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File Number: 14-443 <br />determine what local regulations may be appropriate or necessary for massage <br />establishments, (4) study and determine the appropriate zoning and location for massage <br />establishments, and (5) determine appropriate controls for protection of public health and <br />welfare. <br />WHEREAS, in accordance with California Government Code Section 65858, subdivision <br />(c), which provides that such interim ordinances that have the effect of denying approvals <br />needed for the development of projects with a significant component of multifamily housing <br />(as defined in California Government Code Section 65858, subdivisions (g) and (h)) may not <br />be extended except upon written findings adopted by the legislative body as specified in the <br />subdivision, the City Council hereby finds that the moratorium established pursuant to this <br />ordinance will not have the effect of denying approvals needed for the development of <br />projects with a significant component of multi-family housing; and that, therefore, the findings <br />specified in Section 65858, subdivision (c), need not be made; and <br />WHEREAS, consistent with the return of local land use authority pursuant to Assembly Bill <br />1147, staff shall commence steps to conduct a study of the potential impacts of massage <br />establishments, and possible amendments to the City’s Municipal Code and Zoning Code for <br />clear, consistent and uniform regulations related to the establishment, location and operation <br />of such businesses; and <br />WHEREAS, the City will take steps to update its Municipal Code and Zoning Code to <br />ensure the City's laws are consistent with the goals, policies and standards of the General <br />Plan and the goals of the City Council to protect the public health, safety, and welfare; and <br />WHEREAS, the City will consider other existing and potential land uses within the City to <br />assure a degree of compatibility between the location of massage practice and surrounding <br />properties, and study revisions to the Zoning Code; and <br />WHEREAS, the City seeks a moratorium on establishment or relocation of massage <br />establishments to provide the City time to study and plan its approach to massage regulation <br />following the Governor’s approval of Assembly Bill 1147; and <br />WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) <br />Guidelines, this ordinance is exempt from CEQA based on the following: <br />(1) This ordinance is not a project within the meaning of Section 15378 of the State <br />CEQA Guidelines, because it has no potential for resulting in physical change in the <br />environment, directly or ultimately. <br />(2) This ordinance is categorically exempt from CEQA under Section 15308 of the <br />CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in <br />accordance with Government Code Section 65858 to assure maintenance and protection of <br />the environment pending the evaluation and adoption of contemplated local legislation, <br />regulation and policies. <br />(3) This ordinance is not subject to CEQA under the general rule in CEQA Guidelines <br />Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a <br />Page 3 City of San Leandro Printed on 10/14/2014