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from being established. Having an urgency measure in place would allow the City the necessary time to study if amendments to the DSP or PMC are warranted to further regulate massage establishments to protect public health, safety, and welfare, as well as consider appropriate types of uses in the downtown. New and Expanding Massage Establishments The urgency ordinance would prohibit issuance of zoning or land use approvals, business licenses, massage establishment permits'', and other permits and entitlements for the establishment and operation of any new massage establishment, as well as the expansion of existing establishments above specified thresholds. For example, it would prohibit issuance of a Conditional Use Permit (CUP) allowing for an existing establishment with three or fewer technicians to expand to have four or more technicians at any one time. Massage establishments that already have CUP approval to have more than three technicians at one time would also be prohibited from adding additional technicians. Furthermore, a massage establishment could not increase its square footage in its building space, nor construct tenant improvements for discretionary upgrades (i.e., upgrades not necessary for health and safety reasons) that require building permits. Existing Massage Establishments Existing massage establishments within the DSP area would be allowed to continue to operate, as long as they maintain no more than three massage technicians at one time (individual massage technicians can change)5, and also would be allowed to secure requisite permits such as annual renewal of business license, signage permits, and building permits to address health and safety issues. Owners of existing massage establishments may also change, as long as the non-conforming provisions of PMC are met (i.e., an existing massage establishment may vacate its current location and another massage establishment may occupy the same location as long as no more than 90 days have lapsed since the initial massage establishment vacated the subject location). Urgency Ordinance Vote and Authority An urgency ordinance requires four-fifths vote of the City Council and remains in effect for 45 days. However, after notice and hearing, the City Council may extend the urgency ordinance for 10 months and 15 days, and subsequently extend the urgency ordinance for an additional one year. An urgency measure can be in place, therefore, for a maximum of two years. Any extension of the urgency ordinance requires a four- fifths vote of the City Council. Ten days before the expiration of the interim ordinance, or any extension of it, the City Council must issue a written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance. If City Council adopts the urgency ordinance, staff anticipates requesting City Council extend the ordinance in the future, and at such time, will make a recommendation on any revisions. Massage establishment permits are defined in the Massage Therapy Act,and in the Pleasanton Municipal Code. 5 For massage establishments with more than three technicians operating under an existing conditional use permit, the individual massage technicians may also change, but the conditionally permitted number of technicians may not increase, as described in New and Expanding Massage Establishment discussion. Page 4 of 5