The URL can be used to link to this page

Home My WebLink AboutORD 442 2016 1221 ORDINANCE NO. 442 AN INTERIM ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING BY 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING THE APPROVAL OF ANY BUSINESS REGISTRATION, USE PERMIT OR ANY APPLICATION FOR MASSAGE ESTABLISHMENTS IN ANY ZONE PURSUANT TO GOVERNMENT CODE SECTIONS 65858, 36934 AND 36937; AND, MAKING A DETERMINATION THIS ACTION IS NOT A PROJECT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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. Prior State law led to unexpected impacts as a result of restrictions on local regulatory authority and affected the ability for the City to regulate massage establishments under its current Municipal Code regulations. AB 1147 of 2014 and AB 2194 of 2016 have restored a certain amount of local regulatory authority which must be researched and understood. D. The City finds that without examining its current regulations in light of these changes to 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 property in a manner which does not necessarily reflect the needs and wants of the public. Furthermore, approving new massage establishments at this time, without a complete and current regulatory framework in place, will not adequately protect the public's health, safety and welfare. As such, if the City fails to continue this moratorium, all new entitlements for massage establishments will create a current and immediate threat to the public health, safety and welfare. Ordinance No. 442 Page 2 F. On November 11, 2016, the City Council enacted an Interim Urgency Ordinance No. 441 to place a 45-day moratorium on the approval of any Business Registration, Use Permit or Any Application for Massage Establishments in any zone during the pendency of the City's consideration of amendments to the Moorpark Municipal Code, expiring on December 26, 2016. The facts, circumstances and findings adopted by the City Council in Interim Urgency Ordinance No. 441 remain true and correct. G. The City Council and City staff have not yet completed their review of the appropriate regulatory framework for massage establishments in the City and intends to continue studying 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. Accordingly, the City Council finds that an extension of the Moratorium pursuant to Government Code Section 65858 is therefore necessary. H. 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. I. The City Council held a duly noticed public hearing regarding the Moratorium extension on December 21, 2016. SECTION 2. Extension of Moratorium A. This ordinance hereby extends by ten (10) months and fifteen (15) days the existing forty-five (45) day moratorium adopted pursuant to Interim Urgency Ordinance No. 441, 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 5.48.020 for a period of ten (10) months and fifteen (15) days beyond the term of the moratorium established by Interim Urgency Ordinance No. 441, through and including November 10, 2017. Ordinance No. 442 Page 3 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. Applicability This ordinance shall apply to proposed new massage establishments as defined in Municipal Code Section 5.48.020, but shall not apply to proposed new or proposed expansion of existing day spas, salons, or similar uses that will result in three or fewer massage stations, provided that less than 20 percent of the floor area is dedicated to massage services. SECTION 5. 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 Interim Urgency Ordinance No. 441 for an additional ten (10) months and fifteen (15) days from the date of expiration of Ordinance No. 441, through and including November 10, 2017. SECTION 6. Publication The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of 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 publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 21st day of December, 2016. 4 a ce S. Parvin, Mayor ATTEST: 0 Aii7opest. -14 Maureen Benson, City Clerk 0 -rr_st.--447 iv4 irt a Ordinance No. 442 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing interim Ordinance No. 442 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21st day of December, 2016 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 5th day of January, 2017 Maureen Benson, City Clerk (seal) + •