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such establishments might have on commercial and residential uses and the general public <br /> health, safety, and welfare. The facts constituting the urgency are: a)the City currently has 30 <br /> establishments that provide massage and only had 11 establishments prior to the passage of <br /> Senate Bill 731,which deprived cities of local control over massage establishments; b) Cities <br /> throughout California, including San Leandro,have received complaints regarding illicit activity <br /> occurring at massage establishments; c)there are no existing regulations within the City of San <br /> Leandro that address the location of California Massage Therapy Council ("CAMTC") certified <br /> massage establishments, and massage operations, which are near potentially sensitive areas <br /> throughout the City; d) such locations can be particularly sensitive to potential harmful effects of <br /> massage establishments; e) as applications for business licenses are submitted to the City,there <br /> is no determination whether the locations of such uses are consistent with the purpose and intent <br /> of the City's zoning ordinance; f) unregulated massage establishments conflict with contemplated <br /> zoning and with the public health, safety, and welfare; and g)the State Legislature recently <br /> passed Assembly 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 massage <br /> establishments in the City to provide time for the City Council to further evaluate and consider <br /> the possible adoption of legislation, guidelines and/or polices as required to avert the potential <br /> 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 /> application of such part or provision to other persons or circumstances shall not be affected <br /> thereby and shall continue in full force and effect. To this end, provisions of this ordinance are <br /> severable. The City Council of the City of San Leandro hereby declares that it would have <br /> passed each section, subsection, subdivision,paragraph, sentence, clause, or phrase hereof <br /> irrespective of the fact that any one or more sections, subsections, subdivisions,paragraphs, <br /> sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. <br /> Section 4. Effective Date and Duration. This Ordinance shall become effective <br /> immediately upon passage and adoption if passed and adopted by at least four-fifths vote of the <br /> City Council and shall extend the moratorium from and after the date that Ordinance No. 2014- <br /> ORDINANCE NO. 2014-022 5 <br />