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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE N0.2004-018 (2799) <br />AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND <br />APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF <br />NEW CONSTRUCTION, OR OTHER ENTITLEMENTS FOR ANY NEW <br />CREMATORIUM WITHIN THE CITY FOR AFORTY-FIVE DAY PERIOD <br />RECITALS <br />A. Currently, crematoria are permitted uses in certain industrial districts within the <br />City. <br />B. Although when originally drafted, crematoria may have been an appropriate <br />permitted use for these districts, now directly-adjacent residential and commercial developments <br />require the City to exercise additional regulatory control over this use. <br />C. San Leandro Municipal Code section 1-1-345 permits for an ordinance to be <br />immediately adopted and take effect where the purpose of the ordinance is for the immediate <br />preservation of the public peace, health, and safety, and the ordinance contains a declaration of <br />the facts constituting the urgency. <br />D. This Ordinance does not itself approve or allow the construction of any <br />crematorium and, therefore, has no potential for resulting in physical change in the environment, <br />directly or ultimately. Therefore, adoption of this interim ordinance is exempt from <br />environmental review under the California Environmental Quality Act pursuant to Public <br />Resources Code section 21065 based on the finding that this Ordinance is not a "project" within <br />the meaning of Section 15378 of the State CEQA Guidelines. The adoption of this interim <br />ordinance is further exempt from environmental review pursuant to Section 15305 of the State <br />CEQA Guidelines, because it is a minor change in land use regulations that will not result in any <br />changes to underlying zoning standards. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />Section 1. Findings. <br />The City Council of the City of San Leandro does hereby declare and find as follows. <br />A. The City Council hereby finds that for the following reasons there is a <br />current and immediate threat to the public peace, health, safety and welfare of its citizens: <br />(1) Crematoria are permitted uses in several industrially zoned <br />districts, and these districts are directly adjacent to residential and commercial developments. <br />(2) As a permitted use, the City currently cannot perform an <br />environmental analysis, or perform a discretionary review of any proposed crematorium use that <br />