HomeMy WebLinkAbout- - Urgency Ordinance Moratorium Extension - 6/15/2010ORDINANCE NO. 10 -
AN URGENCYORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING
FOR A PERIOD OF ONE YEAR, AN EXISTING
MORATORIUM ON THE APPROVAL OF ANY BUSINESS
LICENSE, USE PERMIT, OR ANY APPLICABLE
APPLICATION RELATED TO MASSAGE ESTABLISHMENTS
AND/OR MASSAGE PRACTITIONERS
WHEREAS, the City of Costa Mesa General Plan was adopted in January 2002, and
it embodies the community's long-range vision of providing for the balanced development of
a diverse mix of commercial goods and services and employment opportunities in
consideration of the needs of the business and residential segments of the community; and
WHEREAS, a high concentration of massage establishments exists in specific areas
of the City; and
WHEREAS, the growing number of massage establishments and associated
massage practitioners in the city has increased staff workload for licensing, inspection, and
enforcement for massage related issues; and
WHEREAS, the Costa Mesa Police Department has requested an extension to the
moratorium currently in effect; and
WHEREAS, the City Council adopted a forty-five (45) day moratorium on new
massage establishment permits and new massage practitioner permits that became
effective on July 7, 2009, by urgency ordinance; and
WHEREAS, the City Council adopted an extension to the moratorium on new
massage establishment permits and new massage practitioner permits that became
effective on August 18, 2009 and is set to expire on July 2, 2010, by urgency ordinance No.
09-11; and
WHEREAS, the same factors that served as justification for the moratorium still
exist and it can be foreseen that they will continue to exist for an extended period of time;
and
WHEREAS, the Costa Mesa City Council finds, determines, and declares
that current and immediate threat to the public health safety and welfare of the
city and its citizens necessitates the immediate enactment of the ordinance.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
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In order to protect against this current and immediate threat to the
public health, safety, and welfare and pursuant to the provisions of California
Government Code Section 65858, the previously enacted moratorium extension
adopted August 18, 2009 is extended for a period of one (1) year.
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any
person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. Applicability. The provisions of this ordinance shall be applicable to
the licensing of new massage establishments or massage practitioners. The provisions
of this ordinance shall not be applied to any licenses or permits issued to massage
establishments or practitioners approved prior to the effective date of this ordinance.
Section 5. Publication. The City Clerk shall certify to the passage and adoption of
this ordinance, by at least a four-fifths vote of the City Council, and shall cause the
ordinance to be published in the manner required by law. This ordinance shall become
effective immediately from and after its passage.
PASSED AND ADOPTED this day of 12010.
Mayor of the City of Costa Mesa
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ATTEST:
City Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council of the City of
Costa Mesa, hereby certify that the above and foregoing Ordinance No. 10-6 was
introduced and considered section by section at a regular meeting of said City Council
held on the day of , 2010, and thereafter passed and adopted as a whole at a
regular meeting of said City Council held on the day of , 2010, by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this day of , 2010.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa
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