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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2004-022 (1024/1098/1099/1413) AN URGENCY ORDINANCE AMENDING THE CITY OF SAN LEANDRO ZONING CODE TO PROHIBIT CREMATORIA AS A PERMITTED OR CONDITIONALLY PERMITTED USE WITHIN THE CITY RECITALS City. A. Currently, crematoria are permitted uses in certain industrial districts within the B. The issue of whether it is appropriate to allow crematoria as a permitted use has been raised in the context of a crematorium that sought to locate within 1,000 feet of residences and schools. C. The City Council adopted an interim urgency ordinance imposing a 45-day moratorium on the approval of any crematorium use within the City to allow City staff to further review how the Zoning Code regulates crematoria uses. This moratorium expires on October 22, 2004. D. San Leandro Municipal Code Section 1-1-345 permits an ordinance to be immediately adopted and take effect where the purpose of the ordinance is for the immediate preservation of the public peace, health, and safety, and the ordinance contains a declaration of the facts constituting the urgency. 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 declare and find as follows: A. The City Council hereby finds that for the following reasons there is a current and immediate threat to the public peace, health, safety and welfare of its citizens: (1) Crematoria are permitted uses in several industrially zoned districts, and these districts are directly adjacent to residential and commercial developments. (2) As a permitted use, the City currently cannot perform an environmental analysis, or perform a discretionary review of any proposed crematorium use that seeks to locate in these districts. (3) Therefore, a crematorium may locate in these districts by only ORDINANCE NO. 2004-022 717050-1