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8J Consent 2014 0602
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8J Consent 2014 0602
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Last modified
6/11/2014 4:00:53 PM
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5/28/2014 11:38:45 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/2/2014
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_CC Agenda 2014 0602 RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0602
Reso 2014-054
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Path:
\City Clerk\City Council\Resolutions\2014
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File Number: 14-194 <br />Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines <br />because the General Rule exemption states that where it can be seen with certainty that there <br />is no possibility that the activity in question may have a significant effect on the environment , <br />that the activity is not subject to CEQA. In addition, CEQA defines “project” as an activity that <br />may result in either a direct physical change in the environment or a reasonably foreseeable <br />indirect physical change in the environment (Public Resources Code Section 21065). <br />Updating the Municipal Code in the manner described herein does not alter the existing <br />zoning regulations in any substantive manner such that there is a possibility for the <br />amendments to result in any direct or indirect physical change in the environment or cause <br />any significant environmental effects . Any potential indirect secondary impacts from the <br />proposed amendments on the physical environment are speculative and are not reasonably <br />foreseeable, and are, therefore, not subject to review under CEQA. <br />Board/Commission Review and Actions <br />On January 30, 2014, the Planning Commission and the Board of Zoning Adjustments held a <br />joint workshop meeting to discuss the Zoning Code amendments and offered comments <br />relating to a hypothetical mobile food vending ordinance. Staff considered those comments <br />and incorporated them into a modern Mobile Food Vending ordinance where it was deemed <br />practical and consistent with the purpose of modernizing the regulations. <br />Summary of Public Outreach Efforts <br />The Office of Business Development sought review and comment on the proposed ordinance <br />from the following internal and external individuals, organizations, and departments: <br />·Presented summary of the ordinance at the March 28, 2014 San Leandro Downtown <br />Association meeting <br />·Met with the Alameda County Health Department mobile food inspection team on April 14, <br />2014 <br />·Spoke individually with multiple food truck operators who conduct business within San <br />Leandro <br />Legal Analysis <br />The attached ordinances, resolution and related materials have been reviewed and edited by <br />the City Attorney’s Office . At staff’s request, the City Attorney’s Office conducted legal <br />analysis regarding the proposed regulatory scheme, and finds that the ordinance as proposed <br />passes legal muster. <br />Fiscal Impacts <br />Staff believes the business license fee reduction will not negatively impact the General Fund . <br />The purpose of modernizing the Municipal Code regulations and simplifying the fees is to <br />encourage more mobile food vending throughout the City. Although the City will collect less <br />tax per food truck, there will be more trucks operating within the City. Therefore, revenue <br />generated would be either neutral or not significantly less than the existing revenues. <br />Page 7 City of San Leandro Printed on 5/27/2014
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