HomeMy WebLinkAboutORD 1193ORDINANCE NO. 1193
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING A 45
DAY INTERIM MORATORIUM ON THE ISSUANCE OF
CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE
ESTABLISHMENTS.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271'
day of August, 2009, hold a duly noticed public hearing to consider imposing a 45-day
interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, on June 16, 2009 the Planning Commission recommended approval
that a moratorium be placed on the issuance of Conditional Use Permits to independent
massage establishments until the City Council considers and enacts an alternative
ordinance; and
WHEREAS, the City is receiving applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective
implementation of important proposed goals and policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose a 45
day interim moratorium on the issuance of independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional
Use Permits to independent massage establishments prior to consideration and adoption of
an alternative ordinance would pose a current and immediate threat to the public health,
safety, and welfare, and that a temporary moratorium on the issuance of such permits is
thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium on
issuance of Conditional Use Permits to independent massage establishments.
B. This ordinance is an interim urgency ordinance adopted pursuant to
Government Code Section 65858, and is for the immediate preservation of the public
health, safety, and welfare. The facts constituting urgency are:
1. the City has recently received a large number of Conditional Use Permits for
independent massage establishments which must be reviewed by the Planning Commission
prior to their issuance; and
2. the current municipal code section regulating such permits is difficult for the
Planning Commission to apply because more concrete language is needed; and
ORDINANCE NO. 1193
3. the City staff wants to revise the ordinance for adoption by the City Council to
ensure that independent massage establishments do not create public safety hazards or
diminish property values; and
4. absent the adoption of this interim urgency ordinance, Conditional Use
Permits allowing independent massage establishments in an unsafe manner that decreases
property value may be issued.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on of the issuance of Conditional Use Permits to independent massage
establishments is necessary to prevent approval of additional permits that may be
inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently
under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for a Conditional Use
Permit to independent massage establishments within 45 days of this ordinance while
Chapter 5.87 Massage Establishments is under review for potential amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-
60", in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four -fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the
date of adoption unless extended by the City Council as provided for in the Government
Code.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
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ORDINANCE NO. 1193
PASSED, APPROVED and ADOPTED this 27th day of August, 2009, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGEL, MAY
ATTEST:
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RA HELLE D. KLSSE, , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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APPROVED AS TO FORM:
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DAVI J. E IN, CITY ATTORNEY
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