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• <br /> ,•i <br /> [Ordinance No ._2000-_03; <br /> • IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO Expires 11 <br /> ORDINANCE NO. 2000 - 03 (1005/1024/1098 /1099/ <br /> 1203/1428/2167/2792) <br /> AN INTERIM URGENCY ORDINANCE PROHIBITING <br /> THE PROCESSING AND APPROVAL OF USE PERMITS, <br /> VARIANCES, BUILDING PERMITS, <br /> ZONING APPROVAL FOR A BUSINESS LICENSE APPLICATION, OR <br /> OTHER ZONING ENTITLEMENTS FOR <br /> BUSINESSES DEVOTED PRIMARILY TO THE SALE OR EXCHANGE OF <br /> TOBACCO RELATED PRODUCTS <br /> AND DECLARING THIS ORDINANCE TO BE <br /> AN URGENCY MEASURE, TO TAKE EFFECT IMMEDIATELY, <br /> AS IT RELATES TO THE PRESERVATION OF <br /> PUBLIC PEACE, HEALTH AND SAFETY <br /> RECITALS <br /> A. In March of 1999, the City Council began the process of adopting a new land use element <br /> • <br /> for the General Plan for the City of San Leandro. <br /> B. The City has received several applications for activities devoted primarily to the sale or <br /> exchange of tobacco related products to locate in San Leandro, two of these businesses have already <br /> begun operations in the City, and such businesses can be expected to continue to proliferate. <br /> C. The use of tobacco products is a serious health issue in the City of San Leandro, the State <br /> of California, and the United States of America. <br /> D. The Zoning Code does not specifically regulate the location or operation of businesses <br /> primarily devoted to the sale of tobacco products and such businesses are currently permitted in <br /> commercial zoning districts. <br /> E. Many available locations for such businesses are within close proximity to schools and <br /> areas frequented by school children. <br /> F. On January 18, 2000, the City Council held a public hearing noticed pursuant to <br /> Government Code section 65090 and evaluated all evidence and testimony for and against the adoption of <br /> the interim ordinance. <br /> G. The adoption of this interim ordinance is exempt from environmental review under the <br /> California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the <br /> 1 <br />