HomeMy WebLinkAboutCC RESO 2010-80RESOLUTION NO. 2010 — 80
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT
PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING
NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY
WHEREAS, at the City Council meeting of March 16, 2010, the Council enacted
Ordinance No. 2010-2332, "An Interim Ordinance of the City Council of the City of National City
Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect
Immediately, Enacting a Moratorium Prohibiting the Issuance of Massage Technician Permits
and Prohibiting New Massage Establishments from Locating within the City of National City; and
WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010-2332 will
expire on April 30, 2010, subject to extension by action of the City Council; and
WHEREAS, Section 65858(d) of the Government Code provides that 10 days
prior to the expiration of the interim ordinance or any extension, the legislative body shall issue
a written report describing the measures taken to alleviate the condition which led to the
adoption of the ordinance; and
WHEREAS, a Report satisfying the requirements of Government Code Section
65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby finds and determines that the Report attached hereto as Exhibit "A"
satisfies the requirements of Government Code Section 65858(d), and hereby approves and
authorizes issuance of said Report.
PASSED and ADOPTED this 13th day of April, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. DellaCity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
REPORT
MORATORIUM ORDINANCE PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN
PERMITS AND PROHIBITING NEW MASSAGE
ESABLISHMENTS FROM LOCATING IN THE CITY
(Government Code Section 65858(d))
Since the City Council's adoption of the urgency moratorium ordinance on March 16,
2010 (Ordinance No. (2010-2232) prohibiting the issuance of massage technician permits
and prohibiting new massage establishments from locating within the City, the City has
taken the following actions to alleviate the condition which led to the adoption of the
ordinance:
1. Review of Current Land Use Code; Business Licenses Applications:
As with any business operating within the City of National City, a massage
establishment must obtain a business license. At the time of application, the
business license application would be: forwarded to the Planning Division to
determine if the use is an allowed use within the zone in which it is proposed.
The City's Land Use Code, Chapter 18.69 designates a massage establishment as
an "adult -oriented business". As such, a massage establishment may not be
located within 1,500 feet of another adult -oriented business, school or public park,
or within 1000 feet of any residentially — zonedproperty.
2. Inventoried Existing:
The City's Finance Department researched business license records and
determined that there currently are no massage establishments within the City.
There is an unenclosed business located within Plaza Bonita consisting of four
chairs on whichcustomers may receive a massage, but this business would not
come within the definition of "massage parlor" in Chapter 18.69.
3. Review of Inquires/Pending Permit Applications:
Although the Police Department has received on inquiry regarding a massage
technician permit, no formal permit applications have been submitted.
Summary
The moratorium was originally enacted due to the need for the City to revise its
regulations pertaining to massage technician permits and massage establishments.
Making the needed revisions has been complicated by the unsettled status of state law in
this area. The City Attorney's office is continuing to monitor any changes in the
applicable state law. Once the state law is clarified, the City's regulations can be updated
to conform to that law.
EXHIBIT "A'
Passed and adopted by the Council of the City of National City, California, on April 13,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
tA
City Clerk of the City of Na onal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-80 of the City of National City, California, passed and adopted
by the Council of said City on April 13, 2010.
City Clerk of the City of National City, California
By:
Deputy