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Ord 2014-022
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Ord 2014-022
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11/19/2014 4:40:56 PM
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11/19/2014 4:40:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
11/17/2014
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4A Public Hearing 2014 1117
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
8C Consent 2014 1117
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
8G Consent 2014 1103
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1103
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determine what local regulations may be appropriate or necessary for massage establishments, <br /> (4) study and determine the appropriate zoning and location for massage establishments, and (5) <br /> determine appropriate controls for protection of public health and welfare; and <br /> WHEREAS, in accordance with California Government Code Section 65858, <br /> subdivision (c), which provides that such interim ordinances that have the effect of denying <br /> approvals needed for the development of projects with a significant component of multifamily <br /> housing (as defined in California Government Code Section 65858, subdivisions (g) and (h)) <br /> may not be extended except upon written findings adopted by the legislative body as specified in <br /> the subdivision,the City Council hereby finds that the moratorium extended pursuant to this <br /> Ordinance will not have the effect of denying approvals needed for the development of projects <br /> with a significant component of multi-family housing; and that, therefore, the findings specified <br /> in Section 65858, subdivision(c), need not be made; and <br /> WHEREAS, consistent with the return of local land use authority pursuant to Assembly <br /> Bill 1147, staff shall commence steps to conduct a study of the potential impacts of massage <br /> establishments, and possible amendments to the City's Municipal Code and Zoning Code for <br /> clear, consistent and uniform regulations related to the establishment, location and operation of <br /> such businesses; and <br /> WHEREAS, the City will take steps to update its Municipal Code and Zoning Code to <br /> ensure the City's laws are consistent with the goals,policies and standards of the General Plan <br /> and the goals of the City Council to protect the public health, safety, and welfare; and <br /> WHEREAS, the City will consider other existing and potential land uses within the City <br /> to assure a degree of compatibility between the location of massage practice and surrounding <br /> properties, and study revisions to the Zoning Code; and <br /> WHEREAS, the City seeks a moratorium on establishment or relocation of massage <br /> establishments to provide the City time to study and plan its approach to massage regulation <br /> following the Governor's approval of Assembly Bill 1147; and <br /> WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act <br /> (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: <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 the <br /> environment pending the evaluation and adoption of contemplated local legislation, regulation <br /> 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 /> ORDINANCE NO.2014-022 3 <br />
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