CC - Item 3D - Adopt Urgency Ordinance 829 - Box 070staf epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEME~TY COUNCIL
FROM: BILL CR CITY MANAGER
DATE: . OCTOBER 22; 2003
RE: URGENCY ORDINANCE NO. 829 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
At the regular meeting of October 14, 2003, Council Member Imperial requested that staff
review City Ordinances regarding massage businesses. After careful analysis it is recommended
that the City Council adopt a 45-day moratorium on the issuance of any new approvals of
permits to open massage related businesses. The Council will have the option of extending the
moratorium for a year by noticing and setting a public hearing within that 45-day period.
RECOMMENDATION
It is recommended that the Rosemead City Council adopt Urgency Ordinance No. 829 imposing
a 45-day moratorium on the issuance of any permits for any businesses offering massage
services.
wstaff:urgord829
coum Vii. AGE-N&DA
O C T 2 8 2003
1-1 CNYO No.
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 1. 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.
Section 2. Pursuant to the provisions of Section 65858 of the Government Code
of the State of California, this is an urgency interim zoning ordinance. This ordinance
shall take effect immediately and shall expire forty-five (45) days thereafter unless
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 by
this ordinance is enacted to protect and preserve the public health, safety
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 reduce the risk
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.
Section 3. The City Council may grant relief from the provisions of this
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.
Mayor
ATTEST:
City Clerk