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File Number: 14-485 <br />(1) This ordinance is not a project within the meaning of Section 15378 of the State <br />CEQA Guidelines, because it has no potential for resulting in physical change in the <br />environment, directly or ultimately. <br />(2) This ordinance is categorically exempt from CEQA under Section 15308 of the <br />CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in <br />accordance with Government Code Section 65858 to assure maintenance and protection of <br />the environment pending the evaluation and adoption of contemplated local legislation, <br />regulation and policies. <br />(3) This ordinance is not subject to CEQA under the general rule in CEQA Guidelines <br />Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a <br />significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2), <br />above, it can be seen with certainty that there is no possibility that this ordinance will have a <br />significant effect on the environment. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />Section 1. Recitals Made Findings. The above recitals are hereby declared to be true <br />and correct and findings of the City Council of the City of San Leandro. <br />Section 2. Moratorium Extended. <br />A. Scope. In accordance with the authority granted the City of San Leandro under Article <br />XI, Section 7 of the California Constitution and California Government Code Section 65858, <br />the moratorium imposed by Ordinance No. 2014-019, which prohibits the establishment or <br />relocation of new or existing massage establishments in the City of San Leandro, shall hereby <br />be extended for a period of ten (10) months and fifteen (15) days from and after the date that <br />Ordinance No. 2014-019 would have otherwise expired, and no person, partnership, <br />corporation, or other entity shall commence doing business as, or operations of, a massage <br />establishment, nor shall a message establishment operator permit or business license be <br />issued to a massage establishment owner unless specifically excluded herein. <br />B. Exceptions. This moratorium as extended shall not prohibit the following: 1) the <br />renewal of a business license for an existing massage establishment provided that the <br />renewal seeks to maintain the massage establishment in its current location, and the <br />massage establishment is operating in a manner, and housed within a building, which <br />complies with all City, State, Federal or otherwise applicable, codes, rules, regulations or <br />laws; 2) persons engaged as follows: (a) physicians, surgeons, chiropractors, osteopaths, <br />nurses, physical therapists, or acupuncturists who are duly licensed to practice within the <br />scope 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 their <br />employment at accredited high schools, junior colleges, colleges or universities, and (d) <br />trainers of amateur, semi-professional or professional athletes or athletic teams while <br />engaged in their training responsibilities for and with athletes, and trainers working in <br />conjunction with a specific athletic event; and 3) the issuance of a business license to, or <br />relocation of, a CAMTC certified massage establishment until AB 1147 takes effect on <br />January 1, 2015. <br />City of San Leandro Page 4 Printed on 11113/2014 <br />