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HomeMy WebLinkAboutORD 387 2010 0519ORDINANCE NO. 387 AN INTERIM ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, MAKING FINDINGS AND EXTENDING A TEMPORARY MORATORIUM ON PERMITTING NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY OF MOORPARK WHEREAS, the City Council of the City of Moorpark does ordain as follows: SECTION 1. Findings A. The City desires to provide for 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 regulating businesses that provide services that may create additional public safety, health and welfare impacts within the City. These businesses include massage establishments, which are currently regulated by Municipal Code Chapter 5.48 (Massage Establishments and Therapists) and Title 17 (Zoning). C. Recent changes in State law (SB 731, approved September 27, 2008) have affected the ability for the City to regulate massage establishments under its current Municipal Code regulations, creating an inconsistency with State law. D. The City finds that without examining its current regulations in light of these changes to the State law, public welfare will be harmed by the inconsistency between local regulations of massage establishments and State law. The public welfare will additionally be harmed if massage establishments are initially allowed in certain zones, but then later prohibited or further regulated in those zones, creating non - conforming uses and an unnecessarily more complex regulatory environment. E. If the City continues to approve new massage establishments, 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 massage establishments 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 massage establishments should be revised to be both consistent with State law, and protect the public health, safety, and welfare. Ordinance No. 387 Page 2 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. Extension of Moratorium A. This ordinance is an extension of the existing forty -five (45) day urgency interim ordinance (Ordinance No. 385), and is adopted pursuant to the authority granted to the City of Moorpark by Government Code Section 65858, for the immediate preservation of the public health, safety, and welfare. B. In accordance with the authority granted to the City of Moorpark by Government Code Section 65858, and pursuant to the findings stated herein, no use permit, variance, building permit, zoning clearance, business registration or other applicable entitlement shall be approved under Municipal Code Chapter 5.48 and Title 17 for a new "massage establishment" as defined in Municipal Code section 5.48.20 for a period of ten (10) months and fifteen (15) days beyond the term of the moratorium established by Ordinance No. 385, through and including April 20, 2011. 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 least a four -fifths vote of the City Council and shall extend the provisions enacted by Ordinance 385 for an additional ten (10) months and fifteen (15) days from the date of adoption, through and including April 20, 2011. Ordinance No. 387 Page 3 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 19th day of May, 2010. &ane. Parvin, Mayor ATTEST: Deborah S. Traffenste ity Clerk Ordinance No. 387 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 387 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of May, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Mikos ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of May, 2010. Deborah S. Traffenstedt, My Clerk (seal)