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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2004-004 (1024/1098) AN ORDINANCE AMENDING ARTICLE 3, ARTICLE 6, ARTICLE 7, ARTICLE 16, AND ARTICLE 17 OF THE SAN LEANDRO ZONING CODE REGARDING RESTAURANTS, CAFES, AND FAST FOOD ESTABLISHMENTS 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 October of 2002, the City Council was apprised of recent development applications in the nature of new Fast Food and Small-Scale Fast Food restaurants, as those terms are defined in Article 3 of the City's Zoning Code, which have been received and/or considered by the City, which the City Council is concerned may, if allowed to be developed, conflict with and prevent the attainment of applicable goals and policies described above. C. The City Council adopted an interim ordinance on an urgency basis instituting a moratorium on all new Fast Food and small-scale Fast Food restaurants in downtown San Leandro, to allow the City an opportunity to study and consider the potential impact of these and other Fast Food restaurant 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 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. The adoption of this 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. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: Section 1. Findings. The City Council of the City of San Leandro does hereby find as follows. (A) The proliferation and over-concentration of Fast Food, small-scale Fast Food restaurants, and similar uses in downtown San Leandro threatens to impede or prevent the accomplishment of fundamental goals and policies related to establishing and maintaining a vital 1