DATE: October 7, 2026
TO: Honorable Mayor and City Councilmembers
FROM: City Attorney's Office
TITLE: INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEANSIDE AMENDING CHAPTER 15, ARTICLE II, OF THE OCEANSIDE CITY CODE TO REMOVE OBSOLETE REFERENCES TO THE COUNTY HEALTH OFFICER AND COUNTY HEALTH REGULATIONS FOR MASSAGE ESTABLISHMENTS
RECOMMENDATION
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Staff recommends that the City Council introduce an ordinance amending Chapter 15, Article II, of the Oceanside City Code to remove two obsolete references tied to the County’s former role in regulating massage facilities: the definition of “Health officer” in Section 15.19 and the reference to the City’s “health regulations” in the license-issuance criteria of Section 15.24.
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BACKGROUND AND ANALYSIS
Massage therapists in California may be certified by the California Massage Therapy Council (CAMTC) under the Massage Therapy Act (Business and Professions Code Section 4600 et seq.). Because CAMTC certification is administered at the state level and has largely replaced local licensing, the San Diego County Department of Environmental Health and Quality (DEHQ) has determined that massage facilities no longer require a County environmental inspection, and the County is transferring its massage regulatory program back to each local jurisdiction.
The County has advised that its massage program ends on November 30, 2026, and it has asked that participating cities update their local ordinances and have the changes adopted by November 2026. To date, the County reports that the Unincorporated County and the Cities of San Diego, Escondido, Chula Vista, and Carlsbad have adopted conforming updates. The County identified one permitted massage site in Oceanside, the Seabird Resort and Spa, for transition notification purposes.
As part of the transition, the County identified two items in Oceanside’s Code that reference the County’s now-ending role and should be removed: the definition of the County “Health officer” in Section 15.19, and the reference to City “health regulations” among the criteria the Chief of Police applies when issuing a massage permit under Section 15.24.
The proposed ordinance makes two conforming, non-substantive edits that align the Code with the County of San Diego’s return of massage program oversight to local jurisdictions. They do not change the City’s licensing structure, its inspection authority, or its enforcement tools.
First, the proposed ordinance removes the definition of “Health officer” in Section 15.19, which defines the term as the Health Officer of the County of San Diego or his or her authorized representative. With the County’s program ending and no County environmental inspection of massage facilities going forward, the term no longer serves any function, and no other provision of Article II will reference the Health Department once this definition is deleted.
Second, it removes the phrase “and health” from the license-issuance criteria in Section 15.24. As currently written, that section directs the Chief of Police to confirm that the proposed operation “would comply with all applicable laws including but not limited to the city’s building, zoning and health regulations.” Because massage establishments will no longer be subject to County health inspection or the associated health requirements, the reference to health regulations is obsolete. The building and zoning compliance criteria are retained, so the City continues to screen for compliance with those requirements at licensing.
Neither edit alters the substance of the City’s massage regulation. The City’s licensing framework, its establishment inspection authority under Section 15.31, its facility standards under Section 15.35, its penalty provision under Section 15.36, and its public-nuisance and injunctive-relief authority under Section 15.37 all remain in place and unchanged.
Massage therapists with CAMTC licenses remain exempt from local license requirements and massage therapists without a CAMTC license remain subject to the local license requirements. However, massage remains a regulated use under the Oceanside Zoning Code. This action amends only Chapter 15, Article II, of the City Code and makes no change to the Zoning Ordinance. The City Council therefore retains its existing discretion over conditional use permit applications for massage establishments irrespective of whether the operator obtains a state or local license.
FISCAL IMPACT
None.
COMMISSION OR COMMITTEE REPORT
Not applicable.
CITY ATTORNEY’S ANALYSIS
The proposed ordinance has been reviewed and approved as to form by the City Attorney.
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Prepared by: Nelson Candelario, Jr., Assistant City Attorney
Reviewed by: T. Steven Burke, Jr., City Attorney
Submitted by: Jonathan Borrego, City Manager
Attachments:
1. Ordinance