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File Number: 15-566 <br />general plan, specific plan, or zoning proposal that the legislative body is considering or <br />studying or intends to study within a reasonable time; that adoption of such urgency measures <br />requires a four-fifths vote of the legislative body; that such measures shall be of no effect 45 <br />days from the date of adoption, and may be extended a maximum of two times and have a <br />maximum total duration of 2 years; and <br />WHEREAS, California Government Code Section 65858, subdivision (c) provides that <br />legislative bodies may not adopt or extend such interim ordinances unless they contain <br />findings that there is a current and immediate threat to the public health, safety, and welfare, <br />and that the approval of additional entitlements would result in that threat to the public health, <br />safety and welfare; and <br />WHEREAS, the City Council desires to (1) address the community concerns regarding the <br />establishment and operation of massage establishments, (2) study the potential impacts the <br />massage establishments may have on the public health, safety and welfare, (3) study and <br />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; and <br />WHEREAS, in accordance with California Government Code Section 65858, subdivision <br />(c), which provides that such interim ordinances that have the effect of denying approvals <br />needed for the development of projects with a significant component of multifamily housing <br />(as defined in California Government Code Section 65858, subdivisions (g) and (h)) may not <br />be extended except upon written findings adopted by the legislative body as specified in the <br />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 <br />projects with a significant component of multi-family housing; and that, therefore, the findings <br />specified in Section 65858, subdivision (c), need not be made; and <br />WHEREAS, consistent with the return of local land use authority pursuant to Assembly Bill <br />1147, staff has commenced 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 <br />of such businesses. Staff needs time beyond the initial 45-day moratorium and first extension <br />to study appropriate regulations necessary to eliminate or minimize the negative secondary <br />side effects that may result from establishments; 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 <br />Plan 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 to <br />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 to extend the moratorium on establishment or relocation of <br />massage establishments to provide the City additional time to complete its study and <br />complete its approach to massage regulation following the Governor’s approval of Assembly <br />Page 3 City of San Leandro Printed on 9/29/2015