The URL can be used to link to this page

Home My WebLink AboutURG Ord 1198 - Moratorium Extension for Indpndnt Massage Establshmnts CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Extend for an additional 10-1/2 months the existing 45-day moratorium on issuance of Conditional Use Permits for independent massage establishments under the City's Massage Ordinance(P.D.M.0 Chapter 5.87),while options for long-term regulatory strategy are studied. SUBMITTED BY: Kevin Swartz, Assistant Planner DATE: October 8, 2009 CONTENTS: Ordinance No. 1 1 98 Legal Notice Recommendation: That the City Council, by minute motion, approve an extension for an additional 10-1/2 months to the existing 45-day interim moratorium on issuance of Conditional Use Permits for any independent massage establishments while the City's Massage Ordinance(Palm Desert Municipal Code Chapter 5.87) is studied and potentially amended. Discussion: The Massage Establishment Ordinance requires a Conditional Use Permit to assure that there is adequate parking and land use compatibility for all massage establishments. Staff is reviewing the current ordinance and researching ways in which it could be revised to enhance community compatibility and policing, and to assure that a balanced blend of business types is maintained throughout the city. On August 27, 2009 the City Council approved a 45-day moratorium on issuance of CUPs for all independent massage establishments. During the 45-day period, staff has been reviewing the possible impacts of limiting massage establishments, as well as, restrictions, and/or prohibitions. Staff is still in the process of researching this information and is requesting additional time extending the moratorium for an additional 10-1/2 months. Submitted by: Department Head: ' � �— Kevin Swartz auri Aylaian Assistant Planner Director, Community Development ,Approv I: CtTY COUNCILA TION l :?�i�,APPROVED� DENiED ECEIVED OTHER ,�'� n M. Wohlmuth f� ty Manager MEF.Ti G DATE � — � AYF,S: � � �,. ��, � , , : , NOES: � ABSENT: AI3STAIN: VI;RIFIED BY: � k � Ori�inal on Fite with Ci lerk's Offica ORDINANCE NO. 1198 AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING AN EXTENSION TO THE 45 DAY INTERIM MORATORIUM FOR UP TO ANOTHER 10-1/2 MONTHS 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 8th day of October 2009, hold a duly noticed public hearing to consider extending 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, 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 an extension of the 45 day interim moratorium for up to another 10-1/2 months 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 ORDINANCE NO. 119s 2. 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 3. 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. 4. the City staff is requesting the extension for an additional 10-1/2 months to study the issues identified with land use, enforcement, balance of business types, and community compatibility. 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 10-1/2 months 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 ten and one half (10-1/2) months from the date of adoption unless extended by the City Council as provided for in the Government Code. ORDINANCE NO. 1198 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. PASSED, APPROVED and ADOPTED this day of , 2009, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney C � y o c� o m m � sN C n � ai p ai � � 00 � � � 0 � �' _,: � � oo `� O � �- w `D O � � y � � �' � no 3 � r �. � � fD 6 � � o � � 6-o . C� 2 oo � ac �D � ai � Q m m � � � �� n � Z � � , � Q � � � - - _ � .� o y � � v�ivi �- � � � � y ,� 0 � cn � � m � � aN �� o � Q < -�a c� �. � w � o c> �' �] o � � Om -� p �D � � m -a � w o � � w� � a�i ={ �- �• � � � � G � � mc � � �°v� � m � � � � �. � Z � ai �' = � -� ZC � -, � a o � m �, m o � � v, y � o o m � � — N (D fn O N m � n' � m � � a � � �, `�°-,� x c� Q � � � ZZ o aw. � ° �• �D m � � Q- i�c�n ,Z' m � a n c m � � �° gm � y � � ? c�'i � � � �, m � NNW � .. n �no53� � ci -I c� � � Cac � r' m ¢' � � � � a� a' C� c � � � L7D m0 `� �Dca� � w �Dmmw y � pmmm DD � r C�� • �v ='• � m � =� w � N r � Q,� � �cc � �' v0 Q � m � � � n Q � � nWc' � � Ny � � '� G � w � 3c � � o eu m om m Q: o -i � � (7171 � � o ;�� o ° � � y � o� �` � o av� zn rnm � � co Q � (� �' � � m N �'. = =. '� = � Q � � � -o Q, m � o o' .. cn ao o � � 111 � � C -� pcQ'n o m — � � � N w � � ,v�i �' � '� rnpZ y � "� �. � � c o � �• w. �' ° � � � Z � � _ ° � Qo � � Q � � � � � — acna � � � � -� � _. _.� � � r w n � � � `� � �• � °� �-a � � � V� � CX N �: Q �. < � a� o c� � � � � = m � o m , � cn -, m -�. cn m Q C — R1 3 � o u, � o o .. � a� v, r � � � '� �c �° m`° m w �. � � � vmmz w °. � 3m -a o a � m rn0 � � � m � � � o �' �, vC� w � � � � � � � � .. a �, v � � � o v� �. �n � .� � N o �- w o cn aN c � � � O -{ -, o � .. �n � m � � m �. ma �' m? `-_'• m �' m NOI=71