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File Number: 14-484 <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />BY: Rich Pio Roda <br />City of San Leandro <br />Meeting Date: November 17, 2014 <br />City Attorney <br />FINANCE REVIEW: Not Applicable <br />Staff Report <br />Agenda Section: PUBLIC HEARINGS <br />Agenda Number: 4.A. <br />TITLE: Staff Report for an Urgency Ordinance Extending a Temporary Moratorium on <br />the Establishment or Relocation of New and Existing Massage Establishments <br />for a Period of Ten Months and Fifteen Days, to Become Effective <br />Immediately <br />:7Xd01JiIJ,14►117_1111 Is] ►K <br />Staff recommends that the City Council adopt the interim urgency ordinance extending a <br />temporary moratorium on the issuance of business licenses on new massage establishments <br />or the relocation of existing massage establishments. The moratorium, as extended, will only <br />prohibit new massage establishments and the relocation of existing establishments to the <br />extent permitted by State law. The moratorium will be extended for a period of ten (10) <br />months and fifteen (15) days, to become effective immediately. <br />BACKGROUND AND SUMMARY <br />On October 20, 2014, the City Council adopted urgency Ordinance 2014-019 establishing a <br />45 -day moratorium on the establishment or relocation of new and existing massage <br />establishments. The temporary moratorium became effective immediately and will expire by <br />its own terms on December 4, 2014 unless extended. Following notice and a public hearing, <br />the City Council may extend the moratorium ordinance for ten (10) months and fifteen (15) <br />days. The extension request was noticed as required. <br />As noted in the October 20, 2014 staff report on the adoption of the temporary moratorium <br />ordinance, cities have traditionally had local control over local zoning and land use authority <br />related to massage establishments. In 2009, the California Legislature adopted Senate Bill <br />731, which added the Massage Therapy Act to state law. The Massage Therapy Act <br />effectively eliminated local zoning authority over massage establishments and limited San <br />Leandro's ability to regulate massage establishments related to business licensing, zoning, <br />and promotion of public health, safety, and welfare. <br />City of San Leandro Page 1 Printed on 11113/2014 <br />