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File Number: 16-318 <br />laws prohibiting prostitution and in promoting compliance with federal, state and local laws <br />intended to discourage prostitution and other illicit activity; and <br />WHEREAS, the City Council adopted a temporary 45-day moratorium on the <br />establishment and relocation of new and existing massage establishments through Ordinance <br />2014-019, which moratorium was extended through Ordinance 2014-022. The moratorium <br />will expire on October 20, 2016 unless repealed before then; and; <br />WHEREAS, the City currently regulates acupuncturists and acupuncture establishments; <br />and <br />WHEREAS, the City does not desire to regulate acupuncturists and acupuncture <br />establishments which are regulated by state law; and <br />WHEREAS, the amendments to the Municipal Code propose to repeal and replace <br />Chapter 4.23 in its entirety as shown in Exhibit A, which exhibits are attached and <br />incorporated herein by reference. <br />Now, therefore, the City Council of the City of San Leandro does ordain as follows: <br />SECTION I. Recitals. The above recitals are true and correct and made a part of this <br />ordinance. <br />SECTION II. CEQA. Approval of the amendments is exempt from further environmental <br />review under the general rule in California Environmental Quality Act (CEQA) Guidelines <br />Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a <br />significant effect on the environment. As a series of text amendments and additions, it can be <br />seen with certainty that there is no possibility that the ordinance will have a significant effect <br />on the environment. <br />SECTION III. Approval. The City Council hereby approves the amendments to the Municipal <br />Code, more particularly, repealing and replacing Chapter 4.23, as shown in attached Exhibit <br />A, which is incorporated herein by reference and available for review in the City Clerk’s office <br />during normal business hours. <br />SECTION IV. Moratoria repealed. The temporary moratorium on the establishment and <br />relocation of new and existing massage establishments, as established through Ordinance <br />2014-019, and extended through Ordinance 798-14, is repealed as of the effective date of this <br />Ordinance. <br />SECTION V. Severability. If any provision of this ordinance or the application thereof to any <br />person or circumstance is held invalid, the remainder of the ordinance, including the <br />application of such part or provision to other persons or circumstances shall not be affected <br />thereby and shall continue in full force and effect. To this end, provisions of this ordinance <br />are severable. The City Council hereby declares that it would have passed each section, <br />subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact <br />that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or <br />phrases be held unconstitutional, invalid, or unenforceable. <br />Page 3 City of San Leandro Printed on 6/14/2016