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HomeMy WebLinkAboutORD 1150ORD 1150pT3(Ìì§Ñ URGENCY ORDINANCE NO.1150 AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK DECLARING A MORATORIUM ON THE APPROVAL OF PERMITS AND/OR LICENSES FOR THE ESTABLISHMENT AND/OR THE EXPANSION OF ACUPRESSURE OR OTHER SIMILAR ENTERPRISES OR BUSINESSES OR USES IN THE CITY, AND DECLARING THE URGENCY THEREOF. WHEREAS, in recent months, applications for permits for massage, acupressure and related uses in the City have been on a significant rise; and WHEREAS, the City Council finds that the City's current zoning standards for massage, acupressure, and related uses lack sufficient safeguards to protect the public health, safety and welfare, including, but not limited to, a lack of distance requirements between residential properties and proposed massage and acupressure uses; and WHEREAS, the City Council finds that the proliferation of massage, acupressure, and related uses without adequate zoning safeguards constitutes a current and immediate threat to public health, safety and welfare, in that said uses result in increase in crime including the opportunity for acts of prostitution and other unlawful sexual activity), congregation of people in areas adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion; and WHEREAS, the City Council finds that the approval of any new business licenses, use permits, variances, site plans and building permits for said uses will result in a significant threat to the general public heath, safety and welfare; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City of Baldwin Park hereby declares and imposes a moratorium on massage, acupressure and related uses in the City. SECTION 2. Notwithstanding any provisions of the Baldwin Park Municipal Code or other ordinances of the City of Baldwin Park, the City of Baldwin Park hereby declares and imposes a moratorium prohibiting any future establishment, development, modification or expansion of acu pressure or related uses, in within the City during the pendency of this interim ordinance for an initial period of forty-five 45) days as prescribed by State Law. SECTION 3. The moratorium established by Sections 1 and 2 above shall be applicable to businesses engaged in acupressure and related uses in all commercial zoned properties. SECTION 4. There is a current and immediate threat to the public health, safety and welfare, because the approval of the pending applications for acupressure or related uses may result in an increase in crime in and near residential areas, including the opportunity for acts of prostitution and other unlawful sexual activity, a congregation of people in areas in and immediately adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion. BIB] 37643-U01 ORD-U02 1150-U02 LI2-U03 FO4263-U03 FO4488-U03 DO4504-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1150-U05 OCT-U05 20-U05 1999-U05 ORD 1150pT3(Ìì§Ñ Urgency Ordinance No.1150 SECTION 5. This ordinance is necessary to preserve and protect the public health, safety, and welfare that will be caused by the approval of any new business licenses, use permits, variances, sit plans, and/or building permits for massage, acupressure, and related uses during the period that this ordinance will be in effect. SECTION 6. The City Council intends to conduct studies forthwith as to the appropriate modifications of the Baldwin Park Municipal Code and other regulatory ordinances which will reduce the conflicts and confusion within the regulations applying to businesses which involve acupressure or related uses as listed herein in this ordinance. Pending the completion of such studies, it is necessary for the immediate preservation for the public health, safety and welfare that this ordinance take effect immediately. In the absence of immediate effectiveness, acupressure or related uses in the City may be in conflict with regulations or requirements established with respect thereto, and this ordinance is therefore necessary to prevent a current and immediate threat to the public health, safety and welfare. This ordinance is an interim ordinance and shall take effect immediately. This is an interim ordinance adopted pursuant to Section 65855, subdivision a) 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. If any part or provision of this ordinance or its application to any person or circumstance, is held invalid, the remainder of the 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. APPROVED, PASSED AND ADOPTED this 20th day of October, 1999 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) 55. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was adopted as an URGENCY Ordinance at a regular meeting of the City Council on October 20,1999, by the following vote of the Council: AYES: COUNCILMEMBERS: Pacheco, Gair, Van Cleave, and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None BIB] 37643-U01 ORD-U02 1150-U02 LI2-U03 FO4263-U03 FO4488-U03 DO4504-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1150-U05 OCT-U05 20-U05 1999-U05