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File Number: 14-443 <br />WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing <br />zoning regulations that address the location of California Massage Therapy Council <br />(“CAMTC”) certified massage establishments near potentially sensitive areas throughout the <br />City; and <br />WHEREAS, the California Legislature recently passed Assembly Bill 1147, which is <br />effective January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 <br />(commencing with Section 4600) of Division 2 of the Business and Professions Code, and <br />amending Section 51034 of the Government Code; and <br />WHEREAS, Assembly Bill 1147 will return land use authority over massage <br />establishments to cities; and <br />WHEREAS, as applications from CAMTC certified massage establishments for business <br />licenses are submitted to the City, there is no determination whether the locations of such <br />uses are consistent with the purpose and intent of the City's zoning ordinance and <br />unregulated massage establishments conflict with contemplated zoning and with the public <br />health, safety, and welfare; and <br />WHEREAS, there is a threat to the public health, safety and welfare of the community if <br />massage establishments locate in the City without proper regulations in place. Absent the <br />adoption of this interim urgency ordinance, it is likely that the establishment and operation of <br />massage establishments in locations within the City, without appropriate controls in place to <br />regulate the impacts on the community, will result in harmful effects to the businesses, <br />property owners and residents of the City; and <br />WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may <br />make and enforce within its limits all local police, sanitary and other ordinances and <br />regulations not in conflict with general laws; and <br />WHEREAS, California Government Code Section 65858, subdivision (a) provides that city <br />legislative bodies may, to protect public safety, health and welfare, adopt as an urgency <br />measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated <br />general plan, specific plan, or zoning proposal that the legislative body is considering or <br />studying or intends to study within a reasonable time; that adoption of such urgency measures <br />requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 <br />days from the date of adoption, and may be extended a maximum of two times and have a <br />maximum total duration of 2 years; and <br />WHEREAS, California Government Code Section 65858, subdivision (c) provides that <br />legislative bodies may not adopt or extend such interim ordinances unless they contain <br />findings that there is a current and immediate threat to the public health, safety, and welfare, <br />and that the approval of additional entitlements would result in that threat to the public health, <br />safety and welfare; and <br />WHEREAS, the City Council desires to (1) address the community concerns regarding the <br />establishment and operation of all massage establishments, (2) study the potential impacts <br />massage establishments may have on the public health, safety and welfare, (3) study and <br />Page 2 City of San Leandro Printed on 10/14/2014