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City of San Leandro <br />Meeting Date: July 5, 2016 <br />Ordinance <br />Agenda Section:File Number:16-318 CONSENT CALENDAR <br />Agenda Number:8.C. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Rich Pio Roda <br />City Attorney <br />FINANCE REVIEW:Not Applicable <br />TITLE:An ORDINANCE of the City of San Leandro Amending San Leandro <br />Municipal Code Chapter 4.23 “Massage and Acupuncture Establishments and <br />Services” to Repeal Provisions Related to the Regulation of Acupuncturists <br />and to Regulate the Operation of Massage Establishments; and to Repeal <br />Related Temporary Moratorium Ordinance <br />WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties <br />with the authority to enact ordinances to protect the health, safety, welfare, and morals of their <br />citizens; and <br />WHEREAS, California courts have affirmed the power of a city to regulate business <br />activity in order to discourage violations of law in such cases as Cohen v. Board of <br />Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 <br />Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697; and <br />WHEREAS, local zoning controls allow local governments to regulate the operation of <br />lawful businesses to avoid circumstances which facilitate violations of state, federal, and local <br />laws; and <br />WHEREAS, the City of San Leandro has an interest in planning and regulating the use of <br />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, <br />well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic <br />consequences to 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 />Page 1 City of San Leandro Printed on 6/28/2016