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Home My WebLink About75C - PH MASSAGE MORATORIUMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 2, 2007 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE EXTENDING A MORATORIUM FOR 10 MONTHS AND 15 DAYS ON THE ESTABLISHMENT OF MASSAGE PARLORS CITY MANAGER APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1~' Reading ^ Ordinance on 2n° Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Approve an emergency ordinance of the City of Santa Ana extending a temporary moratorium on the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permits, for a period of 10 months and 15 days. DISCUSSION The City adopted a 45 day moratorium on May 21, 2007 to prohibit the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permits. In 2006 the City had received only seven applications for massage related permits. But in the month prior to the adoption of the 45 day moratorium, over 23 individuals sought applications for massage related permits from the City. This upswing 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. While some massage parlors are beneficial to the community and offer needed services, others have been associated with a number of detrimental impacts such as prostitution, late hours of operation, reduced property values and noise. Provisions of Chapter 41 of the Santa Ana Municipal Code do not specifically identify massage parlors as a land use or designate zoning districts throughout the City where massage parlors may be permitted. As such, these provisions of the Santa Ana Municipal Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of massage parlors and the potential establishment of new massage parlors in the City. 75C-1 Massage Parlor Moratorium July 2, 2007 Page 2 In addition, 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. Since May 21st, staff has held interagency meetings and has commenced 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. In addition, staff has begun review of Chapter 22 of the Code should to determine how it should be amended to fully protect the City. The proposed interim ordinance will prohibit the establishment of any massage parlor, expansion of existing massage parlors, or issuance of new (non- replacement) massage technician permits for the balance of the year while these studies are underway. FISCAL IMPACT There is no fiscal impact associated with this action. ~~ M. Trevino Executive Director Planning & Building Agency BK:rb rb/reports/Massage Parlor Moratorium Extension Paul Walters Chief of Police 75C-2 ORDINANCE NO. NS-XXXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING FOR 10 MONTHS AND 15 DAYS 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 may or 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. 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 No. NS-2744, staff has held interagency meetings and has commenced 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. In addition, staff has begun Ordinance No. NS - XXXX Page 1 of 5 75C-3 review of Chapter 22 of the Code should to determine how it should be amended to fully protect the City. 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 property 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 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 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 Ordinance No. NS - XXXX Page 2 of 5 75C-4 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 July 2, 2007 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. O. One application for a massage establishment permit was completed prior to the adoption of Ordinance No. NS-2744. The Police Department, and other city agencies, has completed processing this single application including performing background checks on the applicant's principals. The Police Department recommends that the City Council grant relief from the effects of the moratorium to this single applicant, who will be located at 2800 North Main Street, Suite 404 (Permit No. 07-10514). No other individual or applicants are in a similar situation. Section 2. Extension of Moratorium Ordinance. a. The City Council hereby extends Ordinance No. NS-2744, and each and every substantive provision thereof, for a period of ten (10) months and fifteen (15) days. 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 ten (10) months and fifteen (15) days from the date of its adoption; unless, however, after public hearing the City Council members, by two-thirds (2/3) vote, extend this ordinance for one additional year. Section 4. The provisions of this ordinance shall not bar the issuance of a massage establishment permit (or massage technician permits) to the facility currently under construction at 2800 North Main Street, Suite 404 (Permit No. 07- ype10514). Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance or Ordinance No. NS-2744. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Ordinance No. NS - XXXX Page 3 of 5 75C-5 Section 6. The Clerk of the Council shall certify to the adoption of this ordinance. Section 7. 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-O, inclusive of this ordinance. ADOPTED this day of , 2007. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS - XXXX Page 4 of 5 75C-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Ordinance No. NS - XXXX Page 5 of 5 75C-7 75C-8