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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 />C. Statutory Findings and Purpose. This extension ordinance is declared to be an interim <br />ordinance as defined under California Government Code Section 65858. This Ordinance is <br />deemed necessary based on the findings of the City Council as set forth in the recitals <br />incorporated by Section 1 of this Ordinance, and the additional information set forth below: <br />1. The purpose of this Ordinance is to protect the public safety, health and welfare from a <br />current and immediate threat posed by the establishment or relocation of new and existing <br />massage establishments within the City of San Leandro, in light of the recent passage of <br />Assembly Bill 1147 which reinstates significant local control over massage establishments to <br />local jurisdictions, until such reasonable time as a detailed study of the possible adverse <br />impacts such establishments might have on commercial and residential uses and the general <br />public health, safety, and welfare. The facts constituting the urgency are: a) the City currently <br />has 30 establishments that provide massage and only had 11 establishments prior to the <br />passage of Senate Bill 731, which deprived cities of local control over massage <br />establishments; b) Cities throughout California, including San Leandro, have received <br />complaints regarding illicit activity occurring at massage establishments; c) there are no <br />existing regulations within the City of San Leandro that address the location of California <br />Massage Therapy Council ("CAMTC") certified massage establishments, and massage <br />operations, which are near potentially sensitive areas throughout the City; d) such locations <br />can be particularly sensitive to potential harmful effects of massage establishments; e) as <br />applications for business licenses are submitted to the City, there is no determination whether <br />the locations of such uses are consistent with the purpose and intent of the City's zoning <br />ordinance; f) unregulated massage establishments conflict with contemplated zoning and with <br />the public health, safety, and welfare; and g) the State Legislature recently passed Assembly <br />Bill 1147, which will become law on January 1, 2015. <br />2. Absent the adoption of this urgency ordinance, the establishment and operation of <br />massage establishments in the City would result in the harmful secondary effects identified <br />above. <br />3. It is necessary to study the possible adoption of amendments to the City's municipal <br />code in order to adopt legislation pursuant to the return of local land use control over massage <br />establishments authorized by Assembly Bill 1147. <br />4. Issuing business licenses or massage establishment operator permits, prior to the <br />completion of the City's study of the potential impact of such facilities, poses a current and <br />immediate threat to the public health, safety, and welfare. <br />5. In light of the harmful secondary effects associated with massage establishments and <br />the current and immediate threat such secondary effects pose to the public health, safety and <br />welfare, it is necessary, in accordance with Government Code Section 65858, to extend a <br />moratorium on the issuance of entitlements for and the establishment or relocation of <br />massage establishments in the City to provide time for the City Council to further evaluate and <br />consider the possible adoption of legislation, guidelines and/or polices as required to avert the <br />potential impacts of massage establishments. <br />Section 3. Severability. If any provision of this ordinance or the application thereof to <br />any person or circumstance is held invalid, the remainder of the ordinance, including the <br />City of San Leandro Page 5 Printed on 11113/2014 <br />
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