HomeMy WebLinkAbout01 WRITTEN REPORT REQUIRED BY GCS 65858(D)Agenda Item SP i
AGENDA REPORT Reviewed.
C ty Manager.
Finance Director NIA
MEETING DATE: NOVEMBER 18, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: PAMELA ARENDS-KING, FINANCE DIRECTOR/CITY TREASURER
JULIE INTERANTE, CUSTOMER SERVICES SUPERVISOR
SUBJECT: WRITTEN REPORT REQUIRED BY GOVERNMENT CODE
SECTION 65858(D) IN REFERENCE TO INTERIM URGENCY
ORDINANCE NO. 1451, PROHIBITING THE ESTABLISHMENT OR
EXPANSION OF MASSAGE ESTABLISHMENTS
SUMMARY:
On October 21, 2014, the City Council of the City of Tustin unanimously adopted Interim
Urgency Ordinance No. 1451, prohibiting the establishment or expansion of massage
establishments for a period of 45 days. The temporary 45 -day moratorium is set to expire
on December 5, 2014. Pursuant to Government Code Section 65858(d), at least ten (10)
days prior to the expiration or extension of a moratorium, the City Council must issue a
report describing the measures taken to alleviate the conditions leading to the adoption of
the Interim Urgency Ordinance. This document constitutes the written report required by
Government Code Section 65858(d).
RECOMMENDATION:
That the City Council receive and file this report.
FISCAL IMPACT:
None.
BACKGROUND:
Since the enactment of Interim Urgency Ordinance No. 1451, representatives from the
Police Department, Community Development, Finance, and the City Attorney's Office
have taken the following actions:
1. Convened to discuss potential revisions to the Zoning Ordinance (Tustin
City Code, Article 9 — Land Use) and the City's Business Regulations
(Tustin City Code, Article 3, Chapter 1, Part 3 — Massage Establishments).
Agenda Report
November 18, 2014
Page 2
2. Met and corresponded with representatives from other local jurisdictions
regarding regulation of massage establishments.
3. Reviewed massage regulations and enforcement plans proposed by other
local jurisdictions.
4. Assessed the total number of massage establishments located in the City,
and the distribution of these establishments across the City's zoning
districts.
5. Continued to monitor massage establishments in the City suspected of
illicit activity, including those establishments that commonly advertise their
services on adult -only websites using suggestive language and
provocative photographs of scantily -clad women, and/or generate reviews
on websites where patrons can post reviews and information regarding the
sexual services provided at the establishments.
The City Council will consider an extension of the moratorium at its December 2, 2014
meeting. City Staff recommends an extension of the moratorium for an additional ten
(10) months and fifteen (15) days for the following reasons:
1. The secondary effects of illicit massage establishments, which gave rise to
the need for the moratorium, still exist.
2. To provide additional time to adequately address the issue of proliferation
of massage establishments in the City, and to review and study measures
to be undertaken to discourage the location and operation of illicit
massage establishments in the City. This includes, without limitation:
a. Research and draft revisions to the Zoning Ordinance (Tustin City
Code, Article 9 — Land Use), including feasibility of requiring a
Conditional Use Permit or other special permit and/or restricting the
zoning districts within which massage establishments are permitted to
locate (the City does not have specific land use regulations in place to
govern proposals for the siting of massage establishments).
b. Research and draft revisions to the City's Business Regulations (Tustin
City Code, Article 3, Chapter 1, Part 3 — Massage Establishments),
including an update of permitting requirements, conditions of operation,
and enforcement provisions.
Agenda Report
November 18, 2014
Page 3
c. Review enforcement plans from other local jurisdictions, and formulate
action plans to address illicit massage establishments in the City.