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CC - Item 2a - Adopt Ordinance 830 - Box 070TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD QTY COUNCIL FROM: BILL CRAPITY MANAGER DATE: NOVEMBER 19, 2003 SUBJECT: 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 Ordinance No. 830 has been drafted to extend Urgency Ordinance No. 829, which was adopted at by the Rosemead City Council on October 28, 2003. This urgency ordinance was adopted to allow staff sufficient time to study appropriate zoning regulations governing the establishment and siting of such uses. Ordinance No. 830 will extend Ordinance 829 for a period of ten months and fifteen days. The City has received several requests over the last few months to establish businesses with massage related services. City staff will need the additional time to study the appropriateness of existing City business license regulations. Also, Planning Department staff will conduct surveys of surrounding jurisdictions to determine how other cities are addressing this type of land use. RECOMMENDATION Staff recommends that the City Council adopt Ordinance No. 830. Attachments: 1. Ordinance No. 830 2. Staff Report & Ordinance No. 829, dated October 28, 2003 AGENDA NOV 2 5 2003 ITEM lo. 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, 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 pern2its or entitlements for businesses offering massage services; and (B) In order to continue Ordinance No. 829 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 Planning Department and Planning 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. 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. 829 in that the lack of current development regulations for such uses is a current and immediate 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. PASSED, APPROVED and ADOPTED this 28Th day of November, 2003. Mayor ATTEST: City Clerk 2