16 - Laserfiche WebLink

ATTACHMENT 1 URGENCY ORDINANCE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON PROHIBITING THE ISSUANCE OF SPECIFIED APPROVALS AND PERMITS FOR NEW OR EXPANDING MASSAGE ESTABLISHMENTS IN THE DOWNTOWN SPECIFIC PLAN AREA WHEREAS, the City Council of the City of Pleasanton finds and declares that: WHEREAS, on March 2, 2002, the City Council adopted a Downtown Specific Plan; and WHEREAS, on July 19, 2016, the City Council directed staff to initiate an update to the Downtown Specific Plan; and WHEREAS, on July 19, 2016, the City Council approved the formation of a ten-member ad hoc Downtown Specific Plan Task Force ("Task Force"); and WHEREAS, the Task Force has been meeting regularly in order to formulate a recommendation to the Planning Commission and City Council; and WHEREAS, the Downtown Specific Plan update will address a number of key issues in the Downtown area. These include the most desirable mix of land uses, encompassing residential, retail, and office uses throughout the Downtown Specific Plan area, including ground floor uses along Main Street that encourage pedestrian activity and strengthen the economic base and vitality of Downtown Pleasanton; and WHEREAS, the current Downtown Specific Plan, areas designated as Office and Downtown Commercial incorporate the "permitted and conditional" land uses allowed in the corresponding Office District (0) and Central Commercial District (C-C) of the Pleasanton Municipal Code, respectively; and WHEREAS, the Pleasanton Municipal Code, (Pleasanton Municipal Code, § 18.44.080) massage establishments are considered a personal service and establishments with three or fewer technicians at any one time are a permitted use in the following commercial zoning districts: Neighborhood Commercial District (C-N); Central Commercial District (C-C); Regional Commercial District (C-R); and Office District(0). Massage establishments that have four or more technicians at any one time, and that are not in conjunction with a medical use, are allowed in such districts subject to a Minor Conditional Use Permit; and WHEREAS, Senate Bill No. 731 (2007-2008 Reg. Sess.) ("SB 731") established uniform statewide regulations pertaining to massage therapy and massage establishments (Business and Professions Code, § 4600 et seq.) ("Massage Therapy Act"). More specifically, the Massage Therapy Act created a voluntary statewide certification for members of the massage profession and state-created regulatory entity known as the California Massage Therapy Council ("CAMTC"). The Massage Therapy Act preempted most local land use, zoning and operational regulations relating to massage therapists and practitioners certified by the CAMTC and massage establishments that exclusively employed certified massage therapists and practitioners. Subsequently, the State Legislature adopted Assembly Bill No. 619 (2011-2012 Reg. Sess.) and Senate Bill No. 1238 (2011-2012 Reg. Sess.), which amended various provisions of the Massage Therapy Act to further limit local government authority to regulate massage; and