ORDINANCE 1265ORDINANCE NO. 1265
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING
THE EL SEGUNDO MUNICIPAL CODE RELATING TO
MASSAGE ESTABLISHMENTS AND THEIR LOCATION
WITHIN THE URBAN MIXED -USE ZONE
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of E1 Segundo does
find, determine and declare as follows:
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(a) That the City is authorized by virtue of the State
Constitution, and Section 51031 of the Government Code,
to regulate massage establishments, as defined in
Section 20.08.590 of the E1 Segundo Municipal Code, by
imposing reasonable standards relative to the operation
of massage establishments.
(b) The location of massage establishments has a
potentially significant impact on the public safety,
community aesthetics, quality of life, and the general
welfare of the citizens of E1 Segundo.
(c) California State Law, Government Code Section 65858,
authorizes an interim ordinance by urgency measure to
protect against a current and immediate threat to the
public safety or welfare. The interim ordinance may
prohibit certain land uses while the City studies a
zoning proposal to prevent said threat. This Ordinance
is an Urgency Ordinance, enacted pursuant to Government
Code Section 65858. The term of the Urgency Ordinance
shall be for a period of 45 days from the date of
adoption, unless and until legally extended in
accordance with law by action of the City Council.
(d) There is a current and immediate threat to the public
welfare due to the potential location of massage
establishments in E1 Segundo. The development of a
permanent ordinance relating to the location of massage
establishments will require further study and analysis.
Therefore, the City Council finds and declares that
this Urgency Ordinance is required for the immediate
preservation of the public peace, safety, or welfare of
the citizens of El Segundo.
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SECTION 2. Section 5.40.130(11) is hereby added to Chapter
5.40 of the E1 Segundo Municipal Code:
11(11) That the massage establishment, as defined in section
20.08.590, is located within an Urban Mixed -Use ( "M -U")
Zone, as defined in Chapter 20.36."
SECTION 3. Section 20.36.020(M) is hereby added to Chapter
20.36 of the E1 Segundo Municipal Code:
"(M) Massage establishments, as defined in section
20.08.590, that meet the requirements contained in Chapter
5.40, in addition to all other requirements imposed by law."
SECTION 4. The City Council determines that the public
health, safety and welfare is protected by the immediate
imposition of clearly enumerated restrictions on the location of
massage establishments because such restrictions prevent hazards
property associated with inappropriately located establishments,
assure the continued attractiveness of the City and protect
property values.
SECTION 5. This Ordinance is an Urgency Ordinance, enacted
pursuant to Government Code Section 65858. The term of the
Urgency Ordinance shall be for a period of 45 days from the date
of adoption, unless and until legally extended in accordance with
law by action of the City Council.
SECTION 5. This Ordinance shall be adopted by a four - fifths
(4/5) vote of the City Council and shall be effective immediately
upon such vote.
SECTION 7. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for
any reasons held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 8. The City clerk shall certify to the passage of
this ordinance; shall cause the same to be entered in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the meeting at
which the same is passed and adopted; and shall within fifteen
days after the passage and adoption thereof, cause the same to be
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posted or published once in a weekly newspaper of general
circulation, published and circulated within said City of E1
Segundo and which I hereby designated for that purpose.\
PASSED, APPROVED, AND ADOPTED
January, 1997.
ATTEST:,
fPROVED C erk
AS TO FORM:
ty Attorney
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21st day of
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1265 is a full, true correct original
of ORDINANCE NO. 1265 of the said City of El Segundo, California, entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING
THE EL SEGUNDO MUNICIPAL CODE RELATING TO
MASSAGE ESTABLISHMENTS AND THEIR LOCATION
WITHIN THE URBAN MIXED -USE ZONE
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 21st DAY OF JANUARY, 1997, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1265
was posted and /or published in the manner prescribed by law.
:7
/ yND Prkof T SEN
City C the
C ity of El Segundo, California
(SEAL)
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