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.~ .,, . IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2002 -034 (1098) AN URGENCY ORDINANCE EXTENDING INTERIM URGENCY (ORDINANCE N0.2002-029), PROHIBITING THE CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW CONSTRUCTION OR OTHER ENTITLEMENTS FOR ALL NEW FAST-FOOD RESTAURANTS IN THE CD COMMERCIAL DOWNTOWN ZONING DISTRICT THROUGH DECEMBER 31, 2003 OR UNTIL PROPOSED ZONING CODE AMENDMENTS ARE ADOPTED, WHICHEVER COMES FIRST, AND DECLARING THIS ORDINANCE TO BEAN URGENCY MEASURE, TO TAKE EFFECT IMMEDIATELY, AS IT RELATES TO THE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY RECITALS A. In June 2002, a new General Plan was adopted by the City Council, which contains goals and policies recommending that uses in the city's downtown be `higher end' retail. Additionally, the Downtown Plan contains goals and policies addxessing the need for commercial uses that `fill the gap' of services found in the downtown area. B. The downtown area contains many existing fast-food restaurants, plus a number of sit-down restaurants. Staff believes that an over-concentration of fast-food restaurants already exists in the CD Zoning District, and that additional fast-food uses would not fulfill the stated goals and policies of the General Plan and Downtown Plan. C. Pursuant to Government Code section 65858, the City Council desires to extend the interim ordinance adopted on November 4, 2002 to institute a moratorium on the consideration and approval of use permits, variances, building permits, start of new construction, or other entitlements for all new fast food restaurants in the CD-Commercial Downtown Zoning District, for a period extending until December 31, 2003 or until the proposed zoning code amendments are adopted, whichever comes first. D. The extension of this interim 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. This Ordinance does not, in itself, allow the construction of any ~ fast food restaurants and therefore, has no potential for resulting in physical change in the environment, directly or ultimately.