Ordinance Number 777433
ORDINANCE NO. 777
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, EXTENDING ORDINANCE NO. 774, WHICH ESTABLISHED
A MORATORIUM ON THE APPROVAL OF BUSINESS LICENSE
APPLICATIONS AND THE APPROVAL OF BUILDING PERMIT PLANS FOR
MASSEUSES, MASSEURS, AND MASSAGE THERAPISTS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
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 therapists, and requires no additional discretionary
review; and,
WHEREAS, Title 9, Land Use Code, does not contain provisions which regulate
the location, extent, and hours of operation for masseuses, masseurs, and massage therapists; and,
WHEREAS, the City has, over the last year, experienced significant growth in the
total number of masseuses, masseurs, and massage therapists within the City; and,
WHEREAS, the Orange County Sheriffs Department crime records and statistics
indicate that in certain cases, masseuses, masseurs, and massage therapists have functioned in such
a manner as to violate criminal statutes with respect to unlawful activities; and,
WHEREAS, the California Government Code Section 65850 grants the City police
power authority to regulate land use activities including masseuses, masseurs, and massage
therapists, in order to protect and preserve the public health, interest and general welfare; and,
WHEREAS, pursuant to California Government Code Section 65858(c), the
unregulated proliferation of masseuses, masseurs, and massage therapists within the City of San
Juan Capistrano represents a current and immediate threat to the public health, safety and general
welfare and that approval of additional licenses and permits for use would result in a threat to
public health, safety and welfare.
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Pursuant to the findings set forth in Section 1 preceding, and pursuant to authority
granted under Government Code Section 65858, the City Council of the City of San Juan
Capistrano hereby imposes a moratorium on the approval of business license applications, the
approval of building permit plans, or any other local government approval allowing the use,
maintenance and operation of masseuses, masseurs, and massage therapists as classified by Section
3-1.202, Business and Professions, subsection (c), Classification "C": Special Business Licenses.
The purpose of this moratorium is to allow the City to prepare and consider land use standards and
regulations for the control and lawful operation of masseuses, masseurs, and massage therapists.
No exemptions are granted and any masseuse or massage parlor use with a pending
business license application or pending building permit application shall be subject .to this
moratorium.
Pursuant to Government Code Section 65858, this Urgency Ordinance shall take
effect and be in force on the date of its adoption, and shall be of no further effect nor force ten
(10) months and fifteen (15) days from its adoption. This Urgency Ordinance is extended
pursuant to the provisions of Government Code Section 65090.
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this sth day of
March 1996.
Lj�u
WYATT ART, MAYOR
ATTEST:
CITY CLERX
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, 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 Ordinance
No. 777 which was adopted at a meeting held on March 5th 1996,
by the following vote:
AYES: Council Members Jones, Nash, Swerdlin, Campbell
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JORNSON, CITY CLERK
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