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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