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Ordinance Page 3 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. During the time this Urgency Ordinance is in effect, no zoning or land use approval shall be granted, no business license, no massage establishment (as defined in the Massage Therapy Act and Pleasanton Municipal Code) permit, or other permit or entitlement shall be issued, for the establishment, operation, or expansion of: (a) a new massage establishment; (b) the expansion of an existing permitted massage establishment to increase the number of massage technicians to four or more technicians at any one time if the existing establishment had three or fewer massage technicians at any one time; (c) the expansion of an existing massage establishment to add any additional massage technicians at any one time if that existing massage establishment was already subject to a minor conditional use permit or conditional use permit because it already has four or more massage technicians at any one time; (d) the expansion of the square footage of any building space within which a massage establishment is operating; and (e) new tenant improvements for discretionary upgrades (i.e., upgrades not necessary for health and safety reasons) requiring building permits for any building space within which a massage establishment is operating; in the Downtown Specific Plan area shown in Exhibit A. Notwithstanding the foregoing, any existing massage establishment in the Downtown Specific Plan area shall be allowed to (subject to compliance with the Pleasanton Municipal Code, including but not limited to Ch. 6.24, and the Massage Therapy Act): (1) renew an annual City of Pleasanton business license; (2) maintain the existing number of massage technicians at an existing massage establishment, while allowing individual massage technicians to change; (3) increase to a maximum of three massage technicians at any one time at an existing permitted massage establishment which had only one or two massage technicians operating at any one time; (4) apply for a revised sign permit; (5) apply for a building permit to address any health and safety issues for any building space within which the existing massage establishment is operating; (6) change ownership of the existing massage establishment, subject to Pleasanton Municipal Code Ch. 18.120 Nonconforming Uses. SECTION 2. This Urgency Ordinance is enacted pursuant to Government Code sections 65858 and 36937, takes effect immediately upon adoption and remains in effect for 45 days unless extended by the City in accordance with Government Code section 65858. SECTION 3. That pursuant to subdivision (d) of Government Code section 65858, ten days before the expiration of this Urgency Ordinance, or any extension of it, the City Council shall issue a written report describing the measures taken to alleviate the condition that led to the adoption of the ordinance. SECTION 4. Finds that this Urgency Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to sections 15606(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) of the CEQA Guidelines (California Code of Regulations, Title 14, Ch. 3).