Resolution Number 96-2-6-4246
RESOLUTION NO. 96-2-6-4
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATION PREPARATION OF AN
AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE REGARDING
REGULATION OF MASSEUSES, MASSEURS AND MASSAGE FACILITIES
WHEREAS, Title 3, Chapter 1 of the Land Use Code requires businesses to secure
a valid business license prior to operating a commercial business enterprise within the City, including
masseuses, masseurs, and massage facilities, and requires no additional land use discretionary review;
and,
WHEREAS, Title 9, Land Use, does not contain provisions which regulate the
location, extent and hours of operation for masseuses, masseurs and massage facilities; and,
WHEREAS, the City has, over the past eighteen months, experienced significant
growth in the total number of masseuses, masseurs and massage facilities within the City and the
Orange County Sheriffs Department crime records and statistics indicate that in certain cases,
masseuses, masseurs and massage facilities have functioned in such a manner as to violate criminal
' statutes with respect to unlawful activities; and,
WHEREAS, California Government Code Section 65850 grants the City police
power authority to regulate land use activities including masseuses, masseurs and massage facilities
in order to protect and preserve the public health, interest and general welfare, and the unregulated
proliferation of masseuses, masseurs and massage facilities within the City of San Juan Capistrano
represents a real threat to the public health, interest and general welfare; and,
WHEREAS, Section 9-2.102(a) of the Municipal Code grants sole authority to the
City Council to initiate any amendments to Title 9, Land Use, of the City's Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby find that:
1. Amendments to Title 9, Land Use, with respect to masseuses, masseurs and
massage facilities are appropriate and necessary in order to protect and preserve the public health,
interest and general welfare.
2. Amendment to Title 9, Land Use, would be consistent with the stated goal and
purpose established by Section 9-1.104, which states the provisions are "... for the promotion of the
public health, safety, comfort, convenience, and general welfare."
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BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby direct staff to prepare draft amendments to Title 9, Land Use, with respect
to masseuses, masseurs, and massage facilities, noting that initiation of this amendment shall not be
construed as future approval; it merely creates the opportunity for the issue to be fully discussed.
PASSED, APPROVED, AND ADOPTED this 6th day of
February 1996.
i'
WYATT T, MAYOR
ATTEST:
CITI� C E J
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
96-2-6-4 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 6th day of February 1996, by the
following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell and
Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, CITY CLERK
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