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File Number: 14-130
<br />WHEREAS, in December 2013, the City Council of the City of San Leandro adopted
<br />Ordinance 2013-020, which allows for the establishment of one Medical Marijuana
<br />Dispensary, subject to selection and performance standards, which became effective on
<br />January 15, 2014; and
<br />WHEREAS, the proposed amendments to the Zoning Code apply to a Medical
<br />Marijuana Dispensary; and
<br />WHEREAS, the City has determined that the proposed amendments to the Zoning
<br />Code are exempt from environmental review under subsections (b)(2) and (b)(3) of Section
<br />15061 of the CEQA Guidelines as a minor amendment of the Zoning Code to provide for a
<br />Medical Marijuana Dispensary use in the IG, IG(AU), IP and CC zoning districts with a
<br />Conditional Use Permit, because these amendments will not have a significant effect on the
<br />environment; 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 />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 a Medical Marijuana Dispensary in Article 3, Section
<br />1-304 Definitions; Article 6, Section 2-606 CC Districts - Use Regulations; Article 7, Sections 2
<br />-706 IG District - Use Regulations, 2-708 IP District - Use Regulations, and 2-712 IG(AU)
<br />District - Use Regulations; and Article 17, Section 4-1704 Off-Street Parking and Loading
<br />Spaces Required are in general agreement with General Plan Policies 7.02, 8.02, 10.01 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 sections 65856 and 65867,
<br />and Article 27, “Amendments,” as required by sections 5-2708 and 5-2712 of the Zoning
<br />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 Definitions; Article 6, Section 2-606
<br />CC Districts - Use Regulations; Article 7, Sections 2-706 IG District - Use Regulations, 2-708
<br />IP District - Use Regulations, and 2-712 IG(AU) District - Use Regulations; and Article 17,
<br />Section 4-1704 Off-Street Parking and Loading Spaces Required; are hereby amended, as
<br />set forth in Exhibit A, attached hereto and incorporated into this Ordinance by 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 />Page 2 City of San Leandro Printed on 4/29/2014
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