HomeMy WebLinkAboutORD 1378 URGENCY ORDINANCE NO. 1378
• AN INTERIM URGENCY ORDINANCE OF THE CITY OF
BALDWIN PARK DECLARING A MORATORIUM ON THE
ESTABLISHMENT OF NEW AND EXPANSION OF EXISTING
MASSAGE ESTABLISHMENTS WITHIN THE CITY OF
BALDWIN PARK, AND DECLARING THE URGENCY
THEREOF.
WHEREAS, prior to 2009 the State of California did not uniformly regulate massage
businesses or professionals and local jurisdictions enacted a variety of different ordinances
to regulate massage businesses and professionals; and
WHEREAS, the California Legislature subsequently enacted SB 731, entitled the
Massage Therapy Act which established limits on local jurisdictions to regulate massage
professionals; and
WHEREAS, AB 619 was a subsequent amendment to SB 731 and further limited
local governments to regulate these establishments by requiring them to be classified the
same as other 'professional services' such as medical offices; and
WHEREAS, in 2012, SB 1238 was passed by the State Legislature which expanded
AB 619 to include additional requirements for professionals and the sharing of information
411 between the California Massage Therapy Council and local law enforcement; and
WHEREAS, the state laws had the unintended consequence of resulting in a
proliferation of massage establishments throughout California, many of which were or are
believed to be fronts for prostitution and/or human trafficking; and
WHEREAS, in the anticipation of the sunset of SB 731,AB 1147 went into effect in
2015 and divided responsibilities for massage regulation between the State of California
and local governments; and
WHEREAS,AB 1147 returns local land use authority to local governments and cities
can now adopt local ordinances that govern zoning, business licensing, and reasonable
health and safety requirements for establishments, even if the same requirements do not
apply to other professional service providers; and
WHEREAS, the City Council finds that the oversaturation of massage
establishments, changes the character of a neighborhood, causes blight and impacts
quality of life and the local economy by compromising public trust; and
WHEREAS,there is a need to study existing and potential land uses within the City
to assure compatibility between the location of massage establishments and surrounding
properties, and to consider revisions to the zoning ordinance accordingly to conform to the
• General Plan.
Urgency Ordinance-1378
Massage Establishments
September 2,2015
Page 2
•
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN P ARK
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The City Council hereby adopts each recital set forth above as a
finding of the City Council.
SECTION 2. The City Council further finds that the establishment of new and or
expansion of existing massage establishments may constitute a current and immediate
threat to the public health, safety or welfare in that such uses may impose adverse impacts
on surrounding properties, including but not limited to an increase in crimes, and upon that
basis has determined that an interim urgency ordinance pursuant to Government Code
Section 65858 is warranted.
SECTION 3. Pursuant to Government Code § 65858, the City Council hereby
declares a moratorium on the establishment of new massage establishments and the
expansion of existing massage establishments within the City and on the issuance of any
permits, approvals, or entitlements for use for such development, including but not limited
to subdivisions, use permits, variances; building permits, or any other applicable permit or
entitlement for use which is required in order to comply with the City's zoning ordinances or
with Baldwin Park Municipal Code Chapter 124. The moratorium declared and
• established by this Section 3 shall remain in effect 45 days after the date of enactment of
this ordinance.
SECTION 4. City staff is directed to study appropriate modifications to the City's
massage and zoning ordinances to reduce and/or mitigate negative secondary effects
created by the number, location and illicit uses of massage establishments. Pending the
completion of such studies and the adoption of an ordinance to establish appropriate
operational and zoning regulations, it is necessary for the immediate preservation of the
public, health, safety and welfare that this ordinance takes effect immediately. In the
absence of immediate effectiveness, massage establishment uses in the City may be in
conflict with regulations or requirements established with respect thereto.
SECTION 5. This ordinance shall not preclude the continued operation of any
lawfully existing massage establishment uses which are not seeking to expand, convert,
relocate or otherwise change their use, or the opening or commencement of any massage
establishment uses as a new business for which all discretionary and non-discretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 6. This ordinance is an interim ordinance and shall take effect
immediately. This is an interim ordinance adopted pursuant to Section 65858 of the
Government Code and shall expire forty-five (45) days after the date hereof unless
extended pursuant to the provisions of said section.
SECTION 7. The City Council on the basis of the whole record and exercising
• independent judgment finds that this Interim Urgency Ordinance is not subject to
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Urgency Ordinance-1378
Massage Establishments
September 2,2015
Page 3
• environmental review pursuant to the State Guidelines for Implementation of the California
Environmental Quality Act Sections 15060(c) (2) and 15060(c)(3) pertaining to activities
that will not result in a direct or reasonably foreseeable indirect change to the environment
and that are not defined as a project under Section 15378. This Ordinance has no
potential for resulting in physical change to the environment directly or indirectly in that it
prevents change to the environment pending the completion of the contemplated research
and studies.
SECTION 8. If any part or provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances, shall not be affected and shall
continue in full force and effect. To this end,the provisions of this ordinance are severable.
SECTION 9. This Urgency Ordinance shall go into effect immediately upon adoption
by a four-fifths vote of the City Council.
APPROVED, PASSED AND ADOPTED th'.. 2n'III.y of .e,tember, 2015.
'-*!? ozano, Y ayor
ATTEST:
'
Kristi Rus -II
Chief Deputy City Clerk
III ATTEST:
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• STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, Kristi Russell, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance 1378 was adopted as an urgency matter at a regular
meeting of the City Council on September 2, 2015 by the following vote:
AYES: COUNCILMEMBER: BACA, GARCIA, LOZANO, PACHECO, RUBIO
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: NONE
094
KRISTI RUSSELL,
CHIEF DEPUTY CITY CLERK