|
Marijuana Dispensary use in the IG, IG(AU), IP and CC zoning districts with a Conditional Use
<br /> Permit, because these amendments will not have a significant effect on the 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
<br /> under state law,the City Council finds as follows:
<br /> a. The amendments pertaining to a Medical Marijuana Dispensary in Article 3,
<br /> Section 1-304 Definitions; Article 6, Section 2-606 CC Districts—Use Regulations; Article 7,
<br /> Sections 2-706 IG District—Use Regulations, 2-708 IP District—Use Regulations, and 2-712
<br /> IG(AU) District—Use Regulations; and Article 17, Section 4-1704 Off-Street Parking and
<br /> Loading Spaces Required are in general agreement with General Plan Policies 7.02, 8.02, 10.01
<br /> and 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, and
<br /> 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
<br /> the entirety of the record, as described above, Article 3, Section 1-304 Definitions; Article 6,
<br /> Section 2-606 CC Districts—Use Regulations; Article 7, Sections 2-706 IG District—Use
<br /> Regulations, 2-708 IP District—Use Regulations, and 2-712 IG(AU) District—Use Regulations;
<br /> and Article 17, Section 4-1704 Off-Street Parking and Loading Spaces Required; are hereby
<br /> amended, as set forth in Exhibit A, attached hereto and incorporated into this Ordinance by this
<br /> 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, is
<br /> for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
<br /> 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 person
<br /> or circumstance. The City Council of the City of San Leandro hereby declares that it would have
<br /> adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
<br /> irrespective of the fact that any one or more other sections, subsections, subdivisions,
<br /> paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.
<br /> SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take
<br /> effect thirty(30)days after adoption. The City Clerk is directed to publish the title once and post a
<br /> complete copy thereof on the City Council Chamber bulletin board for five(5)days prior to
<br /> adoption.
<br /> *****
<br /> ORDINANCE NO.2014-003 2
<br />
|