Agenda Item Wording:
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Urgency Ordinance Extension - Public Hearing and Consideration of the extension of 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). This statute permits the adoption of an urgency interim zoning ordinance for up to 22 months and fifteen days after notice, public hearing, and adoption by four-fifths vote of the City Council, Citywide.
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Deadline for Action: 6/3/2024
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 extend Ordinance No. 2024-05, an interim ordinance adopted as emergency measures to regulate the location and operational requirements for massage establishments.
Summary:
On April 23, 2024, the City Council adopted Ordinance No. 2024-05. The urgency ordinance was considered under Government Code section 65858(b), which permits the adoption of interim zoning ordinances as an urgency measure upon findings that there is a current and immediate threat to public health, safety, or welfare. The City Council made the findings, as stated in the attached ordinance, that these uses pose an immediate threat to the public health, safety, or welfare.
However, pursuant to Government Code section 65858(b), the urgency ordinance voids after 45 days after its adoption unless extended by a subsequent 4/5 approval by the legislative body after a public hearing with notice of hearing published at least 10 days prior to the hearing along with posting the notice of hearing at least 10 days before the hearing in at least three public places. The interim ordinance is set to expire on June 7, 2024. A public hearing notice was published in the Visalia Times Delta, and the hearing notice was posted in three public places ...
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