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4A Public Hearing 2015 1005
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4A Public Hearing 2015 1005
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10/7/2015 5:32:45 PM
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CM City Clerk-City Council - Document Type
Staff Report
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10/5/2015
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_CC Agenda 2015 1005 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 1005
Ord 2015-012
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\City Clerk\City Council\Ordinances\2015
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File Number: 15-565 <br />Cities traditionally had local control over local zoning and land use authority related to <br />massage establishments. In 2009, the California Legislature adopted Senate Bill 731, which <br />added the Massage Therapy Act to state law. The Massage Therapy Act effectively <br />eliminated local zoning authority over massage establishments and limited San Leandro’s <br />ability to regulate massage establishments as it relates to business licensing, zoning, and <br />promotion of public health, safety, and welfare. <br />Prior to the effective date of the Massage Therapy Act, San Leandro had 11 establishments. <br />After the passage of the Massage Therapy Act in 2009 the number of establishments in the <br />City that provide massage is approximately 30. The noticeable increase in establishments is <br />similar to other cities in Alameda County. Cities throughout California have received <br />numerous complaints regarding alleged illicit activity, including prostitution, at massage <br />establishments. In San Leandro one massage establishment, with a history of multiple <br />offenses for prostitution since 2011, was recently shut down as part of a county-wide sting <br />operation. Additionally, since the City Council adopted Ordinance 2014-019, and after the <br />City Council adopted Ordinance 2014-022, one massage establishment had its business <br />license revoked after the Police Department discovered prostitution activities on the premises. <br />Assembly Bill 1147, which took effect on January 1, 2015, amended the California Business <br />and Professions Code to return land use authority over all massage establishments to cities. <br />Currently, as applications for business licenses for massage establishments are submitted to <br />the City, there is no determination whether the locations of such uses are consistent with the <br />purpose and intent of the City's zoning ordinance. Absent the adoption of this interim urgency <br />ordinance, it is likely that the establishment and operation of massage establishments in <br />locations within the City, without appropriate controls in place to regulate the impacts on the <br />community, will result in harmful effects to the businesses, property owners and residents of <br />the City. <br />This moratorium will allow the City Council to (1) address community concerns regarding the <br />establishment and operation of all massage establishments, (2) study the potential impacts <br />massage establishments may have on the residents’ public health, safety and welfare, (3) <br />study and determine what local regulations may be appropriate or necessary for massage <br />establishments, (4) study and determine the appropriate zoning and location for massage <br />establishments, and (5) determine appropriate controls for protection of public health and <br />welfare. <br />With the return of local land use authority pursuant to Assembly Bill 1147, staff has continued <br />its study of the potential impacts of massage establishments, and possible amendments to <br />the City’s Municipal and Zoning Codes for clear, consistent and uniform regulations related to <br />the establishment, location and operation of massage establishments. Currently, staff has <br />nearly completed a draft ordinance designed to appropriately regulate massage <br />establishments by creating uniform standards for safe and sanitary operations and to ensure <br />that massage establishments are operated in a transparent and professional manner. Staff is <br />currently engaged in public outreach with interested stakeholders, including current massage <br />establishment business owners, related to the proposed ordinance. Additionally, staff is <br />Page 2 City of San Leandro Printed on 9/29/2015
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