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Home My WebLink AboutAGENDA REPORT 2016 1221 CCSA REG ITEM 08A ITEM 8.A. CITY IA City Council Meeting Of_LA Al."0/Cv ACTION: �, lid ;c44_ Lo • c/iLIA ICY: MOORPARK CITY COUNCIL AGENDA REPORT A . TO: Honorable City Council /41 FROM: Joseph Fiss, Economic Development and Planning Manager DATE: December 15, 2016 (CC Meeting of 12/21/2016) SUBJECT: Consider Adoption of an Interim Ordinance of the City of Moorpark, California, Extending the 45-Day Moratorium Initiated by Ordinance No. 441, 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 within the City of Moorpark, by 10 Months and 15 Days, to November 10, 2017 Pursuant to Government Code Sections 65858, 36934 And 36937; and, Making a Determination This Action Is Not a Project Approval Subject to the California Environmental Quality Act BACKGROUND/DISCUSSION Existing Moratorium on New Massage Establishments On November 11, 2016, the Moorpark City Council enacted an Interim Urgency Ordinance to place a 45-day moratorium prohibiting the approval of any business registration, use permit or any application for massage establishments in any zone during the pendencyof the City's consideration of amendments to the Moorpark Municipal Code to regulate massage establishments consistent with new State law. This moratorium is scheduled to expire on December 26, 2016, and the City Council has directed staff to schedule and notice a public hearing for December 21, 2016 to consider extending the moratorium. Notice of the Public Hearing to consider an extension of the moratorium was published on December 10, 2016. Proposed Interim Ordinance A draft interim ordinance has been prepared to extend the moratorium on new massage establishments. If adopted, the Ordinance (Attached) would extend the temporary moratorium on the issuance of any entitlement or permits for -new massage 1 Honorable City Council December 21, 2016 Page 2 establishments in the City of Moorpark for an additional 10 months and 15 days, through and including November 10, 2017, allowing staff to conduct the necessary research and prepare draft amendments to the Moorpark Municipal Code related to massage establishments. Recent State legislation has granted the City additional authority to regulate massage establishments, and staff will study and evaluate that legislation to ensure the City's regulations are consistent with this new authority. If draft amendments are completed for Council's consideration prior to November 10, 2017, staff would recommend the Interim Ordinance be rescinded at the time such new regulations become effective. While staff will be evaluating requirements for "Massage Establishments", it is appropriate to provide an exemption to this moratorium for uses, such as day spas and salons, which provide massage as ancillary services, but not as their primary business. The proposed interim ordinance would 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. STAFF RECOMMENDATION 1. Open the public hearing, take public testimony and close the public hearing. 2. Adopt Interim Ordinance No. . (4/5 Roll Call Vote Required) ATTACHMENTS: 1. Draft Ordinance 2 • ORDINANCE NO. 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. 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, 3 CC ATTACHMENT Ordinance No. Page 2 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. 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 4 Ordinance No. Page 3 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. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 5