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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 or operation of any businesses devoted primarily to the sale or exchange of tobacco-related products 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: 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 use of tobacco products is a serious health issue in the City of San Leandro, the State of California, and the United States of America. (2) The Zoning Code does not specifically regulate the location or operation of businesses primarily devoted to the sale of tobacco products and such businesses are currently permitted in commercial zoning districts, many of which are within close proximity to schools and areas frequented by school children. (3) If not properly monitored, businesses devoted primarily to the sale or exchange of tobacco related products create a detrimental effect on the health, safety and welfare of the City by providing greater availability of tobacco products to minors. (4) Activities devoted primarily to the sale or exchange of tobacco related products may be subject to additional regulation which is under consideration by the City and the City needs time to further study the zoning impacts of these tobacco-related businesses. 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, zoning approval of a business license application, or other applicable entitlements for these uses 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: (1) 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. 9