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HomeMy WebLinkAboutNS-2766 - Extending Temporary Prohibition on Construction or Establishment of Any New Massage Parlor ORDINANCE NO. NS-2766 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 mayor 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 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 Ordinance No. NS-2766 Page 1 of 4 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 properly 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. 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 Ordinance No. NS-2766 Page 2 of 4 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. 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-M, inclusive of this ordinance. Ordinance No. NS-2766 Page 3 of 4 ADOPTED this 5th day of Mav, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Council members: Alvarez. Benavides. Bustamante. Martinez. Pulido. Sarmiento. Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2766 to be the original ordinance adopted by the City Council of the City of Santa Ana on Mav 5 . 2008. /' Patricia E. Healy Clerk of the Council City of Santa Ana Date: s-=-- V 7 ~ t) 5? ~~~ Ordinance No. NS-2766 Page 4 of4