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establishments conflict with contemplated zoning and with the public health, safety, and welfare; <br /> and g)the State Legislature recently passed Assembly Bill 1147, which will become law on <br /> January 1, 2015, and permits cities to re-establish local land use control over massage <br /> 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 massage <br /> establishments in the City to provide time for the City Council to further evaluate and consider <br /> possible adoption of legislation, guidelines and/or polices as required to avert the potential <br /> 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 are <br /> 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 the <br /> 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 /> ***** <br /> ORDINANCE NO.2014-019 5 <br />