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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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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
10/5/2015
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4A Public Hearing 2015 1005
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working in conjunction with a specific athletic event; and 3)the issuance of a business license to, <br /> or relocation of, a CAMTC certified massage establishment until AB 1147 takes effect on <br /> 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 <br /> a 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 Bill <br /> 1147 which reinstates significant local control over massage establishments to local jurisdictions, <br /> until such reasonable time as a detailed study of the possible adverse impacts such <br /> establishments might have on commercial and residential uses and the general public health, <br /> 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 to <br /> 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 existing <br /> regulations within the City of San Leandro that address the location of California Massage <br /> Therapy Council ("CAMTC") certified massage establishments, and massage operations, which <br /> are near potentially sensitive areas throughout the City; d) such locations can be particularly <br /> sensitive to potential harmful effects of massage establishments; e) as applications for business <br /> licenses are submitted to the City, there is no determination whether the locations of such uses <br /> are consistent with the purpose and intent of the City's zoning ordinance; 0 unregulated massage <br /> establishments conflict with contemplated zoning and with the public health, safety, and welfare; <br /> and g)the State Legislature passed Assembly Bill 1147, 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 /> ORDINANCE NO.2015-012 5 <br />
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