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File Number: 14-443
<br />significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2),
<br />above, it can be seen with certainty that there is no possibility that this ordinance will have a
<br />significant effect on the environment.
<br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as
<br />follows:
<br />Section 1. Recitals Made Findings. The above recitals are hereby declared to be true
<br />and correct and findings of the City Council of the City of San Leandro.
<br />Section 2. Moratorium Imposed.
<br />A. Scope. In accordance with the authority granted the City of San Leandro under Article
<br />XI, Section 7 of the California Constitution and California Government Code Section 65858,
<br />from and after the effective date of this ordinance, no person, partnership, corporation, or
<br />other entity shall commence doing business as, or operations of, a massage establishment,
<br />nor shall a business license be issued to a massage establishment owner unless specifically
<br />excluded herein.
<br />B. Exceptions. This moratorium shall not prohibit the following: 1) the renewal of a
<br />business license for an existing massage establishment provided that the renewal seeks to
<br />maintain the massage establishment in its current location, and the massage establishment is
<br />operating in a manner, and housed within a building, which complies with all City, State,
<br />Federal or otherwise applicable, codes, rules, regulations or laws; 2) persons engaged as
<br />follows: (a) physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or
<br />acupuncturists who are duly licensed to practice within the scope of their licenses; (b)
<br />employed at hospitals, nursing homes, sanitariums, or any other health facility licensed by the
<br />state; (c) coaches or trainers acting within the scope of their employment at accredited high
<br />schools, junior colleges, colleges or universities, and (d) trainers of amateur,
<br />semi-professional or professional athletes or athletic teams while engaged in their training
<br />responsibilities for and with athletes, and when training or working in conjunction with a
<br />specific athletic event; and 3) the issuance of a business license to, or relocation of, a CAMTC
<br />certified massage establishment until AB 1147 takes effect on January 1, 2015.
<br />C. Statutory Findings and Purpose . This ordinance is declared to be an interim ordinance
<br />as defined under California Government Code Section 65858. This ordinance is deemed
<br />necessary based on the findings of the City Council as set forth in the recitals incorporated by
<br />Section 1 of this ordinance, and the additional information set forth below:
<br />1. The purpose of this ordinance is to protect the public safety, health and welfare from a
<br />current and immediate threat posed by the establishment or relocation of new and existing
<br />massage establishments within the City of San Leandro, in light of the State Legislature’s
<br />recent passage of Assembly Bill 1147, which reinstates significant local control over massage
<br />establishments to local jurisdictions, until such reasonable time as a detailed study of the
<br />possible adverse impacts such establishments might have on commercial and residential
<br />uses and the general public health, safety, and welfare. The facts constituting the urgency
<br />are: a) the City currently has 30 establishments that provide massage and only had 11
<br />establishments prior to the passage of Senate Bill 731 in 2009, which deprived cities of local
<br />control over massage establishments; b) cities throughout California, including San Leandro,
<br />Page 4 City of San Leandro Printed on 10/14/2014
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