HomeMy WebLinkAboutOrdinance No. 2015-O7URGENCY ORDINANCE NO. 2015-07
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA, ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858 TEMPORARILY
PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING
MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY
AND ZONING STANDARDS
WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City of
Azusa ("City") to make and enforce within its limits all ordinances and regulations not in
conflict with general laws; and
WHEREAS, in 2008, the California Legislature passed legislation, Senate Bill 731,
which effectively ended most local regulation of massage establishments; and
WHEREAS, on April 21, 2008 the City passed an interim urgency ordinance
establishing a moratorium on the issuance of permits and other land use approvals relating to
massage establishments to allow the City to study new regulations that would conform with the
requirements of Senate Bill 731; and
WHEREAS, on June 2, 2008, the City extended the moratorium for ten months and
fifteen days to continue studying new regulations; and
WHEREAS, on April 20, 2009, the City extended the moratorium for an additional one
year period to continue studying new regulations; and
WHEREAS, on October 3, 2011 the City adopted a new regulatory scheme governing
massage parlors and in full compliance with Senate Bill 731; and
WHEREAS, Senate Bill 731 has been widely criticized by local agencies and other
groups for providing massage businesses with unprecedented protection from local zoning and
land use authority, and interfering with local law enforcement efforts to close massage
businesses allowing prostitution and other illegal activities; and
WHEREAS, prior to the passage of Senate Bill 731 and the City's previous moratorium,
there were only four massage parlors within the City; and
WHEREAS, since the prior moratorium ended, the City has seen explosive growth in the
number of massage parlors — seventeen massage parlors now operate in the City; and
WHEREAS, the increased number of massage parlors has resulted in an increase of
police and code enforcement calls and services to many of those establishments, some of which
are suspected of allowing and encouraging sexually explicit activity to occur on the premises,
including prostitution; and
WHEREAS, during City inspections of some existing massage parlors, City inspectors
found violations of the Azusa Municipal Code and California law, including workers
compensation insurance and minimum wage violations, that lead to over $50,000 in fines; and
WHEREAS, arrests have occurred throughout Southern California on prostitution
charges associated with massage parlors and arrests both in Southern California and nationwide
have tied massage parlors to human trafficking; and
WHEREAS, in the last 36 months, the Azusa Police Department has received a number
of calls for service and complaints for incidents occurring at massage establishments, including
reports of prostitution being conducted on the premises and human trafficking occurring through
the parlors; and
WHEREAS, in accordance with Senate Bill 731, the Azusa Municipal Code ("AMC")
currently allows massage establishments to locate as of right in the same zones, with the same
zoning restrictions and requirements of other personal services or professional businesses; and
WHEREAS, the California Legislature passed Assembly Bill 1147, recently signed into
law by Governor Jerry Brown, which went into effect on January 1, 2015, in response to
widespread criticism of Senate Bill 731; and
WHEREAS, Assembly Bill 1147 authorizes cities and counties to use zoning and
licensing processes to regulate massage establishments by imposing reasonable zoning, business
licensing, and health and safety requirements on massage establishments; and
WHEREAS, per Government Code Section 65858(f), the legislative body may adopt a
subsequent interim ordinance provided that it is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different from the event, occurrence,
or set of circumstances that lead to the adoption of the prior interim ordinance; and
WHEREAS, the City's original moratorium ordinances were passed to evaluate
compliance with Senate Bill 731 in a landscape with only four massage parlors operating in the
City; and
WHEREAS, in contrast, this interim ordinance is adopted to evaluate new regulatory
options in compliance with the newly expanded authority granted by Assembly Bill 1147 in a
landscape with four times as many massage parlors operating in the City; and
WHEREAS, City staff requires time to gather data about the adverse impacts of massage
establishments and to research, study, and consider ways to possibly amend the City's business
license process and the Azusa Municipal Code to reduce potential illegalities occurring at
massage establishments; and
WHEREAS, City staff and the Police Department are conducting research into the
possible and likely impacts of further regulating massage establishments in the City in order to
mitigate adverse impacts; and
WHEREAS, City staff is gathering factual data regarding the adverse impacts
experienced by other cities that permit massage establishments. This information is currently
being processed as a tool to draft provisions for regulating massage parlors in the City; and
WHEREAS, as a result, the City Council desires to institute a forty-five (45) day
moratorium to allow staff and the City Council the opportunity to research and select the best
course of action for the City's citizens and the community at large.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1. URGENCY FINDINGS.
The above recitals are true and correct and are incorporated herein by reference. The
Azusa City Council hereby finds and determines that the dramatic change in regulatory authority
created by the passage of Assembly Bill 1147, the proliferation of massage establishments at
locations throughout the City, as well as the reports of prostitution, human trafficking, and other
disturbances and code enforcement violations constitutes an immediate threat to the public
health, safety and welfare. The approval of additional entitlements for massage establishments
under the City's current regulations will further threaten public health, safety, or welfare. The
adoption of this Ordinance is therefore necessary for the immediate protection of the public
safety, health and welfare.
SECTION 2. IMPOSITION OF MORATORIUM.
During the time this Ordinance is in effect, no business license or other permit or
entitlement shall be issued for the establishment or operation of a "massage establishment," as
defined in Assembly Bill 1147 until September 10, 2015, unless this moratorium is extended or
terminated by the City Council.
SECTION 3. ADOPTION.
Pursuant to Government Code Section 36937, this interim urgency ordinance is designed
to protect the health, safety, and welfare of the City and its residents and becomes effective
immediately upon adoption by a four-fifths (4/5) vote of the City Council following the notice
and public hearing required by Government Code Section 65858(a).
SECTION 4. TERM.
This Ordinance is adopted under the provisions of Government Code Section 65858 and
36937(b), and shall take effect immediately upon its passage by a four-fifths vote of the City
Council. This Ordinance shall remain in effect for forty-five (45) days from its adoption, unless
earlier repealed.
SECTION 5. REPORT REQUIRED
No less than ten (10) days prior to the scheduled expiration of this Ordinance, staff shall
issue a report to the City Council on the progress of its study and on determinations for how the
City should proceed, insofar as conclusions have been drawn.
SECTION 6. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT
The City Council finds that this Ordinance is not a project within the meaning of Section
15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has
no potential for resulting in physical change in the environment, directly or indirectly. The City
Council further finds, under Title 14 of the California Code of Regulations, section 15061(b)(3)
that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA.
Where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 7. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are severable.
The City Council hereby declares that it would have adopted this Ordinance irrespective of the
invalidity of any particular portion thereof.
PASSED, APPROVED, AND ADOPTED this 27th day of July, 2015.
Joseph Romero Rocha
Mayor
ATTEST:
00-5mo-T`'
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Jeffrey Lawrence Cornejo Jr., City Clerk of the City of Azusa, do hereby certify that the
foregoing Interim Urgency Ordinance No. 2015-07 was duly introduced and adopted at a special
meeting of the City Council held on the 27th day of July, 2015, by the following roll -call vote, to
wit:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Comejo, JrCity Clerk,
APPROVED AS TO FORM:
Best, Bst & Krieg LLP
City At orney