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File Number: 15-566 <br />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 CEQA <br />Guidelines, because it has no potential for resulting in physical change in the environment, <br />directly or ultimately. <br />(2) This ordinance is categorically exempt from CEQA under Section 15308 of the CEQA <br />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 <br />the environment pending the evaluation and adoption of contemplated local legislation, <br />regulation and policies. <br />(3) This ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section <br />15061(b)(3) that CEQA applies only to projects which have the potential for causing a <br />significant effect on the environment. For the reasons set forth in subparagraphs (1) and (2), <br />above, it can be seen with certainty that there is no possibility that this ordinance will have a <br />significant effect on the environment. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ordain as follows: <br />Section 1. Recitals Made Findings. The above recitals are hereby declared to be true <br />and correct and findings of the City Council of the City of San Leandro. <br />Section 2. Moratorium Extended. <br />A. Scope. In accordance with the authority granted the City of San Leandro under Article XI, <br />Section 7 of the California Constitution and California Government Code Section 65858, the <br />moratorium imposed by Ordinance No. 2014-019 and extended by Ordinance No. 2014-022, <br />which prohibits the establishment or relocation of new or existing massage establishments in <br />the City of San Leandro, shall hereby be extended for a period of one year from and after the <br />date that Ordinance No. 2014-019 as first extended by Ordinance No. 2014-22 would have <br />otherwise expired, and no person, partnership, corporation, or other entity shall commence <br />doing business as, or operations of, a massage establishment, nor shall a message <br />establishment operator permit or business license be issued to a massage establishment <br />owner unless specifically excluded herein. <br />B. Exceptions. This moratorium as extended shall not prohibit the following: 1) the renewal of <br />a business license for an existing massage establishment provided that the renewal seeks to <br />maintain the massage establishment in its current location, and the massage establishment is <br />operating in a manner, and housed within a building, which complies with all City, State, <br />Federal or otherwise applicable, codes, rules, regulations or laws; 2) persons engaged as <br />follows: (a) physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or <br />acupuncturists who are duly licensed to practice within the scope of their licenses; (b) <br />employed at hospitals, nursing homes, sanitariums, or any other health facility licensed by the <br />state; (c) coaches or trainers acting within the scope of their employment at accredited high <br />schools, junior colleges, colleges or universities, and (d) trainers of amateur, <br />Page 4 City of San Leandro Printed on 9/29/2015