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File Number: 14-442 <br />within a building that complies with all City, State, Federal or otherwise applicable, <br />codes, rules, regulations or laws; and <br />2.Persons engaged as: (a) physicians, surgeons, chiropractors, osteopaths, nurses, <br />physical therapists, or acupuncturists who are duly licensed to practice within the scope <br />of their licenses; (b) employed at hospitals, nursing homes, sanitariums, or any other <br />health facility licensed by the state; (c) coaches or trainers acting within the scope of <br />their employment at accredited high schools, junior colleges, colleges or universities, <br />and (d) trainers of amateur, semi-professional or professional athletes or athletic teams <br />while engaged in their training responsibilities for and with athletes, and working in <br />conjunction with a specific athletic event. <br />3.The issuance of a business license to, or relocation of, a California Massage Therapy <br />Council certified massage establishment until AB 1147 takes effect on January 1, <br />2015. <br />If a massage establishment was approved in the City, prior to the City having an opportunity to <br />study and adopt massage establishment regulations, it could create conflicts among land <br />uses, or conflict with the City’s long-term planning goals and General Plan. Also, multiple <br />jurisdictions, including San Leandro, have noticed a proliferation of massage establishments <br />and criminal activity at these locations. Accordingly, establishment or relocation of massage <br />establishments in the City at this time, before the City can adopt regulations or determine how <br />best to address potential secondary effects of these types of uses, presents a current and <br />immediate threat to the public health, safety, and welfare. Therefore, staff and the City <br />Attorney recommend adoption of the urgency ordinance in order to avoid this current and <br />immediate threat to the public health, safety, and welfare, which could occur if parties seeking <br />to evade the adoption of regulations were permitted to obtain approval for uses that might <br />defeat the ultimate objective of the adoption of regulations. <br />PREPARED BY: Richard D. Pio Roda, City Attorney, City Attorney’s Office <br />2338900.1 <br />Page 3 City of San Leandro Printed on 10/14/2014