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File Number: 15-565 <br />Code are legally adequate and can be found to be necessary to protect the health, safety and <br />welfare of the community. Following the grant of land use and operation authority to cities, <br />staff has commenced and nearly completed the proposed amendments to the Municipal Code <br />and Zoning Code consistent with the changes in state law. <br />If a massage establishment was approved in the City, prior to the City having an opportunity to <br />study and adopt massage establishment regulations, it could create conflicts among land <br />uses, or conflict with the City’s long-term planning goals. Also, multiple jurisdictions have <br />seen a proliferation of massage establishments and criminal activity at these locations. <br />Accordingly, the establishment or relocation of massage establishments in the City at this <br />time, before the City can adopt regulations or determine how best to address potential <br />secondary effects of these types of uses presents a current and immediate threat to the public <br />health, safety, and welfare. Therefore, staff and the City Attorney recommend adoption of the <br />urgency ordinance in order to avoid this current and immediate threat to the public health, <br />safety, and welfare, which could occur if parties seeking to evade the adoption of regulations <br />were permitted to obtain approval for uses that might defeat the ultimate objective of the <br />adoption of regulations. <br />In order to ensure that the City’s zoning provisions are adequate and that massage <br />establishments will be located and regulated in a manner that protects the public and satisfies <br />the policies, goals and objectives of the General Plan, staff and the City Attorney recommend <br />that the City Council direct staff to study and provide recommendations to the City Council on <br />what Municipal Code amendments and regulations are necessary in order to protect against <br />any potential primary and secondary impacts of massage establishments on the community. <br />This Ordinance would approve a one (1) year extension of the temporary moratorium on the <br />establishment or relocation of new and existing massage establishments in the City upon a <br />4/5 vote of the Council. However, it is anticipated that staff will prepare necessary changes to <br />the Municipal Code and Zoning Code before the end of the one (1) year extension of this <br />ordinance. At that time, in conjunction with the adoption of necessary changes to the <br />Municipal Code and Zoning Code, staff will recommend that the City Council terminate this <br />moratorium early. This moratorium is needed in order to conduct a study on how best to <br />address the potential threats to public safety, health and welfare resulting from massage <br />establishments in light of pending changes in state law that will reestablish local control over <br />massage establishments. The act of extending the moratorium is not a review or <br />determination on the merits of allowing such use or not; instead, it will allow the City time to <br />study the issue. <br />PREPARED BY: Richard D. Pio Roda, City Attorney, City Attorney’s Office <br />2523455.1 <br />Page 4 City of San Leandro Printed on 9/29/2015