HomeMy WebLinkAboutAGENDA REPORT 2005 1207 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
tTElvt 8. A.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
�a7005
ACTION:f /mod Chn 330
BY
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Direc*ager
By: Laura Stringer, Administrative Services
1
DATE: November 14, 2005 (CC Meeting of 12/07/05)
SUBJECT: Consider an Interim Urgency Ordinance Extending a
Temporary Moratorium on Permitting New or Amended Uses
for Adult Businesses, Body Piercing and /or Tattoo
Establishments, Massage Establishments and Secondhand
Dealer Establishments within the City
BACKGROUND /DISCUSSION
On November 2, 2005, the Moorpark City Council enacted an
interim urgency ordinance (the "45 Day Ordinance ") to impose a
temporary moratorium on permitting new or amended uses for adult
businesses, body piercing and /or tattoo establishments, massage
establishments and secondhand dealer establishments within the
City. The City Council also directed staff to schedule and
notice a public hearing for December 7, 2005, to consider
extending the Interim Ordinance for an additional twenty -two
(22) months and fifteen (15) days, or until October 22, 2007.
On November 23, 2005, the City issued a report describing the
measures taken to alleviate the condition which led to the
adoption of the interim ordinance (the "Ten (10) Day Report"
(Attachment 2)). The report (with exhibits) was made available
at the public counter at City Hall, on the City Website, and is
also being distributed with the December 7, 2005 City Council
meeting agenda reports.
If adopted, the Ordinance (Attachment 3) would extend the
temporary moratorium on permitting new or amended uses for adult
businesses, body piercing and /or tattoo establishments, massage
establishments and secondhand dealer establishments within the
City for an additional twenty -two (22) months and fifteen (15)
days, or until October 22, 2007, allowing staff to conduct the
necessary reviews and research identified in the November 2,
\ \Mor_pri sery \City Share \Community Development \DEV PMTS \Z O A \2005 \Massage, Tatoos, 2nd
Hand \051207 cc agenda report.doc 0 0 0 () O.Ak
Honorable City Council
December 7, 2005
Page 2
2005, City Council Agenda Report. The Council can choose a
lesser time frame for this first time extension if it desires,
but it should be noted that if a lesser time frame is chosen for
this first time extension then the second extension may only be
for a maximum of 12 months.
STAFF RECOMMENDATION (ROLL CALL VOTE 4 /5TH AFFIRMATION)
1. Open the public hearing, take public testimony and close
the public hearing.
2. Adopt Ordinance No.
ATTACHMENTS:
1. November 2, 2005, City Council Agenda Report (without
attachments)
2. Report on the Measures Taken to Alleviate the Conditions
Which Led the City to Enact the Interim Urgency Ordinance
on, (Ten (10) Day Report)
3. Ordinance
LA #4830- 9598 -6432 v1 000002
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Barry K. Hogan, Community Development DirectZ0#ft_
DATE: October 24, 2005 (CC Meeting of November 2, 2005)
SUBJECT: Interim Urgency Ordinance Making Findings and
Establishing a Temporary Moratorium on Permitting New
or Amended Uses for Adult Businesses, Body Piercing
and /or Tattoo Establishments, Massage Establishments
and Secondhand Dealer Establishments Within the City
SUMMARY
This ordinance would establish a forty -five (45) day moratorium
on the issuance of any entitlement within the City for the
following uses ( "Prohibited Uses ") : (1) adult businesses; (2)
body piercing and /or tattoo establishments; (3) massage
establishments; and (4) secondhand dealer establishments.
If the City fails to adopt the moratorium, applicants could
obtain entitlements for any of the Prohibited Uses, all of which
are currently permitted in the City pursuant to Municipal Code
17.20.060. These uses are more likely to increase crime and /or
adversely impact public health, society and welfare within the
City.
Enacting this moratorium would allow the City more time to
determine what types of action may be taken to limit the harms
that may result from the Prohibited Uses.
DISCUSSION
Current City zoning law allows the Prohibited Uses within
certain commercial and /or industrial areas. For example, adult
businesses; and body piercing and /or tattoo establishments are
allowed in the commercial planned development (CPD) zone; the
general commercial (C -2) zone; and in the industrial park (M -1)
LA #4819- 2701 -9776 v 1
CC ATTACHMENT 1
000003
Honorable City Council
November 2, 2005
Page 2
zone. (Municipal Code section 17.20. 060 ( (A) (1) , (4) ) . Massage
establishments are allowed in the commercial office (C -O) zone;
the neighborhood commercial (C -1) zone; the general commercial
(C -2) zone, and the commercial planned development (CPD) zone
(Municipal Code section 17.20.060((A)(10)). Secondhand shops
are allowed in the general commercial (C -2) zone; the commercial
planned development (CPD) zone; and the old town commercial (C-
OT) zone (Municipal Code section 17.20.060((A)(13)).
There is concern that if these new businesses containing the
Prohibited Uses are permitted, there will be an increase in
crime in the City. The businesses would threaten public safety
because of the increased crime that can occur at and around
those establishments, including narcotics activity,
prostitution, public drunkenness, and receipt of stolen
property. There is also a concern that public health will be
harmed by these businesses. There will be an increased risk of
infections to patrons of the Prohibited Uses, including use of
unsafe tattoo needles and unsanitary sauna and spa facilities.
It is staff's opinion that the area could be better served if
there were stricter regulations on the Prohibited Uses, which
may include background checks of applicants, posting of bonds,
requiring that the applicant sponsor private security guards or
other similar regulations. It is staff's opinion that a
moratorium should be imposed until such requirements can be
enacted. While in force, the moratorium would not authorize any
new or modified entitlements for the Prohibited Uses.
Pursuant to Government Code § 65858, with a 4/5 vote, the City
Council may enact the attached urgency ordinance, which would
place a forty -five (45) day moratorium on issuance of use
permits, variances, building permits, business licenses, or any
other entitlement for the described applications.
There are various reasons that the City may consider enacting
such a moratorium.
First, the City will need time to complete research, and to
recommend actions based upon that research. For example, the
City will need time to study the feasibility and effectiveness
of stricter restrictions on the Prohibited Uses, including
background checks of applicants, posting of bonds, or requiring
that the applicant sponsor private security guards.
Additionally, once the research is completed, staff will need
LA #4819 - 2701 -9776 vl
000004
Honorable City Council
November 2, 2005
Page 3
time to prepare any new ordinances to reflect the new
requirements. In addition, time is also needed to prepare and
notice any potential ordinances and /or City Council meetings.
The City Council would also need time to deliberate on potential
amendments or ordinances.
Second, the City would need time to complete legal research, and
to recommend actions based upon the legal conclusions reached.
For example, the City will need to examine the possible
restrictions on the Prohibited Uses. City staff would need time
to prepare any recommendations relating to necessary changes to
the law. The City Council would need time to deliberate on any
potential findings or recommended actions.
Undef state law, an initial moratorium may be adopted by a 4/5
vote of the Council, but can only last for forty -five (45) days.
Thus, if adopted, this initial Ordinance would terminate on
Saturday, December 17, 2005.
If the City staff is not able to recommend a course of action to
the City Council prior to December 17, 2005, prior to that date,
the staff will present to the City Council an ordinance to allow
the City Council to extend the moratorium for as long as it
deems necessary, as long as the moratorium does not extend for a
period longer than an additional twenty -two (22) months and
fifteen (15) days. Prior to adoption of such an extension
ordinance, there must be a public hearing. Staff would not be
able to complete the recommended work prior to the expiration of
this initial moratorium. However, a schedule and recommendation
on extension could be provided prior to the end of the -forty -
five (45) days.
STAFF RECOMMENDATION (ROLL CALL VOTE 4 /5TH AFFIRMATION)
1. Adopt Ordinance No. ; and
2. Instruct staff to analyze whether and /or how the City
should proceed in its regulation of the Permitted Uses.
3. Schedule and notice a public hearing for December 7, 2005
to extend the Interim Ordinance.
Attachment: Ordinance
LA #4819- 2701 -9776 v1
()00005
REPORT ON THE MEASURES TAKEN TO
ALLEVIATE THE CONDITIONS WHICH LED THE CITY TO ENACT THE INTERIM
URGENCY ORDINANCE ON NOVEMBER 2, 2005
Background
On November 2, 2005, pursuant to Government Code § 65858, the
Moorpark City Council enacted an interim urgency ordinance (the
`N45 Day Ordinance ") to impose a temporary moratorium on
permitting new or amended uses for adult businesses, body
piercing, and /or tattoo establishments, massage establishments,
and secondhand dealer establishments within the city. Absent
any additional action, the 45 day ordinance would expire on
December 19, 2005. The proposed ordinance (the "Extension
Ordinance ") would extend the moratorium for an additional 22
months and fifteen (15) days, or until October 22, 2007.
Reasons for the 45 Day Ordinance
The Extension Ordinance, if adopted, would be adopted for the
same reasons that the 45 Day Ordinance was originally adopted,
as those reasons are still accurate. The 45 Day Ordinance was
adopted to improve the public safety, health and welfare of the
residents and visitors to the City of Moorpark ( "City ").
One means of doing so was by limiting businesses that provide
services which are more likely to increase crime and /or
adversely impact the public health within the City. These
businesses include adult businesses', body piercing and /or tattoo
establishment s2, massage establishment s3, and secondhand dealer S4
( "Prohibited Uses ").
1 An "adult business" is defined as established in Ordinance 166 adopted by
the City Council as any business which is conducted exclusively for the
patronage of adults, and as to which minors are specifically excluded for
patronage thereat, either by law or by the operators of such businesses.
"Adult business" shall also mean and include adult book stores, adult
theaters, massage parlors, modeling studios, adult hotel /motels, adult
cabaret, adult arcade, sexual encounter establishment, but not including
those uses or activities and regulations which are pre - empted by state law.
A "body piercing and /or tattoo" establishment is defined as an establishment
which engages in piercing of parts of the human body other than the ear
and /or creates (permanent) tattoo markings on the human body.
3 A "massage establishment" is defined as provided in Municipal Code section
5.48.010, which is attached hereto as Exhibit "A."
4 A "secondhand dealer" is defined as provide in Municipal Code section
5.32.010, which is attached hereto as Exhibit "B."
CC ATTACHMENT 2
0000106
REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY
TO ENACT THE INTERIM URGENCY ORDINANCE ON NOVEMBER 2, 2005
PAGE 2
Before the moratorium was established, the Prohibited Uses were
allowed pursuant to Municipal Code section 17.20.060.5 If new
businesses with the Prohibited Uses were allowed to operate
within the City, it would pose an immediate threat to the public
health, safety and welfare. Public health would be harmed by
the risk of infections and unsanitary conditions at the
Prohibited Uses, including unsafe tattoo needles and unsanitary
sauna and spa facilities that may exist at massage
establishments. Public safety would be put at risk by the
Prohibited Uses because increased crime occurs inside and
outside of many such establishments, including narcotics
activity, prostitution, public drunkenness, and receipt of
stolen property. Finally, the public welfare will be harmed if
Prohibited Uses are initially allowed, but then later prohibited
or further regulated because such uses would be non - conforming
uses and would create an unnecessarily more complex regulatory
environment. Simply, absent the moratorium, the public health,
safety and welfare would be harmed.
The 45 Ordinance was necessary because the City was (and still
is) currently considering revising the Municipal Code to more
fully reflect these needs. For example, the City may amend
amending the Municipal Code to prohibit all future
establishments of this type to better serve the public health,
safety and welfare. These requirements might include criminal
background checks of applicants, posting of bonds, or requiring
that the applicant sponsor private security guards. These are
just some of the numerous changes that will be considered.
Further, if the City continued to approve these types of
establishments under Municipal Code section 17.20.060, each new
entitlement would be granting a right to use the property in a
manner which does not accurately reflect the needs and wants of
the public. Furthermore, it would not adequately protect the
public's health, safety and welfare. As such, if the City
failed to extend the 45 Day Ordinance, all new entitlements for
Prohibited Uses will create a current and immediate threat to
the public health, safety and welfare.
The City Council intends to study how the application process
and entitlement granting process for new uses of these types of
businesses should be revised.
5 Municipal Code section 17.20.060 is attached hereto as Exhibit "C."
000010 7
REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY
TO ENACT THE INTERIM URGENCY ORDINANCE ON NOVEMBER 2, 2005
PAGE 3
Measures Taken to Alleviate the Conditions Which Led to the
Adoption of the Ordinance
Thus far, the City has taken several steps to ensure that
any future Permitted Uses are located in appropriate proximity
to sensitive land uses such as schools, child care centers and
religious establishments. To this end, the City has begun to
create a detailed map of schools, child care centers and
religious establishments within and just outside the City
limits. It has also begun to determine which distances between
the each type of Prohibited Use and the sensitive land uses are
appropriate.
Additionally, the City has begun to determine under which
circumstances each Prohibited Use might be permitted.
Finally, the City is also researching the proximity other
California cities have allowed between Prohibited Uses and these
sensitive land uses, and how other California cities have
determined under which circumstance to permit a Prohibited Use.
Duration of the Extension Ordinance
If adopted by the City Council, the Extension Ordinance
would cause the moratorium on permitting new or amended uses for
adult businesses, body piercing, and /or tattoo establishments,
massage establishments, and secondhand dealer establishments
within the city to be extended until October 22, 2007. It is
not expected that the Extension Ordinance will be necessary for
the entire 22 months and 15 days. However, given the
differential nature of the four Prohibited Uses and the planning
required to resolved the problems addressed, it may take a
substantial period of time for City staff to perform the
necessary planning and to craft appropriate amendments to the
law to meet the City's needs. Because the City Council may
repeal the Extension Ordinance at any time, the Extension
Ordinance has been drafted to extend for the maximum time
permissible under Government Code section 65858, with the
understanding that once appropriate regulations can be drafted,
the City Council may repeal the Extension Ordinance.
However, the City may create solutions to problems solved
by each of the four separate Prohibited Uses separately.
Accordingly, it may repeal the moratorium against each
000ec's
REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED THE CITY
TO ENACT THE INTERIM URGENCY ORDINANCE ON NOVEMBER 2, 2005
PAGE 4
Prohibited Use separately, via ordinance.
moratorium shall remain in place against all
specifically excepted by further ordinance.
Exhibits
A.
Municipal
Code
Section
5.48.10
B.
Municipal
Code
Section
5.32.010
C.
Municipal
Code
Section
17.20.060
If this occurs, the
Prohibited Uses not
000009
EXHIBIT A
0000:10
City of Moorpark Municipal Code Section 5.48.010
Definitions.
As used in this chapter:
"Massage" means any method of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding
or stimulating the external parts of the body with the hands
or other parts of the body, with or without the aid of any
mechanical or electrical apparatus or appliance, or with or
without supplementary aids such as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions,
ointments or other similar preparation commonly used in this
practice.
"Massage business" is the activity of, or the providing
facilities for, massage for any form of consideration or
gratuity whatsoever.
"Massage technician" means any person who, for any form of
consideration or gratuity whatsoever, gives or administers
to another person a massage. "Massage technician" does not
include, while engaged in the performance of his profession
a physician, surgeon, chiropractor, osteopath, physical
therapist, nurse, barber or beautician, each of which is
duly licensed under the laws of the state, or a team or
individual athletic trainer. (Ord. 6 § 1 (part), 1983)
00001I
EXHIBIT B
U000�.2
City of Moorpark Municipal Code Section 5.32.010
Definitions.
As used in this chapter:
A "junk collector" is any person not having a fixed place of
business in the county who goes from house to house or place
to place collecting, buying, selling or otherwise dealing in
junk such as old rags, bottles, cans, papers, metals or
machinery which has been discarded or scrapped and other
similar things.
A "junk dealer" is any person having a fixed place of
business in the county who engages in a business of buying,
selling or dealing in, either at wholesale or retail, junk
such as old rags, sacks, bottles, cans, paper, metal or
machinery which has been discarded or scrapped, or other
similar things.
A "secondhand dealer" is any person who, in the course of
business, buys, sells or deals in secondhand goods, wares or
merchandise other than motor vehicles or junk. A person who
accepts secondhand goods, wares or merchandise in part
payment coincidentally with the sale by him of new goods,
wares or merchandise in the regular course of his business
shall not, with respect to such goods, wares and merchandise
so acquired, be deemed to be a secondhand dealer. (Ord. 6 §
1 (part), 1983)
0000:13
EXHIBIT C
000014
City of Moorpark Municipal Code Section 17.20.060
Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set
forth in Table 17.20.060 below and in the conditions of
approval of any applicable commercial and industrial planned
development permits. In addition to the entitlements
required by Table 17.20.060, a planned development permit is
required in all commercial and industrial zones for any new
construction of building floor area 2,500 square feet or
greater, and an administrative permit is required in all
commercial and industrial zones for any new construction of
less than 2,500 square feet of building floor area. All
uses, except for those specifically identified as outdoor
uses, shall be operated within a building. Prior to the
issuance of a Zoning Clearance, a discretionary permit, or
an exception, the community development director shall
verify that the site, use or structure has an approved
planned development permit or administrative permit if
needed in accordance with this section and Chapter 17.44.
All uses shall comply with Moorpark Municipal Code Title 5,
Business Taxes, Licenses and Regulations.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
Zones
A. Retail and Service Uses
1. Adult businesses
2. Alcoholic beverage sales
for off -site consumption
when in conjunction with
another city- approved retail
or service use other than
automobile service station
or liquor store
CPDC C-
C-0 C -1 2 OT M -1 M -2 I
CUP CUP
0 CIO VA
a. Beer and /or wine ( *if
CUP, AP* AP* AP* AP*
within one hundred (100)
feet of a residentially
zoned property a conditional!
;use permit is required)
`b. Beer, wine and other
CUP CUP CUP CUP =- -CUP:
alcoholic beverages
3. Automobile /light
truck /motorcycle
a. Brakes, oil changes,
CUP AP* AP* 'AP*i
tires and shock sales and
!installation, tune -ups and
other light service and
.repair (with or without
hydraulic lifts) ( *if within
one hundred (100) feet of a
:residentially zoned property',
[
a conditional use permit is
required)
b. Car washes, self - service
CUP CUP
or automatic with or without!
!
=automotive services stations;
c. Engine rebuilding,
CUP CUP'
transmission repair, steam
cleaning, auto body,
;painting
'd. Parts and supplies
ZC ZC ZC ZC
e. Rental
_.._.._ ...........�
AP 'AP AP
!f. Sales, with or without
CUP CUP CUP
service and parts
g. Service stations with or
CUP CUP'
without mini -marts and with
or without beer and wine
;sales for off -site
i
=consumption
4. Body piercing and /or
CUP ` CUP
tattoo
5. Building supplies ( *if
AP* ,'CUP '. CUP'
within one hundred (100)
feet of a residentially
,zoned property a conditional;
',use permit is required)
6. Hay and feed sales
CUP :CUP,
Q00CIL.G
7. Hotels, motels and bed-
CUP ;CUP CUP CUP'
and- breakfast inns when in
compliance with Chapter 5.44:
i
Kennels and catteries
CUP CUP
9. Liquor stores (when
CUP CUP CUP
;located no closer than one
thousand (1,000) feet of any;
other liquor store or public`
,or private school)
10. Massage, therapeutic
AP AP', AP
when in compliance with
Chapter 5.48
11. Nurseries (retail) with
AP
or without container grown
;plants when all equipment
.and supplies kept in an
enclosed area
12. Nurseries (wholesale
:AP
and /or retail) with or
.without container grown
;plants when all equipment
'
and supplies kept in an
enclosed area
13. Pawnshops, consignment
AP :CUP;
stores, thrift stores and
secondhand shops when in
;compliance with Chapter 5.32
14. Pest control services
AP* AP*
( *if within one hundred
;(100) feet of a
residentially zoned property.
a conditional use permit is
j
:required)
15. Private post offices,
ZC ZC ZC ZC
parcel services, copy
centers
16. Psychics,
CUP
fortunetelling, and
spiritual advisors when in
compliance with Title 5 of
the Moorpark Municipal Code
17. Recreational vehicle
CUP'
storage yards when not
0000:17
21. Retail shops and
services, except as
otherwise indicated in this
table, including, but not
limited to antiques, art and
craft dealers and supplies,
bakeries, barbers, beauty
salons, bicycle
sales /service, books and
stationery, camera /photo
stores including on -site
processing, carpet and
flooring
sales /cleaning /installation,
cigar /cigarette sales,
clothing and fabric stores,
computer sales and service,
department and variety
stores, dry cleaners,
electronic equipment sales
and service, florists, food
markets, gift and novelty
ZC ZC
. .._.
ZC
00100:.8
stores, hardware and tool
stores, home and office
furniture and equipment
sales, home appliance sales
and service, housewares
sales, jewelry stores, key
and locksmiths, music stores
(including recorded music
and musical instrument
sales, service, and
lessons), newstands, paint
stores, party supply sales
and rental, pet grooming,
pet sales and supplies,
pharmacies, photography
studios, pool and spa sales
and supplies, shoe stores,
sporting goods and
equestrian supplies, small
equipment rental (no outdoor
storage), toy and hobby
stores, video /DVD /CD sales
and rental, wireless
sales /service, and uses
which the community
development director
determines to be similar
when in compliance with
Section 17.20.030
22. Retail sales combined
with limited distribution
and /or warehousing not
exceeding forty percent
(400) of gross floor area of
the building in which it is
located ( *if within one
hundred (100 ) feet of a
residentially zoned property
a conditional use permit is
required)
23. Retail sales in the M -1
and M -2 zone limited to a
maximum of twenty percent
(200) of the gross floor
area of the building in
which it is located. In an
0 00(19
a. With or without
entertainment and with or
without on-site consumption
of beer and wine and other
alcoholic beverages and with
or without outdoor seating
(*if within one hundred
(100) feet of a
residentially zoned property
a conditional use permit is
required)
b. With drive-in or drive-
through facilities (sale of
AP* AP* AP* AP*
'Cup CUP :CUP-Cup cup
Oooeozo
administrative offices,
including, but not limited
to: accounting, advertising
agencies, chiropractic,
collection services; dental,
direct mail marketing
companies, employment
agencies, engineering
services insurance,
investment, medical, optical
and related health services;
planning services, real
estate services; secretarial
services, travel agencies,
and uses which the community
development director
determines to be similar
when in compliance with
Section 17.20.030
000001_
plaster, and product
fabrication
2. Distribution and
transportation facilities
=3. Heavy machinery repair,
!including trucks, tractors
and buses
Zones
;4. Manufacturing and
'assembly including, but not
limited to appliances,
cabinets, cleaners,
clothing, computers,
cosmetics, detergents,
electronics, furniture,
',leather products, machinery,
medical and scientific
'instruments, paper,
perfumes, pharmaceuticals,
!photographic and optical
goods, plastic products,
signs and advertising
displays, soap, textiles and
;other uses which the
community development
director determines to be
similar when in compliance
!with Section 17.20.030 ( *if
[within one hundred (100)
;''feet of a residentially
zoned property an
,administrative permit is
required)
. .......... ._
5. Outdoor storage when in
!conjunction with a city
.approved use and when all
.storage is screened by an
eight (8) foot high masonry
.wall architecturally matched
Ito the structure. ( *if
within one hundred (100)
feet of a residentially
'zoned property a conditional
,use permit is required)
CUP
ZC* 'ZC*
AP*
0000"22
6. Self - storage or mini -
storage when not located on
parcels adjacent to Arterial
Roads or Freeways as shown
ion the Moorpark Circulation
Element Highway Network Map
'.and with or without a
°caretaker dwelling
7. Warehousing
8. Welding
E. Public and Semi - Public
Uses
1. Amusement and
recreational facilities as
defined in Chapter 17.08
a. Arcades (video and
icomputer) and cyber cafes
b. Health
club /gymnasium /fitness
center /spa ( *if within one
hundred (100) feet of a
residentially zoned property
a conditional use permit is
required)
2. Care facilities,
including adult day care
facilities, Alzheimer's day
care facilities, congregate
living health facilities,
child day care centers,
community treatment
facilities, foster family
and adoption agencies,
hospices, long -term health
care facilities, residential
care facilities for the
elderly, residential care
facilities for persons with
chronic life - threatening
illness, skilled nursing and
intermediate care
facilities, social
rehabilitation facilities,
therapeutic day services
CUP iCUP CUP
000023
.facilities, transitional
'housing placement
.facilities, and transitional,',
shelter care facilities as
defined in Division 2 of the:
Health and Safety Code
3. Clubhouses, social clubs, AP *:AP*
service clubs with or
without alcohol ( *if within
'one hundred (100) feet of a i
;residentially zoned property;
a conditional use permit is
required)
4. Communication facilities,
including wireless in
accordance with the
requirements of Chapter
17.42 (pre- approved
locations require only an
5. Energy production from
renewable resources
6. Governmental uses
including, but not limited
to city offices, community
rooms, fire stations, human
service centers, libraries,
police stations, public
utility facilities
FWAVWX
iAP* AP*
I
l
CUP :CUP CUP CUP ;;CUP 'CUP !CUP
000eA2"Ot�
not limited to professional
and vocational schools, art
and craft schools, music
schools not part of a music
store, and driver training
schools ( *if within one
hundred (100) feet of a
residentially zoned property
a conditional use permit is
required)
11. Recreational facilities
(private) with /without food
services, including but not
limited to bicycle and skate
parks, golf courses,
gymnasiums, fitness, health
spas, martial arts,
racquetball, yoga. Bicycles
and skate parks shall be in
compliance with Chapter
17.28 ( *if within one
hundred (100) feet of a
residentially zoned property
a conditional use permit is
required)
;12. Utility structures
(electrical boxes,
;transformers and valve
';apparatus that have no
!covered floor area and are
attached to the ground by
;poles, columns or pedestals
shall not require a zone
,clearance)
F. Accessory and
"Miscellaneous Uses
1. Outdoor sales
2. Retail shops and services
as listed in Table
17.20.060(A)(21) when the
uses are determined by the
community development
director to be ancillary to
office use of the property
3. Motion picture and
AP* AP *' AP* I AP* AP *' CUP
television production and
related activities and
structures (activities of a
maximum of forty -two (42)
days in any one hundred
eighty (180) day period are
considered temporary and
shall comply with the
requirements of Chapter
17.28 and Title 5 of the
Moorpark Municipal Code
4. Temporary uses including,
but not limited to
carnivals, Christmas tree
sales, circuses, festivals,
sidewalk sales, special
events, outdoor sales, when
in compliance with Chapter
17.44. Issuance of a
temporary use permit shall
take the place of a zoning
clearance. Temporary uses
lasting more than one
hundred eighty (180) days
require an AP.
TUP TUP' TUP
TUP !;TUP
TUP TUP
(Ord. 304 § 2, Exh. A (part), 2004: Ord. 297 Exh. A (part),
2003)
U00e�6
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, MAKING FINDINGS AND
EXTENDING A TEMPORARY MORATORIUM ON
PERMITTING NEW OR AMENDED USES FOR ADULT
BUSINESSES, BODY PIERCING AND /OR TATTOO
ESTABLISHMENTS, MASSAGE ESTABLISHMENTS, AND
SECONDHAND DEALER ESTABLISHMENTS WITHIN THE
CITY
WHEREAS, the City Council of the City of Moorpark does
ordain as follows:
SECTION 1. Findings
A. The City desires to improve the public safety, health
and welfare of the residents and visitors to the City of Moorpark
( "City ") .
B. One means of doing so is by limiting businesses that
provide services which are more likely to increase crime and /or
adversely impact the public health within the City. These
businesses include adult businesses, body piercing and /or tattoo
establishments, massage establishments, and secondhand dealers
( "Prohibited Uses ").
C. Currently the Prohibited Uses are allowed pursuant to
Municipal Code section 17.20.060. The City finds that if new
businesses with the Prohibited Uses were allowed to operate
within the City, it would pose an immediate threat to the public
health, safety and welfare. Public health would be harmed by the
risk of infections and unsanitary conditions at the Prohibited
Uses, including unsafe tattoo needles and unsanitary sauna and
spa facilities that may exist at massage establishments. Public
safety will be put at risk by the Prohibited Uses because
increased crime occurs inside and outside of many such
establishments, including narcotics activity, prostitution,
public drunkenness, and receipt of stolen property. Finally, the
public welfare will be harmed if Prohibited Uses are initially
allowed, but then later prohibited or further regulated because
such uses would be non - conforming uses and would create an
unnecessarily more complex regulatory environment.
D. The City is currently considering revising the
Municipal Code to more fully reflect these concerns. The City is
considering amending the Municipal Code to prohibit or increase
regulation of all future establishments of this type to better
serve the public health, safety and welfare. These requirements
might include criminal background checks of applicants, posting
S: \Community Development \DEV PMTS \Z O A \2005 \Massage, Tatoos, 2nd Hand \051207 extension
ordinance.doc
CC ATTACHMENT 3 Q����
Ordinance No.
Page 2
of bonds, or requiring that the applicant sponsor private
security guards. These are just some of the numerous changes
that will be considered.
E. If the City continues to approve these types of
establishments under Municipal Code section 17.20.060, each new
entitlement would be granting a right to use the property in a
manner which does not necessarily reflect the needs and wants of
the public. Furthermore, it will not adequately protect the
public's health, safety and welfare. As such, if the City fails
to enact this moratorium immediately, all new entitlements for
Prohibited Uses will create a current and immediate threat to the
public health, safety and welfare.
F. The City Council intends to study how the application
process and entitlement granting process for new uses of these
types of businesses should be revised.
G. On November 2, 2005, the City adopted a 45 day
moratorium on permitting new or amended uses for adult
businesses, body piercing and /or tattoo establishments, massage
establishments and secondhand dealer establishments within the
City.
H. The City intends to extend the 45 day moratorium for 22
months and 15 days.
I. The City intends to address each Prohibited Use during
the 22 month and 15 day period. It may repeal this ordinance in
parts once it addresses each Prohibited Use. Such repeal may be
enacted by ordinance. After any such repeal, the moratorium
shall remain in full effect on each Prohibited Use not addressed
by any repeal.
J. The City Council finds that this ordinance is not
subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in
a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c) (3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment,
directly or indirectly; it prevents changes in the environment
pending the completion of the contemplated municipal code review.
LA #4819- 3829 -2992 v 1 00000208
Ordinance No.
Page 3
SECTION 2. Imposition of Moratorium
A. In accordance with the authority granted to the City of
Moorpark by Government Code Section 65858, and pursuant to the
findings stated herein, from and after the date of the enactment
of this ordinance, no use permit, variance, building permit,
business license or other applicable entitlement shall be
approved under Municipal Code section 17.20.060(A) (1) (adult
businesses), 17.20.060(A)(4) (body piercing and /or tattoo),
17.20.060(A)(10) (massage), or 17.20.060(A)(13) (secondhand
dealers).
1. An "adult business" is defined as established in
Ordinance 166 adopted by the City Council as any business which
is conducted exclusively for the patronage of adults, and as to
which minors are specifically excluded for patronage thereat,
either by law or by the operators of such businesses. "Adult
business" shall also mean and include adult book stores, adult
theaters, massage parlors, modeling studios, adult hotel /motels,
adult cabaret, adult arcade, sexual encounter establishment, but
not including those uses or activities and regulations which are
preempted by state law.
2. A "body piercing and /or tattoo" establishment is
defined as an establishment which engages in piercing of parts of
the human body other than the ear and /or creates (permanent)
tattoo markings on the human body.
3. A "Massage Establishment" shall have the definition as
provided in Municipal Code section 5.48.10.
4. A "Secondhand Dealer" shall have the definition as
provided in Municipal Code section 5.32.010.
B. This ordinance is an interim urgency ordinance adopted
pursuant to the authority granted to the City of Moorpark by
Government Code Section 65858, and is for the immediate
preservation of the public health, safety, and welfare.
SECTION 3. Severability
If any provision of
thereof to any person or
invalidity shall not affect
the ordinanc
provision or
ordinance are
LA #4819- 3829 -2992 v I
e which can b
application, an
severable. T
h
this ordinance or the application
circumstance is held invalid, such
other provisions or applications of
e given effect without the invalid
d to this end the provisions of this
e City Council hereby declares that
000eo 9
Ordinance No.
Page 4
it would have adopted this ordinance irrespective of the
invalidity of any particular portion thereof.
SECTION 4. Effective Date
Consistent with Government Code 65858, this ordinance shall
become effective immediately upon adoption if adopted by at a
least four - fifths vote of the City Council and shall be in effect
for twenty -two (22) months and fifteen (15) days from the date of
adoption.
SECTION 5. Publication
The City Clerk shall certify to the passage and adoption of
this ordinance; shall enter the same in the book or original
ordinances of said City; shall make a minute of the passage and
adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall,
within fifteen (15) days after the passage and adoption thereof,
cause the same to be published once in the Moorpark Star, a
newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED AND ADOPTED this 7th day of December, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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