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Home My WebLink AboutOrd No. 1216 - Ch. 5.87 1yr. Moratorium of Indpndnt Massage Est. CITY OF PALM DESERT OFFICE OF CITY ATTORNEY STAFF REPORT REQUEST: Extend for an additional one-year period of time the moratorium regarding the issuance of Conditional Use Permits for independent massage establishments under the City's Massage Ordinance PD-MC chapter 5.87 while options for long-term regulatory strategy are studied, planned and presented to the City Council for implementation. SUBMITTED BY: David J. Erwin, City Attorney DATE: August 26, 2009 CONTENTS: Ordinance No. 1216 Legal Notice Recommendation: That the City Council, by ordinance, approve an extension for an additional one-year period of time to the existing moratorium on the issuance of Conditional Use Permits for any independent massage establishments while the Massage Ordinance of Palm Desert Municipal Code 5.87 is studied and potentially amended. Discussion: This moratorium ordinance is the companion to a separate item on this agenda, which proposes modifications to the City's existing Massage Ordinance. During the moratarium period, the City staff has been studying the issue and has arrived at a recommendation for consideration by the City Council. This recommendation cannot be implemented prior to the expiration of the existing moratorium. The current Massage Establishment Ordinance requires a Conditional Use Permit to assure that there is adequate parking and land use compatibility for all massage establishments. Under separate cover staff will be presenting revisions to the existing ordinance that will enhance the community compatibility and policing, and to ensure that a balance of land and business types are maintained throughout the City. On August 27, 2009, the City Council approved a 45-day moratorium on the issuance of Conditional Use Permits for all independent massage establishments. The Council thereafter, on October 8,2009, extended such moratorium for ten and one-half months which moratorium will expire on August 27, 2010. The staff has in process, after considerable study and research, the existing ordinance, amendments and refinements that will be presented to the City Council under RMBUS\DERWIN�317624.1 separate cover at this meeting. These changes reflect the needs of the community and the modifications that staff is recommending with regard to the current Massage Establishment Ordinance. However, since the changes cannot be adopted and enacted until 30 days after a � second reading,staff recommends approval of the Ordinance No. 1216 to extend the moratorium while such second reading and enactment transpire. RM BUS\DERW IN\317624.I Submitted b : Department Head: / _�._._ Da d J. in Lauri Aylaian City Attorney Director, Community Development L J n ohlmuth C��'A�� City anager APPROVED j»D RECEIVED., UTHER ��„r,� �� o MEET DATE AYES: ' - NOES: ABSENT; L ABSTAIN: F VERtFIED BYs � x Original on Fik wit6 City k*s�Qfliq RMBUS\DERW IN\317624.I ORDINANCE 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 E5TABLISHMENTS 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. RMPUB\DERW fN\317753.1 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 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\DERW W\317753.1 � PASSED, APPROVED AND ADOPTED this day of August , 2010,by the City of Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA � � APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY • RMPUB\DERW IN\317753.1 � �: '� L � � � U i i 1i � i�� i,r � 1 � i1 � �t � 73-5io Fat.o W,�ain;c DKivt �, P�i.�i D�sE�.kr,C,�LiEuknin 9zz6o—z57� TL�:760 346-06�� , tnx:760 34i—�o98 �� Foc�p�i�,-d�-„��.�,��; CITY OF PALM DESERT LEGAL NOTICE CONSIDERATION BY THE CITY COUNCIL TO EXTEND FOR AN ADDITIONAL ONE-YEAR PERIOD OF TIME THE MORATORIUM REGARDING THE ISSUANCE OF CONDITIONAL USE PERMITS FOR INDEPENDENT MASSAGE ESTABLISHMENTS, WHILE OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE STUDIED. PROJECT DESCRIPTION: The City Council will consider extending the moratorium on Independent Massage Establishment so that the City can continue modifications to Palm Desert Municipal Code Title 5 Business Taxes, Licenses and Regulations, Chapter 5.87, Massage Establishments and Massagists. PROJECT LOCATION: City wide, City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday,August 26, 2010 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. information concerning the proposed moratorium is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to,the public hearing. PUBLISH: Desert Sun Rachelle Klassen, City Clerk August 14, 2010 City of Palm Desert, California