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CC - Adoption of a Resolution Approving and Issuing a Report on City Actions Taken in Relation to Interim Ordinance No. 2015-002, Extending the Temporary Moratorium on the Issuance of any New Permit, License, Approval or Entitlement Pertaining to New Massage Establishments or the Location or Relocation of Existing Massage Establishments within the City and Declaring the Urgency Thereof.
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Contact Person/Dept: Thomas Gorham/CDD; Lisa Vidra/City Attorney
Phone Number: (310)253-5710; (310)253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (02/18/16)
Department Approval:
Sol Blumenfeld (02/16/16); Carol Schwab (by H. Baker) (02/16/16)
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RECOMMENDATION
Staff recommends the City Council adopt a proposed resolution (Attachment 1) approving and issuing a report on actions and measures taken to alleviate conditions which led to the adoption of Interim Ordinance No. 2015-002, extending the temporary moratorium on the issuance of any new permit, license, approval or entitlement pertaining to new massage establishments or the location or relocation of existing massage establishments within the City and declaring the urgency thereof.
BACKGROUND
On April 13, 2015, the City Council adopted Interim Ordinance No. 2015-001 establishing a 45-day temporary moratorium on the issuance of any new permit, license, approval or entitlement pertaining to new massage establishments or the location or relocation of existing massage establishments within the City (Moratorium), and declaring the urgency thereof. The City Council adopted the Ordinance pursuant to Section 614 of the City Charter and Section 65858 of the California Government Code, in order to allow the City time to thoroughly review the new 2015 state massage law and its implications and study and revise the City’s laws, rules, procedures and fees related to massage establishments.
On May 11, 2015, the City Council issued a report on the actions and measures taken by the City since the adoption of the 45 day Interim Ordinance, in order to keep massage establishment operators and the public informed on the matter. Issuance of such a report complies with the provisions of Government Code Section 65858(d), which requires the City Council, 10 days prior to the expiration of the Ordinance or any extension, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance.
Subsequent to the issuance of the report, on May 26, 2015, the City Council adopted Ordinance No. 2015-002 (Ordinance) extending the Moratorium an additional ten months and 15 days from the initial 45-day period, through April 11, 2016, as permitted by Government Code section 65858(a).
DISCUSSION
Staff is reviewing whether there is a need to further extend the Ordinance, prior to its expiration, in order to protect the public health, safety and welfare. On March 14, 2016, the City Council will consider whether an additional one year extension of the moratorium is warranted. Ten days prior to any further extension the City Council must issue a report on the actions and measures taken to alleviate the conditions that led to the adoption of the Ordinance.
As set forth in the Report, the City has continued its work to review and analyze numerous massage establishment ordinances and regulations adopted and in the process of being adopted by other California cities to comply with the 2015 state law. There are many different types of regulations, and staff is in the process of vetting various provisions to determine what is appropriate for Culver City. Staff from the Business Licensing Division, Planning Division, Enforcement Services Division, Police Department and City Attorney’s Office continue to discuss the potential revisions to the Culver City Municipal Code (CCMC) and to review processes related to massage establishments in other nearby cities. Such review has included and continues to include discussion with other cities’ staff and attorneys, as well as consultation with technical experts.
The City also continues to study possible revisions to the CCMC, including Title 17, Zoning, which would appropriately balance the rights of existing massage establishment operators and future applicants who wish to operate massage establishments within the City, with the preservation of the health, safety and welfare of the community. For instance, some cities require a Conditional Use Permit (CUP) or an Administrative Use Permit (AUP) to operate a massage establishment, and such establishments are limited to certain zones in the city. Other cities require a regulatory permit but not a use permit. The study and review of the numerous ordinances being adopted by other cities are not yet complete. Once completed, the draft land use amendments to the Zoning Code will be required to go through a public review process, including consideration by the Planning Commission with a recommendation to the City Council.
The City is pursuing its study, review and revisions as expeditiously as is practicable.
The Ordinance will expire by its own terms on April 11, 2016. Staff shall request the City Council consider an extension to the Ordinance at the March 14, 2016 Regular Meeting.
FISCAL ANALYSIS
There is no fiscal impact associated with this item.
ATTACHMENTS
Proposed Resolution
RECOMMENDED MOTION(S)
That the City Council:
Adopt a resolution approving and issuing actions and measures taken to alleviate conditions which led to the adoption of Interim Ordinance No. 2015-002 extending the temporary moratorium on the issuance of any new permit, license, approval or entitlement pertaining to new massage establishments or the location or relocation of existing massage establishments within the city and declaring the urgency thereof.