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WHEREAS, adoption of this interim ordinance does not require review under the <br />California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., "CEQA") based <br />on the following: <br />a. This ordinance is not a "project" within the meaning of Section 15378 of the State <br />CEQA Guidelines, because adoption of a temporary moratorium has no potential for <br />resulting in either a direct or indirect physical change in the environment. <br />b. This ordinance is categorically exempt from CEQA pursuant to Section 15308 of <br />the CEQA Guidelines as a regulatory action taken by the City pursuant to its police <br />power and in accordance with Government Code Section 65858 to assure <br />maintenance and protection of the environment pending the evaluation and adoption <br />of contemplated local legislation, regulation and policies. <br />NOW, THEREFORE, the City Council for the City of San Leandro adopts as an interim <br />ordinance under the provisions of Government Code Section 65858 and ORDAINS as follows: <br />SECTION 1. Incorporation of Recitals. The City Council finds that the aforementioned <br />recitals are all true and correct and are incorporated herein by reference. <br />SECTION 2. Moratorium Imposed on Non -Hosted Short -Term Rentals. In accordance <br />with the authority granted the City. of San Leandro under Article XI, Section 7 of the California <br />Constitution and California Government Code Section 65858, from and after the date of this <br />interim ordinance: Any residential property owner in the City of San Leandro whose place of <br />domicile is not at the San Leandro property that he or she owns and seeks to rent shall be <br />prohibited from renting such residential property, or having an intermediary rent such property, <br />for a term of less than 30 days. <br />SECTION 3. Authority; Urgency Statement. This Ordinance is an interim ordinance, <br />adopted as an urgency measure pursuant to Government Code section 65858 and is for the <br />immediate and long-term preservation of the public peace, health, and welfare. The following <br />facts constitute an urgency measure: The City has recently begun the process of developing <br />amendments to the zoning provisions contained in the San Leandro Municipal Code to protect <br />public peace, health, and welfare within the residential communities of the City by restricting <br />non -hosted short-term rentals of residential dwelling units. Accordingly, there is a current and <br />immediate threat to the public health, safety, or welfare related to land uses that involve non - <br />hosted short-term rentals of residential dwelling units. In order to maintain comprehensive and <br />sound land use planning, the City seeks to study possible amendments to the zoning provisions <br />of its municipal codes, use permit requirements, and other land use entitlement requirements in <br />order to regulate non -hosted short-term rentals of residential dwelling units. Allowing non - <br />hosted short-term rentals of residential dwelling units before the City has had an opportunity to <br />update its regulations, could lead to conflicts amongst various land uses and conflicts with the <br />City's long-term planning goals. <br />ORDINANCE NO. 2018-015 2 <br />