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File Number: 14-443 <br />have received complaints, investigated, and from time to time have found illicit activity, <br />including but not limited to prostitution, occurring at massage establishments; c) there are no <br />existing regulations within the City of San Leandro that address the location of California <br />Massage Therapy Council (“CAMTC”) certified massage establishments, and massage <br />operations, which are near potentially sensitive areas throughout the City; d) such locations <br />can be particularly sensitive to potential harmful effects of massage establishments; e) as <br />applications for business licenses are submitted to the City, there is no determination whether <br />the locations of such uses are consistent with the purpose and intent of the City's zoning <br />ordinance; f) unregulated massage establishments conflict with contemplated zoning and with <br />the public health, safety, and welfare; and g) the State Legislature recently passed Assembly <br />Bill 1147, which will become law on January 1, 2015, and permits cities to re-establish local <br />land use control over massage establishments. <br />2. Absent the adoption of this urgency ordinance, the establishment and operation of <br />massage establishments in the City would result in the harmful secondary effects identified <br />above. <br />3. It is necessary to study the possible adoption of amendments to the City’s Municipal <br />Code and Zoning Code in order to adopt legislation pursuant to the return of local land use <br />control over massage establishments authorized by Assembly Bill 1147. <br />4. Issuing business licenses, prior to the completion of the City’s study of the potential <br />impact of such facilities, poses a current and immediate threat to the public health, safety, and <br />welfare. <br />5. In light of the harmful secondary effects associated with massage establishments and <br />the current and immediate threat such secondary effects pose to the public health, safety and <br />welfare, it is necessary, in accordance with Government Code section 65858, to impose a <br />moratorium on the issuance of entitlements for and the establishment or relocation of <br />massage establishments in the City to provide time for the City Council to further evaluate and <br />consider possible adoption of legislation, guidelines and/or polices as required to avert the <br />potential impacts of massage establishments. <br />Section 3. Severability. If any provision of this ordinance or the application thereof to <br />any person or circumstance is held invalid, the remainder of the ordinance, including the <br />application of such part or provision to other persons or circumstances shall not be affected <br />thereby and shall continue in full force and effect. To this end, provisions of this ordinance <br />are severable. The City Council of the City of San Leandro hereby declares that it would have <br />passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof <br />irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, <br />sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. <br />Section 4. Effective Date and Duration. This Ordinance shall become effective <br />immediately upon passage and adoption if passed and adopted by at least four-fifths vote of <br />the City Council and shall be in effect for 45 days therefrom unless extended by the City in <br />accordance with California Government Code Section 65858. <br />2338898.1 <br />Page 5 City of San Leandro Printed on 10/14/2014