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4A Public Hearing 2014 1117
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4A Public Hearing 2014 1117
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11/20/2014 11:13:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/17/2014
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_CC Agenda 2014 1117 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
Ord 2014-022
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\City Clerk\City Council\Ordinances\2014
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File Number: 14-485 <br />WHEREAS, the Massage Therapy Act placed substantial limits on cities' regulation of <br />massage establishments as it relates to business licensing, zoning, and health, safety, and <br />welfare regulation; and <br />WHEREAS, in 2009, San Leandro had 11 establishments that provide massage and now <br />has 30 establishments that provide massage; and <br />WHEREAS, cities throughout California have received numerous complaints regarding <br />illicit activity, including prostitution, at massage establishments. In San Leandro one massage <br />establishment, with a history of multiple offenses for prostitution since 2011, was recently shut <br />down as part of a county -wide sting operation; and <br />WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing <br />zoning regulations that address the location of California Massage Therapy Council <br />("CAMTC") certified massage establishments near potentially sensitive areas throughout the <br />City; and <br />WHEREAS, the California Legislature recently passed and the Governor signed Assembly <br />Bill 1147 to become effective January 1, 2015, amending Section 460 of, and adding and <br />repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and <br />Professions Code, and amending Section 51034 of the Government Code; and <br />WHEREAS, Assembly Bill 1147 will return land use authority over massage <br />establishments to cities; and <br />WHEREAS, as applications for business licenses and massage permits 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 and unregulated massage establishments <br />conflict with contemplated zoning and with the public health, safety, and welfare; and <br />WHEREAS, as reflected in the findings for Ordinance No. 2014-019 and the findings <br />herein, there is a current and immediate threat to the public health, safety and welfare of the <br />community if massage establishments locate in the City without proper regulations in place. <br />Absent the adoption of this urgency ordinance to extend Ordinance No. 2014-019, it is likely <br />that the establishment and operation of massage establishments in locations within the City, <br />without appropriate controls in place to regulate the impacts on the community, will result in <br />harmful effects to the businesses, property owners and residents of the City; and <br />WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may <br />make and enforce within its limits all local police, sanitary and other ordinances and <br />regulations not in conflict with general laws; and <br />WHEREAS, California Government Code Section 65858, subdivision (a) provides that city <br />legislative bodies may, to protect public safety, health and welfare, adopt as an urgency <br />measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated <br />general plan, specific plan, or zoning proposal that the legislative body is considering or <br />studying or intends to study within a reasonable time; that adoption of such urgency measures <br />requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 <br />City of San Leandro Page 2 Printed on 11113/2014 <br />
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