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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2004-001 (1024/1098) AN ORDINANCE APPROVING EXTENSION OF AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, OR OTHER ENTITLEMENTS FOR ALL NEW FAST-FOOD RESTAURANTS IN THE CD-COMMERCIAL DOWNTOWN ZONING DISTRICT FOR A PERIOD EXTENDING TO JULY 31, 2004, OR UNTIL PROPOSED ZONING CODE AMENDMENTS ARE ADOPTED (WHICHEVER COMES FIRST). RECITALS A. In June 2002, a new General Plan was adopted by the City Council, which contains goals and policies recommending that uses in the city's downtown be `higher end' retail. Additionally, the Downtown Plan contains goals and policies addressing the need for commercial uses that `fill the gap' of services found in the downtown area. B. The downtown area contains many existing fast-food restaurants, plus a number of sit-down restaurants. Staff believes that an over-concentration of fast-food restaurants already exists in the CD Zoning District, and that additional fast-food uses would not fulfill the stated goals and policies of the General Plan and Downtown Plan. C. The City Council desires to extend the interim ordinance adopted on November 4, 2002 to institute a moratorium on the consideration and approval of use permits, variances, building permits, or other entitlements for all new fast food restaurants in the CD-Commercial Downtown Zoning District, for a period extending until July 31, 2004, or until the proposed zoning code amendments are adopted, whichever comes first. D. The extension 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, because it has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance does not, in itself, allow the construction of any fast food restaurants and therefore, has no potential for resulting in physical change in the environment, directly or ultimately. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: