HomeMy WebLinkAbout75C - PH EMERGENCY ORD MASSAGE PARLORSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 5, 2008
TITLE:
PUBLIC HEARING - EMERGENCY
ORDINANCE EXTENDING A MORATORIUM
FOR 12 MONTHS ON THE ESTABLISHMENT
OF MASSAGE PARLORS
C Y MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt an emergency ordinance of the City of Santa Ana extending a
temporary moratorium on the establishment of any new or expansion of any
existing massage parlor, or issuance of new (non-replacement) massage
technician permits, for a period of 12 months or until a permanent
ordinance is adopted and effective.
DISCUSSION
The City adopted a 45 day moratorium on May 21, 2007 to prohibit the
establishment of any new or expansion of any existing massage parlor or
issuance of new (non-replacement) massage technician permits. This
moratorium was extended for an additional 10 months and 15 days on July
2, 2007 in order to allow the Planning Division and Police Department to
create development standards to better regulate this use. Prior to the
adoption of the current moratorium, over 23 individuals sought
applications for massage related permits from the City. This upswing
followed the March 2007 raid by the Orange County District Attorney and
several police departments of ten facilities (massage parlors or
acupuncture clinics) in Anaheim, Orange, Tustin and Dana Point as being
alleged fronts for prostitution.
While many massage parlors are beneficial to the community and offer
needed services, others have been associated with a number of detrimental
impacts such as prostitution, after-hours operation, reduced property
values and noise. Chapter 41 of the Santa Ana Municipal Code does not
specifically identify massage parlors as a land use or designate zoning
districts throughout the City where massage parlors may be permitted. As
such, these provisions of the Municipal Code need review, study and
possible revision in order to respond to recent concerns relating to the
impacts of massage parlors and the potential establishment of new massage
parlors in the City.
75C-1
Massage Parlor Moratorium
May 5, 2008
Page 2
In addition, 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.
During the present moratorium, staff has held interagency meetings and
has commenced a study of the current provisions of the General Plan and
Municipal Code to classify massage parlors and to determine where and
under what conditions such businesses should be permitted in the City.
Although the creation of these necessary development standards is
complete, the process for reviewing and approving an amendment to the
Municipal Code requires approval of both the Planning Commission and City
Council. On April 28, 2008, the Planning Commission held a public
hearing on the proposed modifications. After receiving testimony from
the public, the Commission continued the item for 60 days to allow staff
time to address their concerns regarding several of the proposed
regulations. However, in order to prevent any lapse in the moratorium,
which would negate the efforts of the various agencies over the last
year, it is necessary to extend the moratorium until the proposed
ordinance has been reviewed, approved and becomes effective. The
proposed extension of the ordinance will prohibit the establishment of
any massage parlor, expansion of existing massage parlors, or issuance of
new (non-replacement) massage technician permits for an additional 12
months, or until a permanent ordinance is approved by the Planning
Commission and City Council and becomes effective.
FISCAL IMPACT
There is no fiscal impact associated with this action.
y M. Trevino
Executive Director
Planning & Building Agency
Paul Walters
Chief of Police
MF:rb
mf/development projects/massage ordinance/new massage moratorium extension 5-5-OB
75C-2
ORDINANCE NO. NS-XXXX
AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA EXTENDING THE 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 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.
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
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.
D. 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. Since adoption of Ordinance Nos.
NS-2744 and NS-2753, staff has held interagency meetings and has
completed a study of the current provisions of the General Plan and Chapter
Ordinance No. NS - XXXX
Page 1 of 5
75C-3
41 of the Code to classify massage parlors and to determine where and under
what conditions such businesses should be permitted in the City. These
efforts have led to preparation of proposed amendments to Chapters 22 and
41 of the Santa Ana Municipal Code. At a meeting held on April 22, 2008,
these proposed amendments were shared with interested owners and
operators of massage establishments at a public meeting held in City Hall.
The City's Planning Commission held a duly noticed public hearing on these
proposed changes to the Santa Ana Municipal Code on April 28, 2008; after
closing the public hearing and deliberating the Commission unanimously
continued consideration of these proposed amendments to its meeting of
June 23, 2008.
E. 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.
F. In all of calendar year 2006, the City received only seven applications for
massage related permits.
G. But in the month prior to the adoption of Ordinance No. NS-2744 alone, over
23 individuals sought applications for massage related permits from the City.
H. This upswing closely followed the March 2007 raid by the Orange County
District Attorney and the police departments 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.
I. 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.
J. 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.
K. 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.
Ordinance No. NS - XXXX
Page 2 of 5
75C-4
L. In order to prevent frustration of said studies, hearings, draft code
amendments 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.
M. The Request for Council Action for this ordinance dated May 5, 2008 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.
N. 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-M of this ordinance.
Section 2. Extension of Moratorium Ordinance.
a. The City Council hereby extends Ordinance Nos. NS-2744 and
NS-2753, and each and every substantive provision thereof, for the period
specified in section 3 of this ordinance.
b. This ordinance is introduced, passed and adopted and thereafter is
immediately effective pursuant to Section 415 of the City Charter.
Section 3. This ordinance shall have no further force and effect once a future
ordinance amending Chapters 22 and 41 of the Santa Ana Municipal Code
becomes effective, or one year, from the date of adoption of this ordinance,
whichever comes first.
Section 4. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of this ordinance or Ordinance Nos. NS-2744 or
NS-2753. The violation of any provision of this ordinance shall be punished as
provided in Section 1-8 of the Code.
Ordinance No. NS - )OOCX
Page 3 of 5
75C-5
Section 5. The Clerk of the Council shall certify to the adoption of this
ordinance.
Section 6. 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-O, inclusive
of this ordinance.
ADOPTED this day of
2008.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS - XXXX
Page 4 of 5
75C-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS - XXXX
Page 5 of 5
75C-7
75C-8