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File Number: 13-229
<br />WHEREAS, the Planning Commission reviewed the staff report and approved the
<br />findings that the proposed amendments to the Zoning Code are exempt from environmental
<br />review under Sections 15061(b)(2) and (3) of the CEQA Guidelines as a minor amendment of
<br />the Zoning Code to provide for Cottage Food Operations in a residential dwelling unit because
<br />they will not have a significant effect on the environment and because future Cottage Food
<br />Operations uses would be exempt from CEQA review under Section 15301(a), Existing
<br />Facilities; and
<br />WHEREAS, the final General Plan and the Zoning Code are incorporated herein by
<br />reference, and are available for review at City Hall during normal business hours.
<br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as
<br />follows:
<br />Section 1.Incorporation. The recitals above are true and correct and incorporated
<br />herein by this reference.
<br />SECTION 2.Findings for the Zoning Code Amendment. As required under state
<br />law, the City Council finds as follows:
<br />a.The amendments pertaining to Cottage Food Operations in Article 3, Section 1-304
<br />Definition; Article 5, Section 2-574 Administrative Exceptions ; Article 16, Section 4-1688
<br />Cottage Food Operations (new section); and Article 17, Section 4-1704 Off-Street Parking and
<br />Loading Spaces Required are in general agreement with General Plan Policies 3.08, 8.02 and
<br />12.03, as further explained in the staff report associated with this ordinance .
<br />b.The proposed Zoning Code amendments are internally consistent with the City’s
<br />Zoning Ordinance. The amendments meet the requirements and standards of the Zoning
<br />Ordinance and the procedural requirements of Government Code section 65856 and 65867,
<br />and Article 27, “Amendments,” as required by sections 5-2708 and 5-2712 of the Zoning Code
<br />Section 3.Adoption of the Zoning Code Amendments. Based on the entirety of
<br />the record, as described above, Article 3, Section 1-304, Article 5, Section 2-574 and Article
<br />17, Section 4-1704 are hereby amended, and Article 5, Section 4-1688 is hereby added to the
<br />Zoning Code as set forth in Exhibit A, attached hereto and incorporated into this Ordinance by
<br />this reference.
<br />SECTION 4.SEVERABILITY. If any section, subsection, subdivision, paragraph,
<br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance,
<br />is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall
<br />not affect the validity or enforceability of the remaining sections , subsections, subdivisions,
<br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
<br />person or circumstance. The City Council of the City of San Leandro hereby declares that it
<br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or
<br />phrase hereof, irrespective of the fact that any one or more other sections, subsections,
<br />subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or
<br />unenforceable.
<br />Page 2 City of San Leandro Printed on 5/29/2013
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