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HomeMy WebLinkAbout92-2 - Adding Chapter 20.68 to the Newport Beach Municipal Code Pertaining to Massage EstablishmentsNO. 92 -2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.68 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS. The City Council of the City of Newport Beach does hereby • ordain as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment. B. On January 14, 1991, the Newport Beach City Council adopted a forty -five (45) day interim moratorium on the issuance of any permit for a new massage establishment or the expansion of an existing massage establishment. C. The interim moratorium was extended on February 25, 1991 • and on December 9, 1991 for the purpose of studying appropriate controls or limitations which should be imposed upon the location or operation of massage establishments. D. Staff has determined that forty -three (43) licensed massage establishments currently operate within the City. Twenty- seven (27) of these establishments currently operate within less than five hundred feet of another massage establishment. E. More massage establishments currently exist within the City of Newport Beach than any other Orange County city. Newport Beach has more massage establishments than 11 other cities combined, including Huntington Beach, Anaheim, Fullerton, Irvine, Costa Mesa and Santa Ana. isF. 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. G. Planning studies have shown that the zoning and regulatory ordinances in other cities have the effect of minimizing and /or eliminating the potential adverse effects that massage -1- establishments, especially those which operate as fronts for prostitution, have on neighboring businesses and properties. H. The Police Department, based upon recent investigations and criminal intelligence information, has found that some of the massage establishments within the City of Newport Beach are • operated as fronts for prostitution and other unlawful sexual activity. City staff and the Police Department have received calls from citizens reporting acts of solicitation and prostitution at various massage establishments. I. The high concentration of massage establishments has the potential, collectively or in combination with other adult uses, to reduce the property values in their immediate vicinity, and reduce the desirability of surrounding areas for residential or commercial uses, or for redevelopment of the area, potentially causing a higher vacancy rate in the commercial areas and otherwise contributing to a blighted condition in the vicinity. J. The requirement that massage establishments be located more than 500 feet from one another, from schools, parks, • playgrounds, government buildings and churches and then be permitted within designated commercial areas, will tend to mitigate impacts associated with concentrations of massage establishments. K. Pursuant to Section 20.84.30, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 742 to Title 20 of the Newport Beach Municipal Code. L. Amendment No. 742 is deemed necessary as a measure for preserving the public peace, health and safety in that: 1. Unlawful sexual activity, including prostitution, has occurred in some 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 discourage redevelopment of blighted conditions in the vicinity; 3. There is a need to disperse the location of existing massage establishments, to reduce the high demand on City -2- police services to investigate those businesses that allow unlawful sexual activity to occur and administrative services to enforce the provisions of this Code. A continued increase in the number of such establishments can be expected if no restrictions are is placed on their location or operation. 4. The restrictions and development standards contained in Amendment No. 742 will tend to mitigate and possibly avoid the harmful secondary effects on the community associated with massage establishments that operate as fronts for prostitution. SECTION 2: Chapter 20.68 of the Newport Beach Municipal Code is adopted to read: CHAPTER 20.68 M A S S A G E E S T A B L I S H M E N T S sections: 20.68.005 Intent And Purpose. • 20.68.010 Definitions. 20.68.020 Massage Establishment As An Ancillary Use. 20.68.025 Massage Establishment As An Independent Use. 20.68.030 Amortisation. 20.68.005 Intent And Purpose. It is the purpose of this Chapter to establish reasonable and uniform regulations which will serve to protect the health, safety, peace, morals, comfort or general welfare of the community by dispersing the location of massage establishments, as defined herein, thereby preventing their continued concentration within certain noncommercial areas of the City of Newport Beach and by establishing specific Zoning Districts in which such establishments shall be permitted. It is the intent of this Chapter that the regulations be utilized to promote operation of legitimate massage services, and • to prevent problems of blight and deterioration which accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 20.68.010 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "Massage Establishment" shall mean any business conducted within the City of Newport Beach where any person, for -3- money or any other consideration, administers to another person a massage as defined in Section 5.50.010 of the Newport Beach Municipal Code. B. "Establishment" shall include the opening of such a business as a new business, the relocation of such business, or the • conversion of an existing business location to any `massage establishment' use, the expansion of any existing business, the alteration or enlargement of any existing business, or any of the uses within such a business, or any addition to existing uses within an existing business. 20.68.020 Massage Establishments As An Ancillary Use. A massage establishment which is operated as an ancillary use in conjunction with an approved health club, athletic club, gym, or hotel which is or will be operated pursuant to an approved use permit; or in conjunction with a medical office or chiropractic office which is regulated by State law, shall be permitted in any District where the primary use is permitted. For the purpose of this Section, an ancillary use shall mean a use which is not more • than twenty -five percent of the floor area of the related health or athletic activities of the primary use. 20.68.025 Massage Establishments As An Independent use. A massage establishment which operates as an independent use, shall be permitted in the C -O, C -1, C -2 Districts, M -1 -A District, commercial areas of P -C Districts and commercial areas of the SP -4 (Newport Shores Specific Plan) and SP -5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a Use Permit in each case, and provided further that such establishment conforms to the following: A. Location Rectuirements. Notwithstanding any other provision of the Newport Beach • Municipal Code, no use permit shall be approved by the City of Newport Beach for any massage establishment if the proposed site is located: 1. Within 500 feet of any public or private school, park or playground, civic center, cultural site or church site; or 2. Within 500 feet of any other massage establishment. -4- B. Waiver Of Location Restrictions. Any property owner or his authorized agent may apply a waiver of the location restrictions contained in this Section. The Planning Commission, after a public hearing, or City Council on appeal or review, may waive any location restriction, if all the • following findings are made: 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; and 2. The proposed use will not enlarge or encourage the development of an urban blight area; and 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and 4. The use at the proposed location will not adversely affect the use of a place used exclusively for • religious worship, school, park or playground; and 5. All applicable regulations of this Newport Beach Municipal Code will be observed. 20.68.030 Amortization. Any massage establishment as defined in this Chapter which was lawfully in existence as of the effective date of this Ordinance which does not comply in whole or in part with the provisions of this Chapter, shall be terminated or otherwise be brought into full compliance within one year of the effective date of this Ordinance. For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the • Planning Commission, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any long term investment in the massage establishment. Any request for an extension of the one year amortization period must be made in writing by the owner of the massage establishment to the Planning Commission by filing a request with -5- the secretary of the Planning Commission not later than sixty (60) days prior to the end of the one year period provided for in this Section. The Planning Commission may grant an extension of up to one additional year if the business is otherwise in compliance with all • other applicable provisions of law, and upon a showing by the applicant: A. That the business involves a substantial financial investment in real property, improvements or stock in trade, or B. The business is subject to a written long term lease entered into prior to January 14, 1991 with a termination date extending beyond one year from the effective date of this Ordinance, or C. Other factors establishing the nature of the business is such that the business cannot be easily relocated. SECTION 3: That if any section, subsection, sentence, clause or phrase of this ordinance is for any reason, held to be • invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: All licensed massage establishments existing as of the effective date of the ordinance, shall be charged a fee of Two Hundred Dollars ($200.00) for an application for a use permit necessary to comply with this Chapter, that is made prior to January 1, 1993. All other fees for processing a use permit are • waived. SECTION 5: 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 of the City, and it shall be effective thirty (30) days after its adoption. Q-M SECTION 6: Emergency Ordinance No. 91 -52, adopted on December 9, 1991, extending for one year a moratorium on issuance of permits for new massage establishments is repealed as of the effective date of this Ordinance. SECTION 7: This ordinance was introduced at a regular • meeting of the City Council of the City of Newport Beach, held on the 10th day of February, 1992, and adopted on the 24th day of February, 1992, by the following vote, to wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE • ABSENT COUNCILMEMBERS NONE . ��' -7-