CC - Item 2A - Ordinance 837 extending ordinance 830 which imposed a moratorium on the issuance of any permits or entitlements for businesses offering massage servicesTO: HONORABLE MAYOR
AND MEMBERS
ROSEMECITY COUNCIL
FROM: BILL CRO~TY MANAGER
DATE: OCTOBER 5, 2004
SUBJECT: ORDINANCE NO. 837- AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 830 WHICH
IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS
OR ENTITLEMENTS FOR BUSINESSES OFFERING MASSAGE
SERVICES
BACKGROUND
On October 28, 2003 the City Council adopted Ordinance No. 829 which imposed a 45-day
moratorium on the issuance of any permits or entitlements authorizing the establishment of any
new businesses offering massage services. Ordinance No. 829 was adopted as an urgency
ordinance and was put in place for 45 days. Prior to the expiration of the 45-day period, the City
Council adopted Ordinance No. 830 (November 25, 2003). Ordinance 830 extended the
moratorium for an additional 10 months and 15 days. This extension expires on October 28,
2004. Staff is recommending that the City Council extend this moratorium for an additional
twelve months to allow staff additional time to research issues related to the appropriateness of
zoning regulations for massage services.
Planning Department staff requires additional time to research other jurisdictions regulations and
prepare a municipal code amendment to address the concerns related to massage service
businesses.
Staff finds that the extension of Ordinance 830 will serve to allow additional time to analyze the
conditions and impacts of massage related businesses within the City and implement appropriate
zoning regulations to address the concerns of the City.
COUNCL} Y n ;s~fv
OOT 12 200
ITEM NV _z__r
Ordinance No. 837
Page 1 of 2
RECOMMENDATION
Staff recommends that the City Council ADOPT Ordinance No. 837.
EXHIBITS:
A. Ordinance No.837
B. Ordinance No. 830
C. Ordinance No. 829
x,
ORDINANCE NO. 837
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING ORDINANCE
NO. 830 WHICH IMPOSED A MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR ENTITLEMENTS
FOR BUSINESSES OFFERING MASSAGE SERVICES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds, determines and declares:
(A) On October 28, 2003 the City Council considered and passed Ordinance No. 829
which imposed a 45-day moratorium on the issuance of any permits or entitlements authorizing
the establishment of any new businesses offering massage services; and
(B) On November 25, 2003 the City Council considered and passed Ordinance No. 830
which extended Ordinance No. 829 for ten months 15 days; and
(C) In order to continue Ordinance No. 830 in effect it is necessary to adopt this
Ordinance extending Ordinance No. 830 for an additional twelve months; and
(D) On October 12, 2004 the City Council conducted a duly noticed public hearing
regarding the proposed extension of the moratorium imposed by Ordinance No. 830, and
(E) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional twelve months to allow for Planning Department and
Planning Commission review and recommendations to the City Council.
SECTION 2. Ordinance No. 830 duly adopted by the City Council on November 25,
2003 is hereby extended for the period of twelve months. The moratorium extended by this
ordinance shall expire on October 28, 2005 unless sooner repealed by the City Council.
EXHIBIT A
SECTION 3. The City Council hereby finds that there exists a current and immediate
threat to the public safety, health and welfare should this interim ordinance not be enacted to
extend Ordinance No. 830 in that the lack of current development regulations for massage service
uses is a current and immediate threat to the public safety, health and welfare, and the approval of
permits for such uses, without proper regulations regarding the siting and development of such
uses, would result in a threat to the public safety, health and welfare.
SECTION 4. If any provision of this ordinance is held to be unconstitutional, it is the
intent of the City Council that such portion of this. ordinance be severable from the remainder and
that the remainder be given full force and effect.
PASSED, APPROVED and ADOPTED this 12th day of October, 2004.
Mayor
ATTEST:
City Clerk
A .
ORDINANCE NO. 830
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING ORDINANCE
NO. 829 WHICH IMPOSED A MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR
BUSINESSES. OFFERING MASSAGE SERVICES AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS
SECTION 1. The City Council finds, detea-1mii;cs and declares:
(.A) On October 28, 2003 the City Council considered and passed Ordinance No. 829
which imposed a 45-day moratorium on the issuance of any permits or entitlements for
businesses offering massage services; and
(B) In order to continue Ordinance No. S29 in effect it is necessary to adopt this
Ordinance extending Ordinance No. 829 for an additional ten months and fifteen days; and
(C) On November 25, 2003 the City Council conducted a duly noticed public hearing
regarding the proposed extension of the moratorium imposed by Ordinance No. 829; and
(D) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional ten months and fifteen days to allow for Plarming
Department and Plaiming Commission review and recommendations to the City Council.
SECTION 2. Ordinance No. 829, duly adopted by the City Council on October 28, 2003,
is hereby extended for the period of ten months and fifteen days. The moratorium extended by
this ordinance shall expire on October 27, 2004 unless sooner repealed by the City Council.
EXHIBIT B
SECTION 3. The City Council hereby finds that there exists a current and inflnediate
threat to the public safety, health and welfare should this interim ordinance not be enacted to
extend Ordinance No. 829 in that the lack of current development regulations for such uses is a
current and inmmediate threat to the public safety; health and welfare, and the approval of permits
for such uses, without public input and proper regulations regarding the siting and development
of such uses would result in a threat to the public safety, health and welfare.
SECTION 4. If any provision of this ordinance is held to be unconstitutional, it is the
intent of the City Council that such portion of this ordinance be severable from the remainder
and that the remainder be given full force and effect.
* * * 4: * * * * * * * *
PASSED. APPROVED and ADOPTED this 2STh day of November, 2003.
ATTEST:
-7~~z ~
Crty Clerk
2
STATE OF CALIFORNIA >
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 830 being:
AN' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSE?tIEAD,
EXTENDIN G ORDINANCE N0. 829'WI-11CH IMPOSED A 1\40RATORIUr1 ON THE
ISSUANCE OF ANY PERvnTS OR ENTITLEMENTS FOR BUSINESSES
OFFERING MASSAGE SERVICES ANTI) DECLARING THE URGENCY THEREOF
was duly adopted at a regular meeting of the City Council on the 25" day of November, 2003, by
the following vote to wit:
YES: COUNCILMEMBERS,
TAYLOR
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
VASQUEZ, ALARCON, CLARK, IMPERIAL,
CITY- CLERK
ORDINANCE NO. 829
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD IMPOSING A 45-DAY
MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR
OTHER ENTITLEMENTS FOR BUSINESSES OFFERING
MASSAGE SERVICES AND DIRECTING THE PLANNING
DEPARTMENT TO INITIATE A STUDY WITH RESPECT
TO DEVELOPING APPROPRIATE ZONING
REGULATIONS GOVERNING SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 11. While this ordinance remains in effect, no conditional use permits,
building permits, design reviews, business licenses or other entitlements authorizing
the establishment of any new business offering massage services, shall be issued and
no application for such permit(s) shall be accepted.
"Massage services" means a method of pressure on or friction against, or
procedures upon the external parts of the body, including but not limited to, touching,
rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hand or
any instrument with or without such supplementary aids as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, lotion, ointment or other similar preparations. Massage
services include "accupressure". Massage services does not include any service for
which a state license is required pursuant to the Barbering and Cosmetology Act set
forth in California Business and Professions Code Section 7300 et seq. as the same
may be amended from time to time.
EXHIBIT C
Section 22. Pursuant to the provisions of Section 65858 of the Government Code
of the State of California, this is an urgency interim zoning crdinWhereafter ous nce
less
shall take effect immediately and shall expire forty-five (45) days
extended by the City Council after notice and public hearing. The facts constituting the
current and immediate threat to the public welfare necessitating an urgency ordinance
are as follows:
The City Council finds and determines that the moratorium imposed
safety
this ordinance is enacted to protect and preserve the public and welfare of the local business community and residents of the
community pending completion of a Planning Department review of this
subject. The Council is aware of the opportunity for acts of prostitution,
lewdness and other unlawful sexual activity to occur in massage
businesses and wishes to establish reasonable standards for issuance of
permits and restrictions on operations that would serve to re.. = fne rar.
of illegal activity and further to reduce the impacts to surrounding
properties. The City wishes to review the regulatory framework in which
to consider the proper location and development standards for such
facilities. The lack of regulations is a current and immediate threat to the
public welfare, and the approval of permits for such uses without proper
review would result in a threat to the public welfare-
lief from the provisions of this
Section 3. The City Council may grant re
moratorium ordinance upon recommendation of the Planning Commission, subject to a
finding of the following:
1. The strict application of the provisions of the moratorium to
a particular project would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and intent of the
moratorium; and
2. That there are exceptional circumstances or conditions applicable
to the development that do not apply generally to the other projects covered by
this moratorium; and
3. That the granting of an exception would not be materially
detrimental to the public welfare as defined above.
Section 4. If any provision of this ordinance is held to be unconstitutional, it is
the intent of the City Council that such portion of this ordinance be severable from the
remainder and that the remainder be given full force and effect.
Section 5. The Planning Department is hereby directed to commence a study
and to make recommendations it deems necessary to strengthen the City's ability to
scrutinize applications for the establishment of businesses offering massage services.
Section 6. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 28th day of October,
2003.
ATTEST:
city clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMBAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Ordinance No. 829 being:
AN. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSENEAD, LNZPOSING A 45-DAY MORATORIUM ON THE ISSUANCE OF ANTY
PERMITS OR OTHER ENTITLEMENTS FOR BUSITTESSES OFFERING MASSAGE
SERVICES AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A
STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING
REGULATIONS GOVERNING SUCH USES
was duly adopted at a regular meeting o; the Rosemead City Council Oil the 2S d:"'! of 0'-'c"'
2003 by the following vote to wit:
YES: COUN'CILNIEMBERS, VASQUEZ, ALARCONT, CLARK; IMPERIAL,
TAYLOR
N0: NONE
ABSENT: NONE
ABSTAIN: NONE
c ".;d
CITY CLERK