Agenda Item Wording:
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Urgency Ordinance - Public Hearing and adoption of an interim Ordinance No. 2024-05 adopted as emergency measures to regulate the location and operational requirements for massage establishments pursuant to Government Code section 65858(b), Citywide. (4/5's approval of the City Council is required for passage.)
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Deadline for Action: 4/23/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Paul Bernal, Planning and Community Preservation Director, paul.bernal@visalia.city, (559)713-4025
Department Recommendation:
Staff recommends that the City Council adopt Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments.
Summary:
On March 4, 2024, the City Council adopted Ordinance No. 2024-03. The interim urgency ordinance was adopted to establish additional regulations for massage establishments, in the interim, while more specific regulatory changes to the Visalia Municipal Code (Title 5 Business Regulations and Title 17 Zoning) are being further considered.
The interim emergency ordinance was considered under Visalia City Charter Article VI, Section 7, and Government Code section 65858, which permit the adoption of an interim emergency ordinance, as an urgency measure upon findings that the proposed ordinance is needed due to alleviate a current and immediate threat to the public health, safety, or welfare. The ordinance was approved and went into effect immediately. However, under section 65858, an interim ordinance is only valid for 45 days unless it is readopted after a publicly noticed hearing to extend the ordinance for a longer period. City staff were not able to publish the required public notice within the initial 45-day period.
As result, staff requesting the City Council adopt Ordinance No. 2024-05 by a 4/5 vote pursuant to Government Code section 65858(b), to reinstate the interim emergency...
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