3A Public Hearing 2006 1106 - Laserfiche WebLink

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The City Council hereby finds and determines that the foregoing recitals are true and correct and incorporated herein by this reference. Section 2. Imposition of Moratorium A. From and after the date the City Council adopts this interim urgency ordinance, no use permit, variance, or any other applicable planning approval for use, may be approved or issued for certain properties (Exhibit 1) for an additional period of one year (until November 6, 2007). An exception may be made administratively by the City Manager for approval of a use on a short-term basis. The moratorium would not preclude the issuance of business licenses or building permits for projects that already have planning entitlement or for which planning entitlement is not required. B. This ordinance is an interim ordinance adopted as an urgency measure, and is for the immediate preservation of the public safety, health, and welfare. The facts constituting the urgency are: The City is the recipient of a grant from MTC to study transit-oriented development in the downtown area. The resultant study, the Downtown San Leandro Transit-Oriented Development Strategy, is anticipated to be finalized in July 2007. It is anticipated that land use recommendations made in the Strategy will guide near-term and long-term development patterns in the downtown. The land uses and densities envisioned in the Strategy are a departure from what is currently permitted under the existing Zoning Code. The City is concerned that land use decisions made on any of the identified opportunity sites prior to completion of the Strategy, could adversely affect the City's ability to effectively implement the Strategy and transit-oriented development. C. Pursuant to the provisions ofGovemment Code section 65858 and for the reasons set forth above and in the recitals of this Ordinance, the City Council further finds that a temporary moratorium on the processing and approval of use permits, variances, or other applicable planning entitlements (with previously noted exceptions) on the sites identified herein, pending completion of the Strategy, is necessary to protect the public health, safety, and welfare. Section 3. Compliance with California Environmental Qualitv Act The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060( 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 (Title 14, Chapter 3 ofthe California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion ofthe Downtown San Leandro Transit-Oriented Development Strategy and any Zoning Code amendments that may be forthcoming from the Strategy. Section 4. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To Extension of Urgency Ordinance Moratorium - Opportunity Sites 30f7