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HomeMy Public PortalAbout98-1150U SON, 4� h ORDINANCE NO. 98-115OU AN INTERIM ORDINANCE OF THE CITY OF CARSON ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF MASSAGE PARLORS AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Moratorium. Notwithstanding any other ordinance or provision of the Carson Municipal Code, no person shall establish, and the City of Carson shall not accept or approve applications for subdivisions, use permits, variances, building permits, business licenses, or any other applicable entitlement to establish a massage parlor in any portion of the City during the duration of this Ordinance. Section 2. Definition. For purposes of this Ordinance, the term "massage parlor" shall mean a place where massages, fomentations, electric or magnetic treatment or alcohol rubs are administered or given; provided, however, that "massage parlor" shall not include any place where such treatments are personally administered in good faith in the course of practice of any healing art by any person licensed to practice such art or profession under state law. Section 3. Exclusions. The moratorium established in Section 1 above shall not apply to the establishment of a business that has obtained all required permits and licenses and has commenced operation as of the effective date of this Ordinance. Section 4. Duration. This Ordinance shall expire and terminate forty-five (45) days after the date of adoption thereof unless extended by the City Council, at a duly noticed public hearing, pursuant to Section 65858 of the California Government Code. Section 5. Declaration of Urgency. The City of Carson has received two separate applications for permits to establish a massage parlor. Based on the experience of other municipalities that have approved massage parlor uses, the City Council finds that unless strictly regulated massage parlors generate adverse impacts on neighboring properties and the community generally. The City of Carson's existing massage regulations were enacted over twenty-five years ago, and may not be sufficient to prevent such negative effects. For this reason, there is a current and immediate threat to the public health, safety or welfare. The approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for a massage parlor use would result in that threat to the public health, safety or welfare. The City of Carson intends to study, within a reasonable time, a zoning proposal concerning the location and operation of massage parlors. Pending completion of this review and adoption of any necessary modifications to existing ordinances, it is necessary for the preservation of the public peace, health, safety and welfare that this CITY OF CARSON Page 1 of 2 ORDINANCE NO. 98-115OU 980928 C1380 00930 t,b 1391020(1) Ordinance take effect immediately. In the absence of immediate effectiveness, new massage parlors may be established that would result in adverse impacts on neighboring uses, and the community generally, and that conflict with the regulations ultimately adopted by the City. Due to the foregoing circumstances, it is necessary for the preservation of the public peace, health, safety and welfare that this Ordinance take effect immediately. PASSED, APPROVED AND ADOPTED this 6'" day of October, 1998. ATTEST: r CITY CLERK `� �% MAYOR APPROVED AS TO FORM: CI ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF CARSON ) 1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 98-115OU was duly and regularly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council, duly and regularly held on the 6th day of October, 1998, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Olaes, O'Neal and Sweeney NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Ca n, California CITY OF CARSON Page 2 of 2 ORDINANCE NO. 98-115OU 980928 C1 3 80-009 30 trb 1391020(1)