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Ord 2015-012
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Ord 2015-012
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10/7/2015 4:37:11 PM
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10/7/2015 4:37:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
10/5/2015
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PERM
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4A Public Hearing 2015 1005
(Reference)
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 1005
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WHEREAS, California Government Code Section 65858, subdivision(c)provides that <br /> legislative bodies may not adopt or extend such interim ordinances unless they contain findings <br /> that there is a current and immediate threat to the public health, safety, and welfare, and that the <br /> approval of additional entitlements would result in that threat to the public health, safety and <br /> welfare; and <br /> WHEREAS,the City Council desires to (1) address the community concerns regarding <br /> the 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 establishments, <br /> (4) study and determine the appropriate zoning and location for massage establishments, and(5) <br /> determine appropriate controls for protection of public health and 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 needed <br /> for the development of projects with a significant component of multifamily housing(as defined <br /> in California Government Code Section 65858, subdivisions (g) and (h))may not be extended <br /> except upon written findings adopted by the legislative body as specified in the subdivision,the <br /> City Council hereby finds that the moratorium extended pursuant to this Ordinance will not have <br /> the effect of denying approvals needed for the development of projects with a significant <br /> component of multi-family housing; and that, therefore, the findings specified in Section 65858, <br /> subdivision (c), need not be made; and <br /> WHEREAS, consistent with the return of local land use authority pursuant to Assembly <br /> Bill 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 of <br /> such businesses. Staff needs time beyond the initial 45-day moratorium and first extension to <br /> study appropriate regulations necessary to eliminate or minimize the negative secondary side <br /> 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 Plan <br /> 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 <br /> to 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 complete its <br /> approach to massage regulation following the Governor's approval of Assembly 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 /> ORDINANCE NO.2015-012 3 <br />
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