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ROH 3/2/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 22 AND 41 OF THE SANTA ANA MUNICPAL CODE TO UPDATE THE CITY'S REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify massage parlors as a land use or specifically designate zoning districts throughout the City where massage parlors may or may not be permitted. B. For this reason, on May 21, 2007, at a regularly scheduled public meeting, the City Council adopted Ordinance No. NS-2744, which established a moratorium to prohibit the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permit. Thereafter, on June 27, 2007, at a regularly scheduled, duly noticed public hearing, the City Council adopted Ordinance No. NS 2753, which extended this moratorium until May 17, 2008. Thereafter, on May 5, 2008, at a regularly schedules, duly noticed public hearing, the City Council adopted Ordinance No. NS 2766, which again extended this moratorium until May 5, 2009. C. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of massage parlors and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and/or the Santa Ana Municipal Code ("the Code"), including Chapters 22 and 41, need revision in order to respond to recent concerns relating to the potential establishment of new massage parlors, expansion of existing massage parlors, or adding new massage technicians, within the City. Ordinance No. NS-XXX 11 A-1 Page 1 of 36