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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2005-014 (1005/1009/1098/1136/ 2792/2799/2805) AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW CONSTRUCTION OR OTHER ENTITLEMENTS FOR ALL NEW RETAIL SALES ESTABLISHMENTS IN EXCESS OF 10,000 SQUARE FEET IN THE COMMERCIAL DOWNTOWN ZONING DISTRICT FOR A PERIOD OF FORTY-FIVE DAYS AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE, TO TAKE EFFECT IMMEDIATELY, AS IT RELATES TO THE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY RECITALS A. In 2002, the City of San Leandro adopted a new General Plan, which includes short-term and long-term goals and policies concerning the development of Downtown San Leandro, and which takes into consideration existing plans and studies including the Downtown Plan and Urban Design Guidelines, adopted in February of 2001, as well as standards and polices applicable to the Plaza Redevelopment Area, adopted by the City's Redevelopment Agency. B. In late Spring of 2005, the City Council was apprised of the recent sale of the property at 1550 E. 14`x' Street (former Albertsons grocery store) and the possibility that the property could be occupied by a variety of retail operators, including discount retailers, as Retail Sales. as defined in Article 3 of the City's Zoning Code, is a permitted use. The City Council is concerned that such uses may, if allowed to be developed, conflict with and prevent the attainment of applicable goals and policies described above. C. Pursuant to Government Code section 65858, the City Council desires to adopt an interim ordinance on an urgency basis for a period of forty-five days to institute a moratorium on all new Retail Sales that are in excess of 10,000 s.f. in the CD Commercial Downtown zone, to allow the City an opportunity to study and consider the potential impact of these and other large Retail Sales development proposals on the ability of the City to achieve the aims of its General Plan and other applicable goals and policies. D. This Ordinance does not itself approve or allow the construction of any Retail Sales in excess of 10,000 square feet and, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Therefore, adoption of this interim ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the finding that this Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines. The adoption of this interim ordinance is further exempt from environmental review pursuant to Section 15305 of the State CEQA Guidelines, because it is a minor change in land use regulations that will not result in any changes to underlying zoning standards.