Ord 2004-001 - Laserfiche WebLink

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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 continues to be a current and immediate threat to the public peace, health, safety and welfare of its citizens: (1) The construction and/or approval of fast-food restaurants would not be in conformance with applicable goals and policies identified in the adopted General Plan and Downtown Plan, as it does not fit the definition nor fulfill the goal of providing `higher end' retail. (2) The over-concentration of fast-food restaurants in the CD Zoning District does not provide for an improvement of the character of the neighborhood and results in an adverse effect on the general welfare and character of the downtown shopping district. (3) City staff needs the additional time offered by the extension of the ordinance to study the above matters and take any action that may result from the studies, which may include modifications to the Zoning Code. B. For the reasons set forth above and in the recitals of this Ordinance, the City Council further finds that the consideration and approval of use permits, variances, building permits, or other entitlements 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, or other applicable entitlements for the uses identified herein is necessary to protect the public health, safety, and welfare. Section 2. Scope. The Community Development Department shall not complete any applications for entitlements including conditional use permits, variances, building permits, or other entitlements for new fast-food restaurants in the CD Zoning District until such time as this ordinance has expired or new zoning ordinances of the City have become operative, whichever is earlier. Section 3. Environmental Review. The City Council finds that the adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the finding that this Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately.