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1 IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2001 — 012 (1005/1024/1098/ 1099/1428/2792) AN INTERIM URGENCY ORDINANCE PROHIBITING THE PROCESSING AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW CONSTRUCTION OR OTHER ENTITLEMENTS FOR NEW SECOND STORY HOMES, NEW SECOND STORIES OR EXPANSIONS OF EXISTING SECOND STORIES IN THE BAY -O -VISTA AREA FOR A PERIOD OF FORTY - FIVE DAYS AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE, TO TAKE EFFECT IMMEDIATELY, AS IT RELATES TO THE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY RECITALS A. In 2000, the City of San Leandro began the process of adopting new zoning code provisions related to second story additions on single family residences. B. Several recent second story additions in the view- sensitive Bay -O -Vista area of the City have altered the character of the neighborhood. C. Pursuant to Government Code section 65858, the City Council desires to adopt an interim ordinance on an urgency basis for a period of forty -five days to institute a moratorium on new second story homes, new second stories or expansions of existing second stories in the Bay - O -Vista area. D. The adoption of this interim ordinance is exempt from environmental review under the Califomia 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 second story additions or second story construction and therefore, has no potential for resulting in physical change in the environment, directly or ultimately. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: