DATE: December 16, 2025
TO: Mayor and City Council
FROM: City Attorney
Police Chief
Development Services Director
SUBJECT
Title
Temporary Moratorium: Adopt an Interim Urgency Ordinance Pursuant to Government Code Section 65858, Imposing a Temporary Moratorium on New Massage Businesses in Hayward, 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) imposing a temporary moratorium on new massage businesses in Hayward and finds that the action is exempt from environmental review under the California Environmental Quality Act (CEQA).
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SUMMARY
Hayward Police Department (HPD) has become aware of instances of commercial sex work taking place at permitted and unpermitted massage businesses within the City. As a result, staff recommends that the City Council impose a temporary moratorium on new massage businesses in Hayward to allow time for city staff to develop a more effective approach to addressing this issue via land use approval and operational regulation of these businesses. 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 HPD 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 contemp...
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