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File Number: 14-484 <br />The renewal of a business license for an existing massage establishment that seeks to <br />maintain the massage establishment in its current location, in a manner, and housed <br />within a building, which complies with all City, State, Federal or otherwise applicable, <br />codes, rules, regulations or laws; and <br />2. Persons engaged as: (a) physicians, surgeons, chiropractors, osteopaths, nurses, <br />physical therapists, or acupuncturists who are duly licensed to practice within the scope <br />of their licenses; (b) employed at hospitals, nursing homes, sanitariums, or any other <br />health facility licensed by the state; (c) coaches or trainers acting within the scope of <br />their employment at accredited high schools, junior colleges, colleges or universities, <br />and (d) trainers of amateur, semi-professional or professional athletes or athletic teams <br />while engaged in their training responsibilities for and with athletes, and working in <br />conjunction with a specific athletic event. <br />3. The issuance of a business license to or relocation of, a California Massage Therapy <br />Council certified massage establishment until AB 1147 takes effect on January 1, <br />2015. <br />Government Code Section 65858(d) states: "Ten days prior to the expiration of an interim <br />ordinance or any extension, [the City Council] shall issue a written report describing the <br />measures taken to alleviate the conditions which led to the adoption of the ordinance." <br />Pursuant to this provision the City Council hereby reports that, due to the pending changes in <br />state law that amend the Business and Professions Code to return land use authority over <br />massage establishments to cities relative to the location and operation of massage <br />establishments, the extension of the interim ordinance for an additional ten months and fifteen <br />days pursuant to Government Code Section 65858 is necessary to ensure that contemplated <br />amendments to the City's Municipal Code are legally adequate and can be found to be <br />necessary to protect the health, safety and welfare of the community. In anticipation of the <br />grant of land use and operational regulatory authority to cities, staff has commenced the <br />preparation of amendments to the Municipal Code and Zoning Code consistent with the <br />forthcoming changes in state law. As noted above, changes in state law do not take effect <br />until January 1, 2015, and the City will not regain land use and operational regulatory authority <br />until that time. <br />If a massage establishment was approved in the City, prior to the City having an opportunity to <br />study and adopt massage establishment regulations, it could create conflicts among land <br />uses, or conflict with the City's long-term planning goals. Also, multiple jurisdictions have <br />seen a proliferation of massage establishments and criminal activity at these locations. <br />Accordingly, establishment or relocation of massage establishments in the City at this time, <br />before the City can adopt regulations or determine how best to address potential secondary <br />effects of these types of uses presents a current and immediate threat to the public health, <br />safety, and welfare. Therefore, staff and the City Attorney recommend adoption of the <br />urgency ordinance in order to avoid this current and immediate threat to the public health, <br />safety, and welfare, which could occur if parties seeking to evade the adoption of regulations <br />were permitted to obtain approval for uses that might defeat the ultimate objective of the <br />adoption of regulations. <br />In order to ensure that the City's zoning provisions are adequate and that massage <br />establishments will be located and regulated in a manner that protects the public and satisfies <br />City of San Leandro Page 3 Printed on 11113/2014 <br />