HomeMy WebLinkAboutCC RESO 2011-23RESOLUTION NO. 2011 — 23
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 April 20, 2010, the Council enacted
Ordinance No. 2010-2334, "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, Extending for 10 Months and 15 days 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. 2010-2334 will
expire on March 5, 2011, 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; and
WHEREAS, issuance of the Report by the City Council is a necessary action for
the Council to be able to consider a further extension of the moratorium.
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 1st day of February, 2011.
on Morrison, Mayor
ATTEST:
i
el R.
Della,
Mic ty Clerk
PPROVED AS • FORM:
udia G. Si
City Attorney
REPORT
MORATORIUM ORDINANCE PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICAL
PERMITS AND PROHIBITING NEW MASSAGE
ESTABLISHMENTS FROM LOCATING IN THE CITY
(Government Code Section 65858(d))
On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending until March 5, 2011 the
urgency moratorium ordinance prohibiting the issuance of massage technician permits and prohibiting
new massage establishments from locating within the City. Since the enactment of that Ordinance, the
City has taken the following actions to alleviate the condition which led to the adoption of the ordinance:
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 1,000 feet of any residentially -zoned property.
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 which customers may
receive a massage, but this business would not come within the definition of "massage
parlor" in Chapter 18.69. An amendment to the Municipal Code will be recommended in
the near future to clarify this distinction.
3. Review of Inquires/Pending Permit Applications:
Although the Police Department has received an inquiry regarding a massage technician
permit, and the Finance Department recently received an inquiry regarding a business
license for a massage establishment, 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
(Resolution No. 2011-23)
Passed and adopted by the Council of the City of National City, California, on February
1, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
iIof
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City C theCity of
ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-23 of the City of National City, Califomia, passed and adopted
by the Council of said City on February 1, 2011.
City Clerk of the City of National City, California
By:
Deputy