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WHEREAS, on June 11, 2001 the City Council held a work session to consider the draft zoning <br />revisions as recommended by the Planning Commission; and <br />WHEREAS, the proposed Zoning Code, dated July 2, 2001, incorporates the recommendations of <br />the Planning Commission, and certain additional modifications requested by the City Council. <br />NOW, THEREFORE, The City Council of the City of San Leandro does ORDAIN as follows: <br />SECTION 1. That the proposed San Leandro Zoning Code, dated July 2, 2001, contained in a <br />document which is separately bound as Exhibit A, in strike out form showing all text revisions from the <br />existing Zoning Code, and incorporated herein by reference as if set forth in full, a copy of which shall be <br />maintained in full in the City Clerk's office and Zoning Map of the City of San Leandro, attached hereto as <br />Exhibit B, is hereby adopted. <br />SECTION 2: That the existing Zoning Code for the City of San Leandro, adopted December 27, <br />1995, including any amendments thereto, is hereby repealed. In doing so, the City Council expressly <br />provides that all provisions of the prior Code that remain unaffected by the revisions enacted in Section 1, <br />above, remain in full force and effect, and, accordingly, that the repeal of the existing code shall not make <br />legal any uses that did not comply with such unaffected provisions by reason of this repeal and <br />reenactment. <br />SECTION 3: That projects for which an application for use or development subject to the land <br />use regulations, development standards, or other requirements of the San Leandro Zoning Code, which <br />application is determined to be or by law deemed to be complete prior to the effective date of this <br />ordinance, shall be exempt from any such new regulation, standards or requirements adopted hereby; <br />however, this exemption does not, and shall not be interpreted to, apply to applications for use or <br />development currently subject to the moratoriums imposed pursuant to City of San Leandro Ordinances <br />Nos. 2000-03 and 2001-014. <br />SECTION 4: That the temporary moratoriums enacted by the City Council, Ordinances No. <br />2000-03 and No. 2001-014, related to businesses devoted primarily to the sale or exchange of tobacco <br />related products, and related to construction of second story residential additions in Bayo Vista, <br />respectively, shall expire and be of no further force and effect upon the effective date of this ordinance. <br />SECTION 5: If any section, subsection, sentence, clause, phrase or word of this Ordinance is <br />for any reason declared to be invalid or unconstitutional, by the decision of any court of competent <br />jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this <br />Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, <br />subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more <br />section, subsection, sentence, clause, phrase or portion may be declared invalid, ineffective or <br />unconstitutional. <br />SECTION 6: This ordinance shall take effect thirty (30) days after adoption and the title thereof <br />shall be published once prior to adoption. <br />