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File Number: 18-368 <br />Non-hosted short-term rentals of residential dwelling units established within the city limits of the City of <br />San Leandro, during the duration of this moratorium or any extension thereof, shall be declared to be a <br />public nuisance. Violations of this interim ordinance may be enforced by any applicable laws or <br />ordinances, including but not limited to injunctions, or administrative or criminal penalties under the San <br />Leandro Municipal Code. <br />SECTION 5. Compliance with California Environmental Quality Act (CEQA). This Ordinance is <br />not a “project” within the meaning of section 15378 of the State CEQA Guidelines, because it has no <br />potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. <br />It temporarily prevents certain physical changes in the environment pending study and potential <br />adoption of zoning amendments or policies regulating non-hosted short-term rentals of residential <br />dwelling units. Furthermore, this interim ordinance is categorically exempt from CEQA under CEQA <br />Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with <br />Government Code section 65858, to assure maintenance and protection of the environment pending <br />consideration of amendments to the City’s municipal codes, including its Zoning Code. <br />SECTION 6. Severability. If any provision of this interim ordinance or the application thereof to <br />any person or circumstance is held invalid, the remainder of the ordinance, including the application of <br />such part or provision to other persons or circumstances shall not be affected thereby and shall <br />continue in full force and effect. To this end, provisions of this interim ordinance are severable. The City <br />Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, <br />sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, <br />subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or <br />unenforceable. <br />SECTION 7. Effective Date. This Ordinance shall become effective immediately upon adoption, if <br />adopted by at least four-fifths vote of the City Council. It shall be in effect for forty-five (45) days from <br />and after the date of adoption, unless extended by the City Council as provided for in Government Code <br />section 65858. <br />2981649.1 <br />Page 3 City of San Leandro Printed on 7/17/2018