Laserfiche WebLink
establishment,with a history of multiple offenses for prostitution since 2011, was recently shut <br /> down as part of a county-wide sting operation. Additionally, since the City Council adopted <br /> Ordinance No. 2014-019, and after the City Council adopted Ordinance No. 2014-022, one <br /> massage establishment had its business license revoked after the Police Department discovered <br /> prostitution activities on the premises; and <br /> WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing <br /> zoning regulations that address the location of California Massage Therapy Council ("CAMTC") <br /> certified massage establishments near potentially sensitive areas throughout the City; and <br /> WHEREAS, the California Legislature passed Assembly Bill 1147 which became <br /> effective January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 <br /> (commencing with Section 4600) of Division 2 of, the Business and Professions Code, and <br /> amending Section 51034 of the Government Code; and <br /> WHEREAS, Assembly Bill 1147 returned land use authority over massage <br /> establishments to cities; and <br /> WHEREAS, as applications for business licenses and massage permits 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 and unregulated massage establishments <br /> conflict with contemplated zoning and with the public health, safety, and welfare; and <br /> WHEREAS, as reflected in the findings for Ordinance No. 2014-019, Ordinance No. <br /> 2014-022 and the findings herein,there is a current and immediate threat to the public health, <br /> safety and welfare of the community if massage establishments locate in the City without proper <br /> regulations in place. Absent the adoption of this urgency ordinance to extend Ordinance No. <br /> 2014-022 , 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 the <br /> City; and <br /> WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may <br /> make and enforce within its limits all local police, sanitary and other ordinances and regulations <br /> not in conflict with general laws; and <br /> WHEREAS, California Government Code Section 65858, subdivision(a)provides: that <br /> city legislative bodies may, to protect public safety, health and welfare, adopt as an urgency <br /> measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated <br /> general plan, specific plan, or zoning proposal that the legislative body is considering or studying <br /> or intends to study within a reasonable time; that adoption of such urgency measures requires a <br /> four-fifths vote of the legislative body; that such measures shall be of no effect 45 days from the <br /> date of adoption, and may be extended a maximum of two times and have a maximum total <br /> duration of 2 years; and <br /> ORDINANCE NO.2015-012 2 <br />