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Section 1. Findings. The City Council of the City of San Leandro does hereby find as follows: A. The City Council hereby finds that for the following reasons there is a current and immediate threat to the public peace, health, safety and welfare of its citizens: (1) The potential for a large retailer to occupy certain sites m downtown San Leandro threatens to impede and/or prevent the accomplishment of fundamental goals and policies related to establishing and maintaining a vital core of economic and community activity in downtown San Leandro, which goals and policies are integral to achieving the purposes of the General Plan and applicable redevelopment plans. (2) The recently adopted E. 14th Street South Area Development Strategy, which is applicable to nearby E. 14th Street properties, requires that retailers in excess of 10,000 square feet in size in the SA-2 Zoning District require a use permit. Without similar type controls, such a use in the downtown area could conflict with the goal of the City to attract retail tenants and services that are of `higher-end' use. (3) There is a limited supply of convenient parking in the downtown shopping district, and the impact of a large Retail Sales use could impede the City's efforts to ensure necessary and adequate parking to support the City's goals relating to revitalization of downtown San Leandro. B. For the reasons set forth above and in the recitals of this Ordinance, the City Council further finds that the approval of use permits, variances, building permits, new construction, or other applicable entitlements for new Retail Sales in excess of 10,000 square feet in downtown San Leandro would result in the threat set forth above to the public peace, health, safety and welfare of its citizens. C. 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, building permits, new construction, or other applicable entitlements for the uses identified herein is necessary to protect the public health, safety, and welfare. D. The Council further finds that the reasons set forth above are not implicated by temporary Retail Sales uses in excess of 10,000 square feet in the CD zoning district because of their temporary nature, and therefore, it is appropriate to exempt such uses from this moratorium. Any temporary use shall include proper maintenance of the grounds including landscaping, parking lot area and litter control. Section 2. Scope. The Community Development Department shall not complete and the City shall not consider or approve any applications for entitlements including but not limited to conditional use permits, variances, or building permits for new Retail Sales uses in excess of 10,000 square feet ORDINANCE NO. 2005-016 2