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HomeMy WebLinkAbout91-2 - Adopting a Moratorium on the Issuance of Any Permits for New Massage Establishments and Temporarily Prohibiting the Expansion of Existing Massage Establishments Pending Completion of a Planning StudyNo. 91- 2 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MORATORIUM ON THE ISSUANCE OF ANY PERMITS FOR NEW MASSAGE ESTABLISHMENTS AND TEMPORARILY PROHIBITING THE EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS PENDING COMPLETION OF A • PLANNING STUDY. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. The City Council is authorized, pursuant to provisions of the City Charter and Section 65858 of the Government Code, to adopt a temporary moratorium on the issuance of permits for, or the establishment of, land uses which may be in conflict with contemplated zoning ordinances • which the Legislative Body, or Planning Commission or Planning Department intends to study, within a reasonable period of time. B. The Newport Beach Police Department has determined that fifty -four (54) licensed massage parlors currently operate within the City. More massage parlors currently exist within the City of Newport Beach than any other Orange County City and Newport Beach has more massage parlors than Huntington Beach, Anaheim, Irvine, Costa Mesa and Santa Ana combined. The Police Department, based upon recent investigations and criminal intelligence information, believes that more than one -third of existing massage establishments within the City of Newport are fronts for prostitution. • C. Massage parlors may have the potential, individually or collectively with other adult uses, to reduce property values in their immediate vicinity, reduce the desirability of surrounding areas for residential or commercial uses, increase the rate of crime and criminal conduct in the vicinity, cause ON neighboring businesses to move to other locations and otherwise contribute to a blighted or "skid row" condition in the vicinity. D. A vast majority of Orange County Cities have adopted zoning ordinances which impose location restrictions, • conditional use permit requirements and other controls on the location and operation of massage establishments. These zoning ordinances have been adopted to protect the general health, safety and welfare and the City Council intends to study the potential impacts of massage parlors and the desirability of zoning ordinances which minimize or eliminate potential adverse effects on neighboring businesses and properties. E. This ordinance is deemed necessary as an emergency measure for preserving the public peace, health and safety in that: 1. Criminal activity, including prostitution, has • occurred in many of the massage establishments currently located in the City of Newport Beach; 2. The opening of additional massage establishments could individually or in combination with existing facilities, adversely impact property values in the vicinity, reduce the desirability of the neighborhood for certain commercial and residential uses and ultimately lead to blighted or "skid row" conditions in the vicinity; 3. There is currently no limit on the number or location of new massage establishments, and a continued increase in the number of such establishments can be expected if no restrictions are placed on their location Isor operation; 4. The City requires time to study the appropriate controls, if any, in the location or operation of massage establishments, and the study cannot be conducted until a status quo is maintained for sufficient time to allow 2 evaluation of the impact of such uses. SECTION 2: Moratorium. A. No new massage establishments, as that term is • defined in Chapter 5.50 of the Newport Beach Municipal Code, shall be established in the City of Newport Beach during the term of this ordinance. B. No permit, license or other authorization shall be issued to any person in conjunction with any proposal to open a new massage establishment or expand an existing massage establishment during the term of this ordinance. C. No existing massage establishment shall increase the area devoted to the administration of massages, nor increase their hours of operation during the term of this ordinance. SECTION 3: Planning Study • The Planning Department is hereby directed to immediately commence a study of the impacts, and potential impacts of massage establishments, to evaluate the type of zoning or land use controls appropriate to minimize or eliminate those impacts, and to report its findings to the City Council on February 25, 1991. The Planning Department is also directed to submit a written report to the City Council on February 11, 1991, with the report to describe, among other things, the measures taken to alleviate the conditions which led to the adoption of this ordinance. SECTION 4: CEQA Guidelines. The City Council determines that this ordinance is categorically exempt as that term is defined in the California • Environmental Quality Act (CEQA) and the CEQA Guidelines. SECTION 5: Term. This ordinance shall remain in effect for forty -five (45) days 3 from the date of adoption and thereafter shall no force and effect. SECTION 6: Severability. The City Council of the City of Newport Beach hereby declares •that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the portion declared invalid. SECTION 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of January, 1991, and adopted on the 14th day of January, 1991, by the • following vote, to -wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYOR ATTEST: • 4