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File Number: 14-484 <br />Prior to the effective date of the Massage Therapy Act, San Leandro had 11 establishments. <br />After the passage of the Massage Therapy Act in 2009 the number of establishments in the <br />City that provide massage is 30. The noticeable increase in establishments is similar to other <br />cities in Alameda County. Cities throughout California have received numerous complaints <br />regarding illicit activity, including prostitution, at massage establishments. In San Leandro one <br />massage establishment, with a history of multiple offenses for prostitution since 2011, was <br />recently shut down as part of a county -wide sting operation. <br />The Governor recently signed Assembly Bill 1147, which is effective January 1, 2015. <br />Assembly Bill 1147 will amend the California Business and Professions Code to return land <br />use authority over all massage establishments to cities. <br />Currently, as applications for business licenses for massage establishments are submitted to <br />the City, there is no determination whether the locations of such uses are consistent with the <br />purpose and intent of the City's zoning ordinance. Absent the adoption of this interim urgency <br />ordinance, it is likely that the establishment and operation of massage establishments in <br />locations within the City, without appropriate controls in place to regulate the impacts on the <br />community, will result in harmful effects to the businesses, property owners and residents of <br />the City. <br />This moratorium will allow the City Council to (1) address community concerns regarding the <br />establishment and operation of all massage establishments, (2) study the potential impacts <br />massage establishments may have on residents' public health, safety and welfare, (3) study <br />and 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 />With the return of local land use authority pursuant to Assembly Bill 1147, staff will continue <br />its study of the potential impacts of massage establishments, and possible amendments to <br />the City's Municipal and Zoning Codes for clear, consistent and uniform regulations related to <br />the establishment, location and operation of massage establishments. <br />Staff recommends that the City Council extend the previously adopted moratorium on the <br />establishment or relocation of massage establishments to provide time to study and plan an <br />approach to massage regulation following the Governor's approval of Assembly Bill 1147. <br />Pursuant to Government Code section 65858, the City may establish a moratorium prohibiting <br />any uses that may be in conflict with a contemplated zoning proposal that the legislative body <br />or the planning department is considering or studying or intends to study within a reasonable <br />time. The City may adopt or extend a moratorium on an urgency basis provided that the City <br />finds that there exists a threat to the public health, safety and welfare. <br />Staff and the City Attorney have prepared the attached urgency ordinance for the City <br />Council's consideration. As described in more detail below, this urgency ordinance would <br />extend a temporary moratorium on the issuance of business licenses for massage <br />establishments and the relocation of existing massage establishments. The moratorium would <br />not prohibit: <br />City of San Leandro Page 2 Printed on 11113/2014 <br />