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City of San Leandro <br />Meeting Date: October 20, 2014 <br />Staff Report <br />Agenda Section:File Number:14-442 ACTION ITEMS <br />Agenda Number:10.C. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for an Urgency Ordinance Making Findings and Establishing a <br />Temporary Moratorium on the Establishment or Relocation of New and <br />Existing Massage Establishments to Become Effective Immediately <br />RECOMMENDATIONS <br />Staff recommends that the City Council adopt, by a 4/5 vote, an interim urgency ordinance to <br />place a temporary moratorium on the issuance of business licenses on new massage <br />establishments or the relocation of existing massage establishments within the City. The <br />moratorium will only prohibit new massage establishments and the relocation of existing <br />establishments to the extent permitted by State law. Upon its adoption, the moratorium will be <br />effective immediately for forty-five days. The moratorium may be extended through <br />subsequent public hearings and City Council actions for up to 22 months and 15 days. This <br />moratorium is necessary in order to conduct a study on how best to address the primary and <br />secondary effects to public safety, health and welfare associated with massage <br />establishments, and pending changes to state law that will re-establish local land use controls <br />over massage establishments. The act of adopting the moratorium is not a review or <br />determination on the merits of allowing disallowing the proposed land use. <br />BACKGROUND AND SUMMARY <br />Cities have traditionally had local control over local zoning and land use authority related to <br />massage establishments. In 2009, the Legislature adopted Senate Bill 731, which added the <br />Massage Therapy Act to state law. The Massage Therapy Act effectively eliminated local <br />zoning authority over massage establishments and limited San Leandro’s ability to regulate <br />massage establishments as it relates to business licensing, zoning, and promotion of public <br />health, safety, and welfare. <br />Prior to the effective date of the Massage Therapy Act, San Leandro had 11 massage <br />establishments. After the passage of the Massage Therapy Act in 2009 the number of <br />massage establishments in the City increased to 30. The noticeable increase in <br />Page 1 City of San Leandro Printed on 10/14/2014