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HomeMy WebLinkAbout91-11 - Extending a Moratorium on the Issuance of Permits for New Massage Establishments and Prohibiting the Expansion of Existing Massage Establishments Pending Completion of a Planning Study and Approval of Zoning OrdinancesORDINANCE NO. 91-11 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW MASSAGE ESTABLISHMENTS AND PROHIBITING THE EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS PENDING COMPLETION OF A PLANNING STUDY AND • APPROVAL OF ZONING ORDINANCES. 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 more than (45) licensed massage establishments currently operate within the City. More massage establishments currently exist within the City of Newport Beach than any other Orange County city. Newport Beach has more massage establishments 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 Beach are fronts for prostitution. C. Massage parlors may have the potential, individually, collectively, or in combination with other adult uses, to reduce property values in their immediate vicinity, reduce the desirability of surrounding areas for residential or 1 commercial uses, increase the rate of crime and criminal conduct in the vicinity, cause neighboring businesses to move to other locations and otherwise contribute to a blighted or "skid row" condition in the vicinity. D. The majority of Orange County Cities have adopted • zoning ordinances which impose locational restrictions, conditional use permit requirements and other controls on the location and operation of massage establishments. These ordinances recognize that massage establishments have the potential to cause adverse direct and secondary impacts on nearby land uses. These zoning and regulatory 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. On January 14, 1991, the Newport Beach City Council adopted an interim moratorium on the issuance of any permit • for a new massage establishment or the expansion of an existing massage establishment. On February 11, 1991, the City Council received and approved a report on the actions taken by staff to respond to the emergency identified in the ordinance and the measures staff intends to take in the near future. The City Council is authorized to extend the current moratorium for a period of ten months and forty -five days after notice pursuant to Section 65090 of the Government Code and a public hearing. The required notice has been given and the public hearing has been held. F. 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 E 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 or operation; 4. The City requires additional time to study the appropriate controls, if any, that should be imposed on the location or operation of massage establishments, and the study cannot be conducted until a status quo is maintained for sufficient time to allow evaluation of the impact of such uses. • 5. The approval of any regulatory or zoning permit for massage establishments would result in a threat to public health, safety and welfare, and an extension of the interim moratorium adopted by the City Council on January 14, 1991 is necessary to eliminate such threat. 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. Except as provided in Subsection D., 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. Except as provided in Subsection D., no existing 3 massage establishment shall increase the area devoted to the administration of massages, nor increase their hours of operation during the term of this ordinance. D. This ordinance shall not prohibit the expansion of an existing massage establishment, nor the issuance of any license, permit or authorization in conjunction with the proposed expansion, if the expansion is required, in whole or in part, to comply with the provisions of Chapter 5.50 of the Newport Beach Municipal Code. SECTION 3: Planning Study The Planning Department is hereby directed to continue to 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 after the study is complete. In the event the City Council has not taken action to terminate the moratorium and repeal this ordinance prior to December 9, 1991, the • Planning Department shall submit a written report to the City Council on or before that date, describing 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 pursuant to the provisions of Section 15305 of the CEQA Guidelines. SECTION 5: Term. isThis ordinance shall become effective on February 25, 1991, and shall remain in effect for a period of ten (10) months and forty -five (45) days thereafter unless earlier terminated or repealed by ordinance of the City Council. 4 • • • 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 25th day of February, 1991, and adopted on the 25th day of February, 1991, by the following vote, to -wit: AYES, HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYOR 5