Ord 2002-029 - Laserfiche WebLink

Home

NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: 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 proliferation and over-concentration of Fast Food and small- scale Fast Food restaurants in 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) There is currently an oversupply of Fast Food and small-scale Fast Food restaurants in downtown San Leandro, and this oversupply conflicts with the goal of the City to provide a broad and balanced range of retail, including restaurant, uses in the downtown area. (3) There is a limited supply of convenient parking in the downtown shopping district, and the impact of additional Fast Food and small-scale Fast Food restaurants 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 Fast Food and small-scale Fast Food restaurants 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. 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 Fast Food and small-scale Fast Food restaurants in the Commercial Downtown (CD) zoning district until such time as this Ordinance and any extension thereof has expired, or new zoning or other regulations of the City which expressly supercede this interim moratorium have become operative, whichever is earlier. 2