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Home My WebLink AboutORD 330 2005 1207ORDINANCE NO. 330 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 ;N Ci ty 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 ( "Proh.ioited 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 Ordinance No. 330 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 p-iblic'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 (CEOA) pursuant to Sections 15O6O(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 CEOA 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. Ordinance No. 330 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) unless an entitlement application was filed and the City determined it to be complete prior to the effective date of this ordinance. 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 opera ors of such businesses. "Ad:iI business" shali 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 ar_d /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 defini:_ -on 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 No. 330 Page 4 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 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 fined in Section 008 of the Government Code, for th City of oorpark, d fich is hereby designated for that rpose. PASSED AND ADOPTED ATTEST: is 7th day of Deborah S. TraffenstW6, City Clerk �ti V;A'pu Ordinance No. 330 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 330 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th day of December, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Mikos, Millhouse, Parvin, WITNESS my hand and the official seal of said City this 28th day of December, 2005. Deborah S. Traffenst , City Clerk (seal)