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WHEREAS, San Leandro, consistent with the Massage Therapy Act,has no existing zoning regulations that address the location of California Massage Therapy Council ("CAMTC") certified massage establishments near potentially sensitive areas throughout the City; and WHEREAS, the California Legislature recently passed and the Governor signed Assembly Bill 1147 to become effective January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, and amending Section 51034 of the Government Code; and WHEREAS, Assembly Bill 1147 will return land use authority over massage establishments to cities; and WHEREAS, as applications for business licenses and massage permits are submitted to the City, there is no determination whether the locations of such uses are consistent with the purpose and intent of the City's zoning ordinance and unregulated massage establishments conflict with contemplated zoning and with the public health, safety, and welfare; and WHEREAS, as reflected in the findings for Ordinance No. 2014-019 and the findings herein, there is a current and immediate threat to the public health, safety and welfare of the community if massage establishments locate in the City without proper regulations in place. Absent the adoption of this urgency ordinance to extend Ordinance No. 2014-019, it is likely that the establishment and operation of massage establishments in locations within the City, without appropriate controls in place to regulate the impacts on the community, will result in harmful effects to the businesses, property owners and residents of the City; and WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may make and enforce within its limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, California Government Code Section 65858, subdivision(a)provides that city legislative bodies may,to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time; that adoption of such urgency measures requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the date of adoption, and may be extended a maximum of two times and have a maximum total duration of 2 years; and WHEREAS, California Government Code Section 65858, subdivision(c)provides that legislative bodies may not adopt or extend such interim ordinances unless they contain findings that there is a current and immediate threat to the public health, safety, and welfare, and that the approval of additional entitlements would result in that threat to the public health, safety and welfare; and WHEREAS, the City Council desires to (1) address the community concerns regarding the establishment and operation of massage establishments, (2) study the potential impacts massage establishments may have on the public health, safety and welfare, (3) study and ORDINANCE NO. 2014-022 2