HomeMy WebLinkAboutORD 1216ORDINANCE NO. 1216
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS
TO INDEPENDENT MASSAGE ESTABLISHMENTS FOR UP TO
ANOTHER 12 MONTHS.
WHEREAS, on June 16, 2009 the Planning Commission recommended 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, on August 27, 2009, the City Council for the City of Palm Desert approved
the issuance of a 45-day moratorium on the issuance of Conditional Use Permits for all
independent massage establishments.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day
of October 2009, hold a duly noticed public hearing and extended for up to 10-1/2 months the
45-day interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, the City may receive 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 economic viability throught providing a
balance of business types and to protect the public health, safety, and welfare, the City Council
desires to adopt an ordinance to impose an extension of up to 12 months on the issuance of
Conditional Use Permits for 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 an extension of up to 12 months
duration on the 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 65868 and is for the immediate preservation of the public health, safety, and
welfare. The facts constituting urgency are as set forth in Ordinance No. 1998 previously
ORDINANCE NO. 1216
adopted after public hearing on October 8, 2009.
C. The City Council finds that the adoption of an ordinance extending a moratorium
on 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 until a modification of Chapter 5.87 has been considered
and approved by the City Council and is in effect.
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 up to 12 months from the date
of adoption unless extended by the City Council as provided for in the Government Code or the
earlier adoption of modifications to Chapter 5.87,
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.
RMPUB DERWIN017753 1
ORDINANCE NO. 1216
PASSED, APPROVED AND ADOPTED this 26th day of August, 2010, by the City of
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, and FINERTY
NOES: NONE
ABSENT: SPIEGEL
i
ABSTAIN: NONE
CIN Y FIN Y, MAYOR
ATTEST:
RACH LE D. KLASS N, CITY CLE K
CITY OF PALM DESERT, CALIFORNIA
APPROAS TO FORM:
DAVID J. OZWIN, CITY ATTORNEY
RMK)13\DI:RWIN\317753.1