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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2005-021 (1098/2792) AN ORDINANCE AMENDING ARTICLE 6, SECTION 2-608 OF THE SAN LEANDRO ZONING CODE REGARDING PERMITTED USES, CONDITIONALLY PERMITTED USES, AND USES REQUIRING ADMINISTRATIVE REVIEW FOR THE COMMERCIAL DOWNTOWN ZONING DISTRICT 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 2004 the City Council adopted the E. 14t'' Street South Area Development Strategy (Strategy), which included changes in the permitted/conditionally permitted uses in the adjacent zoning district to the south that staff believes could be applicable to the CD Zoning District. C. In late Spring of 2005, the City Council was apprised of the recent sale of property and potential for a change in tenancy of a large downtown parcel that had not been on the market for more than 60 years. D. In August of 2005, the City Council enacted an interim ordinance on an urgency basis instituting a moratorium on all new Retail Sales uses in excess of 10,000 s.f, in size in the CD Zoning District, to allow the City an opportunity to study and consider the potential impact of these and other currently permitted uses have on the ability of the City to achieve the aims of its General Plan and other applicable goals and policies. In adopting the moratorium, the City Council directed staff to propose amendments to the Zoning Code to modify the permitted/conditionally permitted uses in the CD District, such that they reflect the downtown's land use vision emphasized in the General Plan, Downtown Plan, and the Strategy. E. This Ordinance does not itself approve or allow the construction of any project and, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Therefore, adoption of this 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.