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File Number: 15-566 <br />semi-professional or professional athletes or athletic teams while engaged in their training <br />responsibilities for and with athletes, and trains working in conjunction with a specific athletic <br />event; and 3) the issuance of a business license to, or relocation of, a CAMTC certified <br />massage establishment until AB 1147 takes effect on January 1, 2015. <br />C. Statutory Findings and Purpose. This ordinance, which extends the effective period of the <br />moratorium imposed by Ordinance No. 2014-019 as extended by Ordinance No. 2014-022, is <br />declared to be an interim ordinance as defined under California Government Code Section <br />65858. This Ordinance is deemed necessary based on the findings of the City Council as set <br />forth in the recitals incorporated by Section 1 of this Ordinance, and the additional information <br />set forth below: <br />1. The purpose of this Ordinance is to protect the public safety, health and welfare from a <br />current and immediate threat posed by the establishment or relocation of new and existing <br />massage establishments within the City of San Leandro, in light of the passage of Assembly <br />Bill 1147 which reinstates significant local control over massage establishments to local <br />jurisdictions, until such reasonable time as a detailed study of the possible adverse impacts <br />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 <br />approximately 30 establishments that provide massage and only had 11 establishments prior <br />to the passage of Senate Bill 731, which deprived cities of local control over massage <br />establishments; b) Cities throughout California, including San Leandro, have received <br />complaints regarding illicit activity occurring at massage establishments; c) there are no <br />existing regulations within the City of San Leandro that address the location of California <br />Massage Therapy Council (“CAMTC”) certified massage establishments, and massage <br />operations, which are near potentially sensitive areas throughout the City; d) such locations <br />can be particularly sensitive to potential harmful effects of massage establishments; e) as <br />applications for business licenses are submitted to the City, there is no determination whether <br />the locations of such uses are consistent with the purpose and intent of the City's zoning <br />ordinance; f) unregulated massage establishments conflict with contemplated zoning and with <br />the public health, safety, and welfare; and g) the State Legislature passed Assembly Bill 1147, <br />which became 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 <br />Page 5 City of San Leandro Printed on 9/29/2015