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Home My WebLink AboutORD 1463 (2015) - URGENCY ORDINANCE NO. 1463 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING FOR A PERIOD OF ONE YEAR THE EFFECTIVENESS OF INTERIM URGENCY ORDINANCE NO. 1452, PROHIBITING THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS (4/5ths Vote Required) The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code and is for the immediate preservation of the public health, safety and welfare. SECTION 2. Interim Urgency Ordinance No. 1452 prohibiting the establishment or expansion of massage establishments is hereby extended for an additional period of one (1) year. SECTION 3. The City Council hereby finds, determines, and declares that this interim urgency ordinance adopted pursuant to California Government Code Section 65858 is necessary because: A. In 2008, the state legislature adopted Senate Bill 731 ("SB 731"), Section 4600 et seq. of the Business and Professions Code, relating to voluntary statewide certification of massage practitioners and therapists, and restricting local control of massage establishments. B. Section 4600 et seq. of the California Business and Professions Code provides for the certification of massage practitioners and massage therapists by a non-profit entity known formerly as the Massage Therapy Organization ("MTO") and currently named the California Massage Therapy Council ("CAMTC"). C. On August 4, 2009, the City Council adopted Interim Urgency Ordinance No. 1368 intended to reasonably implement the provisions of SB 731, while allowing City Staff to review and consider future regulations and implementation guidelines anticipated from the MTO applicable to the regulation of massage therapists. D. On June 15, 2010, the City Council enacted Ordinance No. 1380 relating to the regulation of massage establishments and amending Article 9 of the Tustin City Code to comply with the mandate of SB 731 that zoning requirements applicable to massage establishments "shall be no different than the requirements that are uniformly applied to all other individuals and businesses providing professional services." 1 Ordinance No. 1463 Page 1 of 5 E. In 2011, the state legislature adopted Assembly Bill 619 ("AB 619") amending Section 4612 of the Business and Professions Code, and further restricting the City's ability to regulate and restrict massage establishments. F. The enactment of SB 731, as amended by AB 619, has had as an unintended consequence the proliferation of illicit massage establishments that are fronts for prostitution and may also be involved in sex trafficking. G. In 2013, the City initiated permit revocation proceedings against two massage establishments where prostitution was occurring, and a number of other establishments are suspected of such illicit activities. H. Numerous massage establishments located within the City commonly advertise their services on adult-only websites using suggestive language and provocative photographs of scantily-clad women. Numerous massage establishments, located within the City generate reviews on websites where patrons can post reviews and information regarding the sexual services provided at these establishments. J. The presence of illicit massage establishments changes the character of neighborhoods, causes blight, and impacts the local economy, as legitimate businesses refuse to locate next door to such uses. K. Illicit massage establishments threaten the public health, safety and welfare in that they operate as fronts for prostitution and potentially human trafficking operations. L. On September 18, 2014, the Governor of California signed Assembly Bill 1147 ("AB 1147"), which restores local land use authority over massage establishments by removing SB 731's broad state preemption of local massage ordinances and gives•Jocal governments greater authority to establish reasonable regulations to manage massage establishments in the best interests of the individual community. M. Pursuant to Section 65858 of the California Government Code, the City Council may, in order to protect the public health, safety and welfare, adopt as an urgency measure an interim ordinance prohibiting any use that may be in conflict with a contemplated specific plan, general plan amendment, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. N. On October 21, 2014, the City Council voted unanimously to adopt Interim Urgency Ordinance No. 1451, which imposed a forty-five (45) day moratorium on the approval of massage establishment permits, use permits, building permits, business licenses and other applicable approvals, licenses, permits or other entitlements for the establishment, expansion and/or relocation of any massage establishment in the City of Tustin. Ordinance No. 1463 Page 2 of 5 O. On December 2, 2014, the City Council voted unanimously to adopt Interim Urgency Ordinance No. 1452, which extended the effective term of Interim Urgency Ordinance No. 1451 for ten (10) months and fifteen days. P. Since the enactment of Interim Urgency Ordinance Nos. 1451 and 1452, staff has prepared Code Amendment 2015-003, amending and restating the City's Land Use Code (Article 9 of the Tustin City Code), and amending the City's Business Regulations (Article 3 of the Tustin City Code), consistent with the provisions of AB 1147, to discourage the location and operation of illicit massage establishments in the City. Q. On September 22, 2015, a public hearing was duly noticed, called, and held on Code Amendment 2015-003 by the Planning Commission. The Planning Commission adopted Resolution No. 4296 and recommended that the City Council approve Code Amendment 2015-003. R. The City Council is expected to introduce for first reading Ordinance No. 1462 pertaining to Code Amendment 2015-003 ("Massage Ordinance") at its regular meeting on October 20, 2015. The second reading and potential adoption of the Massage Ordinance would occur at the regular meeting of City Council on November 3, 2015. If adopted at that time, the Massage Ordinance would become effective on December 3, 2015. S. Unless extended by this Interim Urgency Ordinance No. 1463, the Moratorium will expire on October 22, 2015, prior to the effective date of the proposed Massage Ordinance. T. Unregulated massage establishments continue to pose an immediate threat to the public health, safety and welfare, and that threat would be furthered if the City were to issue massage establishment permits, use permits, building permits, business licenses or other applicable approvals, licenses, permits or other entitlements for the establishment, expansion and/or relocation of any massage establishment prior to the City's enactment of Code Amendment 2015-003, and the effective date of the Massage Ordinance. Therefore, an extension of the Moratorium is necessary to protect the public health, safety and welfare. SECTION 4. For the purpose of this interim urgency ordinance, the term "massage establishment" shall have the same meaning as set forth at Section 3141 of the Tustin City Code. SECTION 5. For the pendency of this Moratorium, all sections of Article 3, Chapter 6, Part 6 of the Tustin City Code relating to operating requirements and inspections etc., for existing massage establishments shall remain in full force and effect. SECTION 6. Pursuant to Section 65858 of the California Government Code, a written report describing the measures taken by the City to address the Ordinance No. 1463 Page 3 of 5 conditions which led to the adoption of Interim Ordinance No. 1452 has been issued at least ten (10) days prior to the expiration of the Moratorium. SECTION 7. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall have the effect of extending the effective term of Interim Urgency Ordinance No. 1452 for a maximum period of one (1) year. This interim urgency ordinance shall be of no further force and effect upon the effective dates of the Massage Ordinance, if approved by City Council, or any other amendments to the City's Land Use Code (Article 9 of the Tustin City Code) or the City's Business Regulations (Article 3 of the Tustin City Code) concerning the regulation of massage. PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on this 6th day of October, 2015. CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. RABE, City Clerk APPROVE'dilTo FO' � �=� / `, DAVID E. KENDIG, � City Attorney Ordinance No. 1463 Page 4 of 5 ORDINANCE CERTIFICATION 111 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ORDINANCE NO. 1463 I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1463 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of October 2015, by the following vote: COUNCILPERSONS AYES: Puckett, Nielsen, Gomez, Murray, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) ERICA N. RABE, City Clerk Ordinance No. 1463 Page 5 of 5