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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manager
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DATE: November 14, 2016 (CC Meeting of 12/7/2016)
SUBJECT: Consider Report on the Measures Taken to Alleviate the Conditions
which Led the City to Enact the Interim Urgency Ordinance
Regarding Massage Establishments (Ordinance No. 441) on
November 11, 2016
BACKGROUND/DISCUSSION
On November 11, 2016, pursuant to Government Code § 65858, the Moorpark City
Council enacted a'45-day Interim Urgency Ordinance (Ordinance No. 441) to impose a
moratorium on permitting new massage establishments. The City Council directed staff
to schedule and notice a public hearing for December 21, 2016, to consider extending
the Interim Ordinance for an additional 10 months and 15 days (through and including
November 10, 2017). Absent any additional action, the Interim Ordinance would expire
after 45 days (December 26, 2016). Staff anticipates additional time will be necessary
to thoroughly research and evaluate any proposed code changes.
Government Code 66858 (d) states: "Ten days prior to the expiration of that interim
ordinance or any extension, the legislative body shall issue a written report describing
the measures taken to alleviate the condition which led to the adoption of the
ordinance." This "10-day" report must be issued on December 16, 2016.
The attached draft report describes the measures taken to alleviate the condition which
led to the adoption of the interim ordinance.
FISCAL IMPACT
None
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Honorable City Council
December 7, 2016
Page 2
STAFF RECOMMENDATION
Approve the 10-Day Report regarding Ordinance No. 441 pertaining to the Massage
Establishment Moratorium and issue the Report on December 16, 2016.
Attachment:
1. 10-Day Report Regarding Ordinance No. 441 and the Moratorium on Massage
Establishments
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SACommunity DeyelopmentlDEV PMTS1Z 0 Allnitiations‘2016 Massage Update1City Council 10 Day Reportdocx
REPORT ON THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED THE CITY OF MOORPARK
TO ENACT URGENCY INTERIM ORDINANCE NO. 441
REGARDING MASSAGE ESTABLISHMENTS
ON NOVEMBER 11, 2016
ISSUED BY THE CITY COUNCIL OF THE CITY OF
MOORPARK DECEMBER 16, 2016 PURSUANT TO
GOVERNMENT CODE SECTION 65858(d)
Background:
On November 11, 2016, pursuant to Government Code § 65858, the Moorpark City
Council enacted an urgency Interim Ordinance (the "45 Day Ordinance") to impose a
moratorium on permitting new massage establishments. Absent any additional action,
the Interim Ordinance will expire after 45 days (December 26, 2016). However, staff
anticipates additional time will be necessary to thoroughly research and evaluate
changes in state law and any proposed Municipal Code changes and has
recommended the City Council direct staff to schedule and notice a public hearing for
December 21, 2016 to extend the Interim Ordinance for an additional 10 months and 15
days, through and including November 10, 2017.
Reasons for the 45 Day Ordinance and Its Extension:
The urgency Interim Ordinance was adopted for the following reasons:
1. The 45 Day Ordinance was adopted to allow the City an opportunity to better
understand the impacts of AB 1147 and AB 2194 and to consider reasonable and
necessary processes, fees and regulations on massage businesses and
massage establishments, in keeping with the requirements of existing law and
being mindful of the need to appropriately permit legitimate business owners and
massage professionals.
2. Recent changes in State law have led to unexpected impacts as a result of
restrictions on local regulatory authority and have affected the ability for the City
to regulate massage establishments under its current Municipal Code.
3. AB 1147 and AB 2194 have restored a certain amount of local regulatory
authority which must be researched and evaluated.
4. Without examining its current regulations in light of these changes to the State
law, public welfare will be harmed by inconsistencies between local regulation 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, potentially creating non-
conforming uses and an unnecessarily more complex regulatory environment.
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5. 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 may
not reflect the needs and wants of the public. Furthermore, such approvals may
not adequately protect the public's health, safety and welfare. If the City fails to
enact this moratorium immediately, new entitlements for massage
establishments will create a current and immediate threat to the public health,
safety and welfare.
Measures Taken to Alleviate the Conditions Which Led to the Adoption of the
Ordinance:
On November 16, 2016, the City Council adopted Resolution No. 2016-3557, initiating
an amendment to the Zoning Ordinance related to permitting of massage
establishments, among other uses, and directing the Planning Commission to provide a
recommendation on the matter. Staff has initiated research on applicable law in this
area. Additionally, staff has continued to monitor recommendations from local law
enforcement and the California Massage Therapy Council (CAMTC) on regulations, and
is researching how other cities are dealing with AB 1147 and AB 2194.
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 community standards, while protecting the public health, safety, and
welfare.
Assuming the City Council elects to extend the interim urgency ordinance and
amendments to the Moorpark Municipal Code were to be approved by the City Council,
staff would at that time recommend rescinding the Interim Urgency Ordinance upon the
effective date of the new regulations prior to November 10, 2017.
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