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CC - Item 3D - Urgency Ordinance 829 - Box 070TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD. CITY 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. ccslaffurgord829 COUNCIL AGE!'IDAt O CT 2 8 2003 ITEM No. -zCb-- 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: 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