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Home My WebLink AboutNS-2744 - Adopting a 45 Day Temporary Prohibition on Construction or Establishment of Any New Massage Parlor ORDINANCE NO. NS-2744 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 DAY TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW MASSAGE PARLOR THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. The City Council 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 mayor may not be permitted. B. 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 review, study and possible 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. C. Given these concerns, the City Council has requested that a study be undertaken of the current provisions of the General Plan and Chapters 22 and 41 of the Code to classify massage parlors and determine where, and under what conditions additional massage parlors should be permitted. In addition, the City Council has requested an analysis of the current permitting scheme for permitting of massage technicians to determine whether they fully meet the needs of the City's residents. D. Without adoption of this ordinance, properties in the City would quickly receive entitlements to establish massage parlors, expand existing massage parlors or persons would obtain permits to operate as massage technicians, despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by new and expanded permits for massage related activities. E. In all of calendar year 2006, the City received only seven applications for massage related permits. Ordinance No. NS-2744 Page 1 of 5 F. But in April of 2007 alone, the City received over twenty applications for massage related permits. G. This upswing closely followed the March 2007 raid by the Orange County District Attorney and the police departrnents of Orange and Anaheim of ten facilities (massage parlors or acupuncture clinics) in Anaheim, Orange, Tustin and Dana Point as being alleged fronts for prostitution. H. While some massage parlors are beneficial to the community and offer needed services, others in southern California have been associated with a number of detrimental impacts such as prostitution, late hours of operation, reduced property values and noise I. Chapter 22 of the Code, which regulates massage establishments and massage technicians and is enforced by the Police Department, has been substantially unchanged since 1976. For comparison, Anaheim, Orange and Costa Mesa have all updated their massage regulations within the last four years. J. If massage parlors are permitted in the City and left as currently regulated, they will pose a serious threat to the public interest, health, safety and welfare for the reasons stated above: K. In order to prevent frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments or general plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of massage parlors may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting massage parlors to be established or expanded, or new massage technicians to be permitted during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. L. The Request for Council Action for this ordinance dated May 21, 2007 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. M. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-L of this ordinance. Ordinance No. NS-2744 Page 2 of 5 Section 2. Prohibition a. No new massage parlor, whether as a primary use or an ancillary use, shall be established, constructed, permitted or expanded in the City of Santa Ana. b. No new massage technician permit shall be issued in the City of Santa Ana, expect that the City may issue a massage technician permit to any permitted massage establishment to replace permitted massage technicians who have left the establishment. Section 3. Definitions For the purposes of this ordinance, the following terms shall be defined as follows: A. "Massage" shall mean any method of treating the external parts of the body for remedial, hygienic or any other reason or purpose, whether by means of pressure, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus with or without supplementary aids such as oils, powders, creams or other similar preparations commonly used in this practice. . B. "Massage parlor" shall mean any facility or location or business conducted within the City wherein any person, for money or any other consideration, administers to another person a massage or health treatments involving massage as a significant function. Massage parlor shall not include any medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person, if licensed by the State of California. Nor shall massage parlor include an athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, spa or similar establishment. C. "Massage establishment" shall be defined as that term is defined in section 22- 1(b) of the Code. D. "Massage technician" shall be defined as that term is defined in section 22-1 (c) of the Code. E. "Primary use" shall mean a use that is not an ancillary use. F. "Ancillary use," shall be defined as that term is defined in section 41-13.5 of the Code. Ordinance No. NS-2744 Page 3 of 5 Section 4. This ordinance shall be adopted and thereafter be made immediately effective by two-thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter. Section 5. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two-thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, by two- thirds (2/3) vote, extend this ordinance one additional year. Section 6. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 7. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The city council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-L, inclusive of this ordinance. ADOPTED this 21st day of Mav. 2007. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /) Ordinance No. NS-2744 Page 4 of 5 AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Tinaiero (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2744 to be the original ordinance adopted by the City Council of the City of Santa Ana on Mav 21. 2007. Date: 5 - ~ '7~ C) '7 ~-, 't<..) Patricia E. Healy Clerk of the Council City of Santa Ana Ordinance No. NS-2744 Page 5 of 5