection by officials charged with enforcement of this chapter. Such records shall be kept on the premises of the massage establishment for a period of two years. (n) No part of the establishment shall be used for residential or sleeping purposes. (o) No alcohol or drugs on premises. No person shall enter, be, or remain in any part of a massage establishment while in the possession of, consuming, or using any alcoholic beverage or drug. Legal over-the-counter drugs and prescription drugs are permitted, provided the individual in possession of the prescription drug is the individual identified on the prescription label. The responsible owner, operator, managing employee, manager or permittee shall not permit any such person to enter or remain on such premises. (p) Reasonable Inspection. Every massage establishment shall be open during hours when massage is being provided for reasonable inspection by any officer of the City of Hawthorne. (q) No massage establishment shall simultaneously operate as a school of massage, or share facilities with a school of massage. (r) Presence of Management. An owner, operator or manager shall be at the massage establishment at all times when massages are being performed. (s) Changes to Business. The owner or operator of a massage establishment shall immediately notify the Business License Division of any intention to rename, change management or convey the business to another. (t) Recording Devices Prohibited. No building or part thereof where massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or rooms used by patrons. 5.58.070 - Prohibited Conduct. (a) Crimes of Moral Turpitude. A massage therapist or massage practitioner shall not violate the provisions of Sections 647(a) and (b) of the California Penal Code, or any other state law involving a crime of moral turpitude, and such practices shall not be allowed or permitted by anyone. (b) Prohibited Exposure. A massage therapist or massage practitioner shall be fully clothed at all times and shall not expose their genitals, pubic area, buttocks, or in the case of female therapists or practitioners, their breasts, and such practices shall not be allowed or permitted by anyone. (c) Consent of Patrons. A massage therapist or massage practitioner shall not massage a patron of one sex within the view of a patron of the opposite sex, and such practices shall not be allowed or permitted by anyone unless all parties expressly consent to the treatment, location, and presence of the opposite sex. 1. This subsection shall not apply if all involved patrons are fully clothed, excluding socks or stockings. 2. No more than one male and one female may consent to be massaged in the same treatment room, and no more than two members of the same sex may consent to be massage in the same treatment room. 3. No person under the age of 18 may consent to a massage in the presence of another unless the other person in the minor’s parent or legal guardian. (d) Prohibited Contact. A massage therapist or massage practitioner shall not massage, fondle, or otherwise have intentional contact with the genitals or anus of any patron, or the breasts of a female patron and such practices shall not be allowed or permitted by anyone. 5.58.080 - Responsibility. The owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business. 5.58.090 – Violation—Penalty. Any person violating this chapter shall be guilty of a MISDEMEANOR, punishable by a fine of one-thousand dollars ($1000) or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. 5.58.100 - Unlawful operation declared nuisance. Any establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance. The City Attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof, in the manner provided by law. The City Attorney shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as shall abate or remove such massage establishment and restrain and enjoin any person from operating, conducting or maintaining a massage establishment contrary to the provisions of this chapter. SECTION 5. Chapter 5.60 of Division II of Title 5 of the City of Hawthorne Municipal Code is hereby repealed in its entirety. SECTION 6. The definition of “Massage” in Section 17.04.10 (Definitions) of Title 17 of the City of Hawthorne Municipal Code is hereby repealed and replaced with the following: “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. SECTION 7. The term “Massage Parlor” of Chapter 17.04.10 Definitions of Title 17 of the City of Hawthorne Municipal Code is hereby deleted and replaced with the term “Massage Establishment.” SECTION 8. Section 17.26.020 Permitted Uses of Chapter 17.26 (C-2 Local Commercial Classification) of Title 17 of the Hawthorne Municipal Code shall be amended by adding the following use in alphabetical order: “Massage establishment” SECTION 9. Section 17.72.050 of Chapter 17.72 (Home Occupations) of Title 17 of the Hawthorne Municipal Code is hereby amended to delete the reference to “massage parlors” and add in its place “massage establishment.” SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a summary of the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, or if there is none, the City Clerk shall cause it to be posted in at least three public places in the City of Hawthorne, California. SECTION 11. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provision of this Ordinance are declared to be severable. SECTION 12. This Ordinance shall supersede any and all inconsistent provisions contained in the Hawthorne Municipal Code and any amendments thereto. PASSED, APPROVED, and ADOPTED this 12th day of November , 2013. DANIEL D. JUAREZ, MAYOR City of Hawthorne, California ATTEST: NORBERT HUBER, CITY CLERK City of Hawthorne, California APPROVED AS TO FORM: RUSSELL I. MIYAHIRA, CITY ATTORNEY City of Hawthorne, California I, Monica Dicrisci, the duly appointed Deputy City Clerk of the City of Hawthorne, California, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 2053 was duly adopted by the City Council of the City of Hawthorne, at their regular meeting of the City Council held November 12, 2013 and that it was adopted by the following vote, to wit: AYES: Councilmembers Reyes English, Michelin, Vargas, Valentine, Mayor Juarez. NOES: None. ABSTAIN: None. ABSENT: None. Deputy City Clerk City of Hawthorne, California Hawthorne Press Tribune Pub. 11/21/13 HH-24044 ORDINANCE NO. 2054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, AMENDING SECTIONS 17.04 AND 17.58 OF THE HAWTHORNE MUNICIPAL CODE RELATED TO THE REGULATION OF HOTELS, MOTELS AND ACCOMPANYING PARKING STANDARDS AND MAKING USE OF THE GUIDELINE AT 15305 UNDER THE REQUIREMENTS OF CEQA WHEREAS, the City of Hawthorne (“City”) has initiated Zone Text Amendment (2013ZA01) affecting regulations governing hotel establishments and accompanying parking requirements; WHEREAS, the Code Chapters addressing hotels and hotel parking regulation are, at present, inconsistent with the City desires to promote economic development, as there is a need for regulations pertaining to the hospitality industry that promote and incentivize uses that would contribute to the City’s economic viability in order to protect the public health, safety and welfare; WHEREAS, the city of Hawthorne must compete with surrounding cities for scarce funding and consumer spending and business investment that influence economic development activities and generate revenue to provide services for Hawthorne residents, such as reinvest in the community, infrastructure, as well as maintain a safe and clean community; WHEREAS, in addition to established and recognized methods of promoting the local economy such as initiating marketing strategies, business promotions, invitations to city and community events, and city-initiated business outreach; creating incentives to attract desired economically viable uses is another; WHEREAS, promoting a community’s unique assets encourages economic investment, the City of Hawthorne’s prime location near freeways and Los Angeles International Airport (LAX) makes Hawthorne an ideal community for the hospitality industry, tourism, nightlife, major businesses and other supportive services; WHEREAS, parking will be based on size and amenities provided rather than number of rooms, in addition, Zone Text Amendment 2013ZA01 makes the parking requirements for hotels flexible whereby incentivizing such use; WHEREAS, the proposed amendment furthers Goal 1.0 of the Land Use Element of the General Plan, as amended, which states that the City shall expand current efforts to attract and enhance commercial development; WHEREAS, the amendment also furthers Circulation Element Policy 1.5 which states that the City shall review and improve existing parking conditions and requirements for all land uses within the City; WHEREAS, the project is not categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the amendment will not have an adverse effect, either individually or cumulatively, on wildlife resources or the habitat upon which wildlife depends, and that on the basis of substantial evidence the presumption of adverse effect is abated. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all of the facts set forth in the recitals of this Ordinance are true and correct. SECTION 2 The City Council determines that the proposed amendments to the Hawthorne Municipal Code constitute a project within the scope of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 5 Project (Minor Alternations in Land Use Limitations) pursuant to CEQA Guidelines Section 15305. The amendments do not change the land uses allowed on areas of slopes greater than 20% and do not change allowable land uses in a manner that could create a potentially significant impact on the environment. The City Council has reviewed the Planning Commission’s determination of exemption and based on its own independent judgment concurs with the commission’s determination of exemption. SECTION 3. The City Council finds and determines that the zoning text amendments set forth in Sections 4 through 6 are consistent with the goals, policies, and standards of the General Plan and will further those goals and policies by ensuring that uses allowed in specific commercial zones are consistent with the purposes and intent of the zone and compatible with other uses in that zone and that development standards specified are appropriate and necessary to ensure that the uses specified do not have a negative impact on the community. SECTION 4. Chapter 17.04, Section 17.04.010, is hereby amended as follows: “Hotel” means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but the term “hotel” shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. an establishment containing guest rooms with access to units primarily from interior lobbies, courts, or halls and providing, for a fee, sleeping accommodations and customary lodging services, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Related ancillary uses may include but shall not be limited to conference and meeting rooms, restaurants, bars, and recreational facilities. “Motel” means a group of attached or detached buildings containing individual sleeping units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, and such word shall include tourist courts, motor courts, automobile court, automobile camp and motor lodges. An establishment shall be considered a motel when it is required by the Health and Safety Code of the state to obtain the name and address of the guests, the make and the license number of the vehicle and the state in which it was issued. A unit in a motel having kitchen facilities shall constitute a dwelling unit and shall be subject to all of the provisions and requirements of this title governing dwelling units for the zone in which the establishment is located, but never less than the requirement of the heaviest multiple residential classification. building or series of buildings in which lodging is offered for compensation, and which is distinguished from a hotel primarily by reason of providing direct independent access to, and adjoining parking for, each room. In addition, an establishment shall be considered a motel when it is required by the Health and Safety Code of the state to obtain the name and address of the guests, the make and the license number of the vehicle and the state in which it was issued. SECTION 5. Chapter 17.58, Section 17.58.030 (B)(11), is hereby amended as follows: Hotels and motels: one space for each sleeping unit or dwelling unit. a. Hotels with Restaurant and/or Conference Space - 1 space for each of the first 100 rooms; ¾ space for each of the next 50 rooms; and ½ space for each room above 150 rooms. b. Hotels with Airport Shuttle – 1 space for each of the first 100 rooms; ¾ space for each of the next 75 rooms; and ½ space for each room above 200 rooms. c. Hotels without Amenities – 1 space per room, lot must be at least 1 acre. SECTION 6. Chapter 17.58, Section 17.58.030 (C)(2)(b), is hereby amended as follows: Motel/hotel: one space for every sleeping room. Motels shall be parked at one space per room when shuttle service is provided. Where shuttle service is not provided, a motel shall provide one and a half parking spaces per room. SECTION 7. The proposed amendment will not have an adverse effect, either individually or cumulatively, on wildlife or the habitat upon which wildlife depends, and on the basis of substantial evidence, the presumption of adverse effect is rebutted. SECTION 8. Based on all the evidence in the record, the City Council finds that the amendment to the Zoning Ordinance does not conflict with the provisions of the City’s adopted 1989 General Plan, as amended. SECTION 9. The documents and other materials that constitute the record of the proceedings upon which the City Council makes its determination, which include, but are not limited to, the staff reports for the project and all of the materials that support the staff reports for the project, are located in the office of the Planning Director of the City of Hawthorne, at 4455 W. 126th Street, Hawthorne, California 90250. The custodian of these documents is the Director of Planning of the City of Hawthorne. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a summary of the same to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, or if there is none, the City Clerk shall cause it to be posted in at least three public places in the City of Hawthorne, California. SECTION 11. If any provision, clause, sentence or paragraph of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are declared to be severable. PASSED, APPROVED, and ADOPTED this 12th day of November, 2013. DANIEL D. JUAREZ, MAYOR City of Hawthorne, California ATTEST: NORBERT HUBER, CITY CLERK City of Hawthorne, California APPROVED AS TO FORM: RUSSELL I. MIYAHIRA, CITY ATTORNEY City of Hawthorne, California I, Monica Dicrisci, the duly appointed Deputy City Clerk of the City of Hawthorne, California, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 2054 was duly adopted by the City Council of the City of Hawthorne, at their regular meeting of the City Council held November 12, 2013 and that it was adopted by the following vote, to wit: AYES: Councilmembers Reyes English, Michelin, Vargas, Valentine, Mayor Juarez. NOES: None. ABSTAIN: None. ABSENT: None. Deputy City Clerk City of Hawthorne, California Hawthorne Press Tribune Pub. 11/21/13 HH-24045 I’ve had a lot of sucess with failure -Thomas Edison protect your PeT this is an opinion of H. Maerker
Lawndale 11_21_13
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