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File Number: 14-442 <br />establishments is similar to other cities in Alameda County. Cities throughout California have <br />received numerous complaints regarding illicit activity, including prostitution, at massage <br />establishments. One massage establishment in San Leandro with a history of multiple <br />offenses for prostitution since 2011 was recently shut down as part of a county-wide law <br />enforcement sting operation. <br />The Governor recently signed Assembly Bill 1147, which will be effective January 1, 2015. <br />Assembly Bill 1147 will amend the California Business and Professions Code to return land <br />use authority over massage establishments to cities and counties. <br />In order to comply with current State law, as applications for business licenses for massage <br />establishments are submitted to the City, there is no determination whether the locations of <br />such uses are consistent with the purpose and intent of the City's zoning ordinance. Absent <br />the adoption of this interim urgency ordinance, it is likely that the establishment and operation <br />of massage establishments within the City, without updated controls and regulations in place <br />to address the primary and secondary impacts on the community, will result in harmful effects <br />to neighboring businesses, property owners and residents. <br />A moratorium on the establishment of new or the relocation of existing massage <br />establishments to provide time to study and plan an approach to massage regulation following <br />the Governor’s approval of Assembly Bill 1147 is necessary. The proposed moratorium will <br />allow the City Council to (1) address community concerns regarding the establishment and <br />operation of massage establishments, (2) study the impacts massage establishments have on <br />public health and safety, (3) study and determine what regulations are legally allowed upon <br />massage establishments that are owned by or employ massage therapists certified by the <br />California Massage Therapy Council, (4) study and determine the appropriate zoning and <br />location for massage establishments, and (5) determine appropriate controls for primary and <br />secondary impacts associated with massage establishments for protection of public health <br />and welfare. <br />With the return of local land use authority pursuant to Assembly Bill 1147, staff will study and <br />may recommend amendments to the City’s Municipal Code and Zoning Code for clear, legally <br />consistent and uniform regulations related to the establishment, location and operation of <br />massage establishments. <br />Pursuant to Government Code section 65858, the City may establish a moratorium prohibiting <br />any uses that may be in conflict with a contemplated zoning proposal that the legislative body <br />or the planning department is considering or studying or intends to study within a reasonable <br />time. The City may adopt a moratorium on an urgency basis provided that the City finds that <br />there exists a threat to the public health, safety and welfare. <br />Staff and the City Attorney have prepared the attached urgency ordinance for the City <br />Council’s consideration. As described in more detail below, this urgency ordinance would <br />establish a temporary moratorium on the issuance of business licenses for massage <br />establishments and the relocation of existing massage establishments. The moratorium would <br />not prohibit: <br />1.The renewal of a business license for an existing massage establishment that seeks to <br />maintain the massage establishment in its current location, in a manner, and housed <br />Page 2 City of San Leandro Printed on 10/14/2014