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O-2018-015 Personal Services Businesses Extended Interim Urgency Ordinance 2018-11-06URGENCY ORDINANCE NO. 0-2018-015 AN EXTENDED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ESTABLISHING A CITYWIDE MORATORIUM PROHIBITING THE APPROVAL, EXPANSION, INTENSIFICATION OR RELOCATION OF ANY NEW OR EXISTING SPECIFIED BUSINESSES AND DECLARING SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY WHEREAS, Article 11, Section 7 of the California Constitution authorizes the City to make and enforce laws within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, zoning and other land use chapters contained in the Pismo Beach Municipal Code are mostly silent with regard to the regulation and location of the following types of businesses: tattoo parlors, massage establishments, pawn shops, resale shops, smoke shops, check cashing stores/payday loan businesses, bail bonds businesses, gold and silver exchange stores, tire sales and repair, and blood/plasma sale centers (hereinafter "specified personal services businesses"); and WHEREAS, without well-planned residential neighborhoods and business districts, sections of the City can quickly deteriorate, with adverse consequences to social, environmental and economic value; and WHEREAS, in order to address legal concerns regarding the unregulated establishment of these specified personal services businesses, it is necessary for the City of Pismo Beach to study the potential impacts such specified personal services businesses may have on the public health, safety and welfare and to consider adoption of regulations based upon said research, including recent court decisions and legislation; and WHEREAS, there is an immediate threat to the public health, safety and welfare of the community as specified personal services businesses consider locating in the City without well-defined regulations in place, and, absent the adoption of this extended interim urgency ordinance, it is likely that the establishment or operation of these specified personal services businesses will result in harmful effects to business, property owners and residents of the City without appropriate controls in place to regulate their impacts on the community; and WHEREAS, the City Council further finds a current and immediate threat to the public health, safety, and welfare would result if the City of Pismo Beach issues permits, business licenses, or other applicable entitlements for the establishment, expansion or relocation of these specified personal services businesses prior to the City's study of impacts; and PAGE 1 OF 5 0-2018-015 WHEREAS, on December 5, 2017, the City Council adopted Ordinance 0-2017-005 as an interim urgency ordinance imposing a temporary moratorium on establishment, relocation, or expansion of these specified personal services businesses to provide the City time to study and plan its approach to these business establishment regulations; and WHEREAS, on January 16, 2018, the City Council held a duly -noticed public hearing and adopted Urgency Ordinance 0-2018-002, extending the interim urgency ordinance for an additional 10 months and 15 days in accordance with Government Code Section 65858; and WHEREAS, since the Planning Commission has not yet had an opportunity to provide its input to the City Council on a permanent ordinance, and since the City Council has not yet had sufficient time to consider a permanent ordinance, the City seeks to extend a temporary moratorium on establishment, relocation, or expansion of these specified personal services businesses for one additional year, in accordance with Government Code Section 65858, to provide the City time to study and plan its approach to these business establishment regulations. NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows: SECTION 1. The foregoing recitals are adopted by the City Council as findings in support of this interim urgency ordinance. SECTION 2. The following regulation is hereby imposed. This regulation shall prevail over any conflicting provisions of the Pismo Beach Municipal Code or the other ordinances, resolutions, policies and regulations of the City of Pismo Beach: During the time that this extended interim urgency ordinance is in effect, there shall be a moratorium upon the issuance or approval of any subdivision, use permit, building permit, variance, business license, or any other applicable entitlement for the use, establishment or operation of the following specified personal services businesses within the City of Pismo Beach, or the expansion, intensification or relocation of any of the following existing specified personal services businesses within the City of Pismo Beach. During the time that this interim urgency ordinance is in effect, no person shall establish or operate a new specified personal services business within the City of Pismo Beach, or expand, intensify or relocate any existing specified personal services business within the City of Pismo Beach. As used herein, "specified personal services business" shall mean the following businesses: PAGE2OF5 0-2018-015 1. tattoo parlors 2. massage establishments 3. pawn shops 4. resale shops 5. smoke shops 6. check cashing/payday loan businesses 7. bail bonds businesses 8. gold and silver exchange stores 9. tire sales and repair establishments 10. blood/plasma sale centers The following definitions shall apply where used in this Ordinance: Bail Bonds Business: any establishment that is in the business of acting as a surety and pledging money or property as bail for the appearance of a criminal defendant in court. Blood/Plasma Sale Center: any establishment whose primary purpose is whole blood extraction or plasmapheresis from individuals selling, bartering or exchanging for monetary consideration whole blood or blood plasma. Check Cashing/Payday Loan Business: any establishment whose primary purpose is to provide check cashing services, or payday advance loans. Gold and Silver Exchange Store: any establishment that is in the business of accepting gold, silver and other precious metals primarily from jewelry, in exchange for monies. Massage establishment: any establishment that offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the customer or client through outcall massage services. Any business that offers any combination of massage therapy and bath facilities—including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs—shall be deemed a massage establishment under this Ordinance. The term "massage establishment" includes a certified massage practitioner who is the sole owner, operator and employee of a massage business operating as a sole proprietorship. Massage business shall also include any location where massage services are provided pursuant to an off -premises massage permit or as a home occupation. Pawn Shop: any establishment in which the business of pawn brokering, or the business of lending money upon person property, pawns or pledges is engaged in, carried on or conducted. Resale shop: any establishment that includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning PAGE3OF5 0-2018-015 secondhand tangible personal properly, subject to the definition and exclusions set forth in Business and Professions Code section 21626. Smoke Shop: any establishment that either: (1) devotes more than fifteen percent (15%) of their total floor space to smoking, electronic cigarette/vaping or tobacco paraphernalia, or (2) devotes more than a two foot by four -foot (two feet in depth maximum) section of shelf space for display for sale and sale of smoking, electronic cigarette/vaping or tobacco paraphernalia. Tattoo Parlor: any establishment that engages in the business of tattooing, application of permanent makeup, and/or branding and body piercing of human beings. Tire Sales and Repair Establishments: any establishment whose primary business is the sale or repair of vehicle tires. SECTION 3. Based upon the findings set forth in Section 1, above, this is an extended interim urgency ordinance adopted pursuant to Government Code Section 65858. This ordinance shall therefore take effect immediately upon adoption. This ordinance shall remain in effect for one year from the expiration date of Ordinance 0-2018-002; that is, until December 4, 2019. The amendments to the City's LCP and zoning ordinance created by this urgency ordinance do not require certification from the California Coastal Commission. The Coastal Act does not deprive local governments from exercising their statutory power to enforce urgency ordinances, nor require prior review and approval of such ordinances by the Coastal Commission, provided that the ordinances are not in conflict with the Coastal Act. Certification by the Coastal Commission is required only for amendments that authorize a use other than that designated as a permitted use in the LCP. Conway v. City of Imperial Beach (1997) 52 Cal.App.4th 78. SECTION 4. The City Council finds that this ordinance maintains the status quo,. that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2), as the activity will not result in a direct or reasonably_foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) in that the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment directly or indirectly, and it prevents changes in the environment pending the completion of the contemplated zoning code review. SECTION 5. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be PAGE4OF5 0-2018-015 unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections and clauses in regard to other contracts shall not be affected. SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. Before the expiration of fifteen (15) days after. the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach. ADOPTED at a regular meeting of the City Council held this 6th day of November, 2018, on motion of Council Member Guthrie, seconded by Council Member Blake, and on the following vote: AYES: 4 Guthrie, Blake, Reiss, Waage NOES: 0 ABSENT: 1 Howell ABSTAIN: 0 RECUSED: 0 Approved: Attest: LOq.641- Ed Waage, Mayor APPROVED AS TO FORM: David 411.ishman, City Attorney rica Inder ' - d. i Clerk CERTIFICATION OF ORDINANCE POSTING pursuant to Government Code §40806 STATE OF CALIFORNIA } ss. COUNTY OF SAN LUIS OBISPO } I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2018-015, titled AN EXTENDED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA ESTABLISHING A CITYWIDE MORATORIUM PROHIBITING THE APPROVAL, EXPANSION, INTENSIFICATION OR RELOCATION OF ANY NEW OR EXISTING SPECIFIED BUSINESSES AND DECLARING SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933. Dated this 13th day of NOV .. 2018. Witness my hand and official seal. PAGE5OF5 0-2018-015