DATE: January 27, 2026
TO: Mayor and City Council
FROM: City Attorney
Police Chief
Development Services Director
SUBJECT
Title
Moratorium on New Massage Businesses: Adoption of an Interim Urgency Ordinance Pursuant to Government Code section 65858, Extending the Temporary Moratorium on New Massage Businesses in Hayward for up to 10 Months and 15 Days, and Finding that the Action is Exempt from Environmental Review
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RECOMMENDATION
Recommendation
That the City Council adopts an interim urgency ordinance (Attachment II) extending the temporary moratorium on new massage businesses in Hayward for up to 10 months, 15 days and finds that the action is exempt from environmental review under the California Environmental Quality Act (CEQA).
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SUMMARY
On December 16, 2025, the City Council adopted Ordinance No. 25-16, an interim urgency ordinance imposing a 45-day moratorium on approval of new massage businesses in Hayward. The moratorium will expire on January 30, 2026, unless extended by the City Council. Staff recommends that the City Council extend the temporary moratorium for up to 10 months, 15 days as allowed by state law. Staff has begun the process of developing new massage regulations which are anticipated to be presented to the City Council in Spring 2026.
During this moratorium no conditional use permits, massage permits, or business licenses would be issued for new massage establishments or existing establishments undergoing a change of ownership. Under current zoning regulations, massage businesses are allowed by right in the downtown core but require a conditional use permit in some other commercial areas and are completely prohibited in other parts of the city. Additionally, massage businesses must obtain an operating permit (massage permit) from the Hayward Police Department pursuant to Hayward Municipal Code Chapter 6, Article 10.
State law (Government Code section 65858) authorizes, as a means of protecting public health, safety and welfare, the adoption of an interim ordinance to establish a temporary moratorium on specified uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering, studying, or intends to study within a reasonable time. The urgency ordinance requires a 4/5 vote of the legislative body and can last for up to 2 years (45 day initial term with a first extension up to 10 months, 15 days and a final extension up to 1 year).
ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance