HomeMy WebLinkAboutAGENDA REPORT 2005 1102 CC REG ITEM 09BHonorable City Council
November 2, 2005
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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
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November 2, 2005
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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.
Under 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 ( 4 5 ) 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
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ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, 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.
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
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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. 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.
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
pre - empted by state law.
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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 this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this
ordinance are severable. The City Council hereby declares that
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 forty -five (45) days from the date of adoption unless
extended by the City Council as provided for in the Government
Code.
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.
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Ordinance No.
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PASSED AND ADOPTED this 2ND day of November, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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