HomeMy WebLinkAboutAGENDA REPORT 2016 1111 CC SPC ITEM 05A ITEM 5.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL BY: .G . _• __ _____
AGENDA REPORT
TO: Honorable City Council
FROM: Prepared by: Joseph Fiss, Economic Development and Planning
Manager
DATE: November 9, 2016 (CC Special Meeting of 11/11/2016)
SUBJECT: Consider an Interim Urgency Ordinance Prohibiting 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 and Declaring the Urgency Thereof and the Immediate
Effectiveness of this Ordinance Pursuant to Government Code
Sections 65858, 36934 And 36937
BACKGROUND / DISCUSSION
On February 16, 2011, in response to Senate Bill (SB) 731, the City Council adopted
Ordinance No. 398, replacing Chapter 5.48 Massage Establishments and Therapists, of
Title 5 Business Taxes, Licenses and Regulations; and amending Section 17.08.010
Application of Definitions of Chapter 17.08 (Definitions), and Section 17.20.060
(Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone),
of Title 17 Zoning, of the Moorpark Municipal Code.
SB 731, enacted by the state on September 27, 2008, provided for voluntary statewide
certification of massage therapists and restricted local regulation of massage
establishments and massage therapists or practitioners certified by the California
Massage Therapy Council (CAMTC). Local jurisdictions were still allowed to regulate
uncertified massage establishments and massage therapists or practitioners. Prior to
this, there was no statewide regulation of the massage industry. SB 731 was modified
several times, but subsequently expired on January 1, 2015. For instance, in 2011, AB
619 provided that the only manner in which local government could exercise traditional
land use restrictions on an individual certified by CAMTC or an establishment certifying
CAMTC certified practitioners was if those same regulations were placed upon all other
individuals and businesses providing "professional services".
Due to the reduction of barriers to entry, this legislation created a substantial increase in
the number of massage establishments within local jurisdictions, while at the same time
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Honorable City Council
November 11, 2016
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law enforcement agencies throughout the State reported increased complaints
concerning prostitution and human trafficking.
Prior to the sunset of SB 731, Governor Brown signed Assembly Bill (AB) 1147,
expanding local agencies' ability to regulate massage therapists and establishments
within their jurisdictions, allowing them to impose reasonable zoning, business licensing
and health and safety requirements for massage businesses, as well as requiring
conditional use permits, and regulating hours of operation. This law divided
responsibility for massage regulation between the State (regulating the certification of
massage professionals though the CAMTC) and local governments (regulating
massage businesses through their regulatory and land-use authority).
In anticipation of AB 1147 sunsetting on January 1, 2017, Governor Brown signed AB
2194 into law on September 22, 2016, was by, providing some clean-up and extending
its provisions to January 1, 2021. AB 2194 states that local governments shall impose
and enforce only reasonable and necessary fees and regulations on massage
businesses and massage establishments, in keeping with the requirements of existing
law and being mindful of the need to protect legitimate business owners and massage
professionals, particularly sole providers, and that local governments should give strong
consideration to establishing a registration program that grants local governments the
ability to either suspend or revoke a registration of massage business for specific
violations.
Staff recommends the adoption of an interim urgency ordinance (Attachment 1) to place
a 45-day moratorium on the issuance of any entitlement or permits for new massage
establishments. Enacting this moratorium would allow City staff time to determine
appropriate zoning regulations to protect the public health, safety, and welfare
consistent with State law the City Attorney has reviewed the draft interim urgency
ordinance. A 4/5 vote is required for adoption.
If adopted, this interim urgency ordinance would expire on Monday, December 26,
2016. If staff is unable to complete the necessary work prior to December 26, 2016, a
schedule and recommendation for extension of the moratorium would be provided. A
public hearing is required for adoption of an extension ordinance. Staff anticipates
additional time will be necessary to thoroughly research and evaluate any proposed
code changes and recommends the City Council direct staff to schedule and notice a
public hearing for December 21, 2016 to extend the Interim Ordinance.
STAFF RECOMMENDATION (ROLL CALL VOTE 415TH AFFIRMATION)
1. Adopt Ordinance No.
2. Direct staff to schedule and notice a public hearing for December 21, 2016 to
extend the Interim Ordinance.
ATTACHMENT: Draft Ordinance
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ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE PROHIBITING 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
AND DECLARING THE URGENCY THEREOF AND THE
IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE
PURSUANT TO GOVERNMENT CODE SECTIONS 65858,
36934 AND 36937
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 (AB 2194 signed into law on September 22,
2016,) 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.
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Ordinance No.
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. 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, 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.
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 least a 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.
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Ordinance No.
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 11th day of November, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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