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HomeMy WebLinkAboutORD 1151ORD 1151pT3(Ìì§Ú URGENCY ORDINANCE NO.1151 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING A MORATORIUM ESTABLISHED BY ORDINANCE NO.1050 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 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 health, safety and welfare; and WHEREAS, pursuant to Government Code Section 65858(a), on October 20,1999, the City Council declared and imposed an urgency ordinance Ordinance No.1050) prohibiting any future establishment, development, modification or expansion of acupressure or related uses, in or within the City, which became effective immediately for a period of forty five days or until December 4,1999, unless extended in accordance with the applicable law; WHEREAS, in accordance with Government Code Section 65858(a), the City Council finds that there is a need for additional research and evaluation before the adoption of amendments to the Zoning Code regarding this matter, and as such, the City Council finds the need to preserve the status quo and seeks to extend the effect of the existing moratorium for an additional period of twenty-two 22) months and fifteen 15) days from the effective date of this ordinance or until October 16, 2001. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City of Baldwin Park hereby declares and extends a moratorium on massage, acupressure and related uses in the City. BIB] 37643-U01 ORD-U02 1151-U02 LI2-U03 FO4263-U03 FO4488-U03 DO4507-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1151-U05 DEC-U05 1999-U05 ORD 1151pT3(Ìì§Ú Ordinance No.1151 SECTION 2. Notwithstanding any provisions of the Baldwin Park Municipal Code or other ordinances of the City of Baldwin Park1 the City of Baldwin Park hereby declares and extends the existing moratorium prohibiting any future establishment, development, modification or expansion of acupressure or related uses, within the City during the pendency of this ordinance for a period of twenty-two 22) months and fifteen 15) days from the effective date of this ordinance. 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. SECTION 5. This interim 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 is conducting 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 moratorium be extended. 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 is an extension of the interim ordinance adopted pursuant to Section 65858, subdivision a) of the Government Code and shall expire twenty-two 22) months and fifteen 15) 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 provisiont of this ordinance are severable. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective immediately after this adoption byfour4ifths of the members of the City Council. BIB] 37643-U01 ORD-U02 1151-U02 LI2-U03 FO4263-U03 FO4488-U03 DO4507-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1151-U05 DEC-U05 1999-U05 ORD 1151pT3(Ìì§Ú Ordinance No. 1151 APPROVED, PASSED AND ADOPTED this 1st day of De mb Manuel Lozano1 Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES 88. CITY OF BALDWIN PARK I, Rosemary M. Ramirez1 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 December 1,1999, by the following vote of the Council: AYES: COUNCILMEMBERS: Pacheco, Gair, Garcia, Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSEbkT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Deputy City erk BIB] 37643-U01 ORD-U02 1151-U02 LI2-U03 FO4263-U03 FO4488-U03 DO4507-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1151-U05 DEC-U05 1999-U05