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SECTION 4. New Non -Hosted Short -Term Residential Rentals Declared Public Nuisance. Non -hosted short-term rentals of residential dwelling units established within the city limits of the City of San Leandro, during the duration of this moratorium or any extension thereof, shall be declared to be a public nuisance. Violations of this interim ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the San Leandro Municipal Code. SECTION 5. Compliance with California Environmental Quality Act (CEQA). 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 a direct or reasonably foreseeable indirect physical change in the environment. I temporarily prevents certain physical changes in the environment pending study and potential adoption of zoning amendments or policies regulating non -hosted short-term rentals of residential dwelling units. Furthermore, this interim ordinance is categorically exempt from CEQA under CEQA Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending consideration of amendments to the City's municipal codes, including its Zoning Code. SECTION 6. Severability. If any provision of this interim ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this interim ordinance are severable. The City Council hereby declares that it Would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon adoption, if adopted by at least four-fifths vote of the City Council. It shall be in effect for forty- five (45) days from and after the date of adoption, unless extended by the City Council as provided for in Government Code section 65858. Introduced by COLIFICi I member Lopez and passed and adopted on this 23rd day ol"July 2018 by the following called vote: Members of the Council: AYES: COUncilmembers Balle,,v, Cox, Lce, Lopez, Hernandez, Thomas: Mayor Cutter (7) NOES: None EXCUSED: None (0) ATTEST: Farnika Greenwood, City Clerk ORDINANCE NO. 2018-015 3