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Ord 2014-022
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Ord 2014-022
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11/19/2014 4:40:56 PM
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11/19/2014 4:40:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
11/17/2014
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4A Public Hearing 2014 1117
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
8C Consent 2014 1117
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1117
8G Consent 2014 1103
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 1103
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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br /> ORDINANCE NO. 2014-022 <br /> URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE <br /> ESTABLISHMENT OR RELOCATION OF NEW AND EXISTING MASSAGE <br /> ESTABLISHMENTS FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS, TO <br /> BECOME EFFECTIVE IMMEDIATELY <br /> WHEREAS, on October 20, 2014,the City Council adopted Ordinance No. 2014-019 <br /> imposing a temporary moratorium on the establishment or relocation of new and existing <br /> massage establishments for a period of 45 days, which moratorium will expire on December 4, <br /> 2014 unless extended; and <br /> WHEREAS, Government Code section 65858 authorizes an extension of a moratorium <br /> ordinance, after a noticed public hearing, to prohibit uses of land which may conflict with a <br /> contemplated general plan, specific plan or zoning proposal which the legislative body, planning <br /> commission or the planning department is considering or studying or intends to study within a <br /> reasonable period of time; and <br /> WHEREAS, the City of San Leandro has an interest in planning and regulating the use <br /> of property within the City. Implicit in any plan or regulation is the City's interest in maintaining <br /> the quality of urban life and the character of the City's neighborhoods. Without stable, well- <br /> planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to <br /> social, environmental, and economic values; and <br /> WHEREAS, cities have traditionally had a high degree of local control related to local <br /> zoning and land use authority over massage establishments; and <br /> WHEREAS, the California Legislature adopted Senate Bill 731, effective July 1, 2009, <br /> adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the <br /> Business and Professions Code, relating to massage therapy("Massage Therapy Act"); and <br /> WHEREAS, the Massage Therapy Act placed substantial limits on cities' regulation of <br /> massage establishments as it relates to business licensing, zoning, and health, safety, and welfare <br /> regulation; and <br /> WHEREAS, in 2009, San Leandro had 11 establishments that provide massage and now <br /> has 30 establishments that provide massage; and <br /> WHEREAS, cities throughout California have received numerous complaints regarding <br /> illicit activity, including prostitution, at massage establishments. In San Leandro one massage <br /> establishment, with a history of multiple offenses for prostitution since 2011, was recently shut <br /> down as part of a county-wide sting operation; and <br />
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