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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2011 RESOLUTION APPROVING THE NEGATIVE DECLARATION FOR THE AMENDMENTS TO THE ZONING CODE RELATED TO SB2 FAIR SHARE ZONING AND TO DOWNTOWN AREA DEFINITIONS, PARKING AND USES AS COMPLETE AND IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUIREMENTS WHEREAS, the City Council approved a comprehensive update of the City's General Plan in May 2002, which included policy directives related to housing and downtown development; and WHEREAS, in connection with the aforementioned 2002 General Plan update, the City prepared and the City Council certified an environmental impact report prepared pursuant to the California Environmental Quality Act; and WHEREAS, the State of California adopted a Fair Share Zoning Law (SB2) that requires that every city and county assess how many homeless persons are in their community and to identify zones, in the Housing Element of their General Plan and in their Zoning Codes, where emergency homeless shelters are allowed to locate without a conditional use permit or other discretionary permit; and, WHEREAS, the City adopted a Transit Oriented Development Strategy and Zoning Code amendments that created the Downtown Area (DA) Zones in 2007; and WHEREAS, the proposed Zoning Code amendment implements the San Leandro General Plan policies for this area of the City and has been presented to the City Council of the City of San Leandro ( "City Council "); and WHEREAS, the City Council finds that the proposed Zoning Code amendment is entirely consistent with the San Leandro General Plan and does not propose any changes to its land use designations, densities, or development policies; and WHEREAS, the Department of Community Development of the City of San Leandro has prepared and circulated for public review an Initial Study which demonstrates that the proposed amendments to Zoning Code Article 3, Section 1 -304; Article 6, Sections 2 -636, 2 -640, 2 -642, 2- 644; Article 7, Section 2 -704; Article 10, Section 3 -1022; and Article 17, Section 4 -1702; would have no significant or potentially significant environmental impacts, and a draft Negative Declaration (attached as Exhibit A and incorporated herein by reference) was prepared and circulated for public review; and WHEREAS, no comments were received concerning the Negative Declaration during the public review and comment period; and