HomeMy WebLinkAbout2251ORDINANCE NO. 2251
AN INTERIM URGENCY ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858
EXTENDING INTERIM URGENCY ORDINANCE
NO. 2250 FOR AN ADDITIONAL 10 MONTHS AND
15 DAYS AND CONTINUING FOR THIS PERIOD
THE TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF MASSAGE THERAPY
BUSINESSES
THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. The purpose of this Interim Urgency Ordinance is to
extend the temporary moratorium on the establishment of massage therapy
businesses in the City of Arcadia ("City"), as currently authorized under Ordinance
No. 2250, because the concerns described in Ordinance No. 2250 have not been
alleviated.
SECTION 2. The City Council enacts this Interim Urgency Ordinance
under the authority granted to cities by Article XI, Section 7 of the California
Constitution, Section 51031 of the California Government Code, and Section
65858 of the California Government Code.
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SECTION 3. The City Council of the City of Arcadia hereby finds:
A. On October 21, 2008, pursuant to Section 65858 of the Califomia
Government Code, after public notice and a public hearing, the City Council of the
City of Arcadia ("City Council") adopted Ordinance No. 2250, an interim urgency
ordinance, which temporarily places a moratorium on the establishment of massage
therapy businesses in the City.
B. Section 65858, subdivision (a) of the California Government Code
provides that Ordinance No. 2250 shall expire and be of no further force and effect
forty-five (45) days from its date of adoption.
C. Section 65858, subdivision (a) of the California Government Code
provides that prior to the expiration of Ordinance No. 2250, the City may extend
Ordinance No. 2250 for an additional ten (10) months and fifteen (15) days after
giving notice pursuant to Section 65090 of the California Government Code and
conducting a public hearing.
D. The City Council seeks to extend the temporary moratorium on the
establishment of massage therapy businesses, as currently authorized under
Ordinance No. 2250, to continue studying possible means of regulating massage
therapy businesses, including zoning-based regulations and other regulations to
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help ensure that massage therapy businesses are regulated in a way that protects the
community and complies with applicable law.
E. The purpose for extending Ordinance No. 2250 is to avoid the
potentially significant adverse impacts to the public's health, safety and welfare
described in Ordinance No. 2250.
F. The City Council has determined there is a need to extend Ordinance
No. 2250 for an additional ten (10) months and fifteen (15) days as authorized
under Section 65858, subdivision (a) of the California Government Code.
G. The notice and public hearing required by Section 65858, subdivision
(a) of the California Government Code for the extension of Ordinance No. 2250
has been provided in accordance with applicable law.
SECTION 4. The purpose of this Interim Urgency Ordinance is to
extend Ordinance No. 2250 for the immediate preservation of the public health,
safety and welfare for an additional ten (10) months and fifteen (15) days
following December 5, 2008, the date of expiration of Ordinance No. 2250, which
shall have the effect of placing a moratorium on the approval or issuance of any
business owner/operator identification card, massage therapist identification card,
business Iicense, building permit, or land use, zoning or other approval which
pertains to the establishment or conducting of massage therapy businesses.
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SECTION 5. Adoption of this Interim Urgency Ordinance shall
constitute an extension of Ordinance No. 2250 pursuant to Section 65858 of the
California Government Code.
SECTION 6. For purposes of this Interim Urgency Ordinance, the
terms defined below shall have the following meanings:
A. "Massage therapist" shall mean any person who, for any consideration
whatsoever, performs or offers to perform a massage in a massage therapy
business.
B. "Massage therapy business" shall mean any establishment having a
fixed place of business for the purpose of deriving income or compensation from
massage therapy services.
The extension of Ordinance No. 2250 for an additional ten (10) months and
fifteen (15) days shall be inapplicable to the issuance of renewals of currently valid
business licenses, owner/operator identification cards or massage therapist
identification cards. The extension of Ordinance No. 2250 shall also be
inapplicable to the issuance of a business license, an owner/operator identification
card or a massage therapist identification card for purposes of the relocation from
within the City of a business or massage therapist possessing a valid license or card
issued by the City. However, for massage therapist applicants desiring to obtain
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business licenses, owner/operator identification cards or massage therapist
identification cards, wherein the license or card has expired or the business has
been closed for more than one (1) year, the moratorium shall be applicable.
SECTION 7. The City Council hereby finds and determines that
adoption of this Interim Urgency Ordinance and the extension of Ordinance No.
2250 is necessary for the current and immediate protection of the public health,
safety, and welfare of the City and its residents for all the reasons set forth above,
in Ordinance No. 2250, and the agenda report prepared in connection with this
Ordinance, which are hereby expressly incorporated as though fully set forth
herein.
SECTION 8. The City Council hereby directs the Building
Department, Code Enforcement, Development Services Department, Fire
Department and Police Department to consider and study possible means of
regulating massage therapy businesses, including zoning-based regulations and
other regulations.
SECTION 9. The City Council hereby finds that this Interim Urgency
Ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to Section 15060, subdivision (c)(2) (the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment) and Section
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15060, subdivision (c)(3) (the activity is not a project as defined in Section 15378)
of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
SECTION 10. Ten (10) days prior to the expiration of this Interim
Urgency Ordinance, the City Council shall issue a written report describing the
measures which the City has taken to alleviate the conditions which led to the
adoption of this Ordinance.
SECTION 11. If any provision of this Interim Urgency Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the Interim Urgency Ordinance
which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this Interim Urgency Ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 12. This Interim Urgency Ordinance shall be adopted by a
four-fifths vote of the City Council. Upon adoption, the Mayor shall sign this
Ordinance, and the City Clerk shall attest thereto and shall within fifteen (15) days
of its adoption cause it, or a summary of it, to be published in a newspaper of
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general circulation. This Ordinance shall remain in effect until October 21, 2009,
unless earlier repealed or extended by the City Council as provided for in
Government Code Section 65858.
Passed, approved and adopted this 18"' day of November, 2008.
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Mayor of the City of Arcadia
ATTEST:
C•ty~ .. .
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2251 was passed and adopted by the City Council
of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a
regular meeting of said Council held on the 18th day of November, 2008 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht
NOES: None
ABSENT: None
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ity Clerk of the City of Arcadia
s
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