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Title:
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Adoption of a Resolution Approving and Issuing a Report on City Actions Taken in Relation to Interim Ordinance No. 2015-001 - Establishing A 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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City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving and issuing a
report on actions and measures taken to alleviate conditions which led to the
adoption of Interim Ordinance No. 2015-001, establishing a 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 / DISCUSSION:
On April 13, 2015, the City Council adopted Interim Ordinance No. 2015-001 (the
“Ordinance”) 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, and declaring the urgency thereof. The Ordinance was adopted
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
state massage law and its implications, and study and revise the City’s laws,
rules, procedures and fees related to massage establishments.
Meeting Date: 05/11/15 Item Number: C-2
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving and Issuing
a Report on City Actions Taken in Relation to Interim Ordinance No. 2015-001 -
Establishing A 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.
Contact Person/Dept.: Thomas Gorham
Planning Division/Community
Development; and 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: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (05/06/15)
Department Approval:
Sol Blumenfeld (05/04/15)
Carol Schwab (by H. Baker) (05/04/15)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/04/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/05/15)
City Manager Approval:
John Nachbar (05/06/15) City of Culver City, California
Agenda Item Report
Issuing a report on the actions and measures taken by the City since the adoption
of the Ordinance (Report) will help keep the existing massage establishment
operators, future applicants who wish to operate an establishment in the City, and
the community well-informed on this matter. Further, issuance of such report will
comply with the provisions of Government Code Section 65858(d), which requires
the City Council, at least 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.
As set forth in the Report, the City has continued its work to analyze state law and
the current provisions contained in the Culver City Municipal Code (CCMC)
related to massage establishments. Staff from the Planning Division,
Enforcement Services Division, Police Department, and City Attorney’s Office met
to discuss possible revisions to the CCMC and to review processes related to
massage establishments in other nearby cities. Staff is also analyzing the
materials issued by the League of California Cities on implementing the new state
law and comparing those recommendations with certain information released by
the California Massage Therapy Council to ascertain possible conflicts between
the positions of the two organizations.
The City also continues to study possible revisions to Title 17 (Zoning) of the
CCMC 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. The study and review are not yet complete. Once
completed, the draft land use amendments to the CCMC will be required to go
through a 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 May 27, 2015. City staff is
reviewing whether there is a need to extend the Ordinance, prior to its expiration,
in order to protect the public health, safety, and welfare. If an extension is
determined to be necessary, the City Council will consider such extension at its
May 26, 2015 meeting.
FISCAL ANALYSIS:
There is no fiscal impact associated with this item. City of Culver City, California
Agenda Item Report
ATTACHMENTS:
1. Proposed Resolution
2. Interim Ordinance No. 2015-001
MOTION:
That the City Council:
Adopt a Resolution approving and issuing a Report on actions and measures
taken to alleviate conditions which led to the adoption of Interim Ordinance
No. 2015-001 establishing a 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.