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WHEREAS, the proposed Amendments to the Zoning Code will update and modernize existing regulations pertaining to medical cannabis dispensaries and enable new regulations for those industries that support them in accord with General Plan policy; and WHEREAS, the proposed Amendments are intended to make the provisions of the Zoning Code consistent with those found in the Municipal Code; and WHEREAS, the proposed Amendments to the Zoning Code will replace the term "marijuana" with "cannabis" for consistency between the Municipal Code, the Zoning Code, and state law; and WHEREAS, the terms "marijuana" and "cannabis" are used interchangeably herein for purposes of description; and WHEREAS, the General Plan and the Zoning Code are incorporated herein by reference, and are available for review at City Hall during normal business hours; and WHEREAS, the Planning Commission reviewed the proposed Zoning Code Amendments at a duly noticed public hearing on November 17, 2016 and unanimously recommended City Council approval of the proposed ordinance by approving Resolution 2016-007 by a 7-0 vote; and WHEREAS, the City Council of the City of San Leandro previously considered this Ordinance at a publically noticed hearing held in December 2016 and directed staff to continue the item and return following further policy discussion; and WHEREAS, the City Council reviewed the staff report and exhibits and finds that the proposed Amendments to the Zoning Code are exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, as they constitute minor amendments to the Zoning Code necessary for consistency with the Municipal Code and state law, and that any potential project enabled under the Amendments will be further subject to review under CEQA; and WHEREAS, the Amendments to the Zoning Code text are set forth in attached Exhibits A through D, incorporated herein by reference. NOW THEREFORE, The City Council of the City of San Leandro does ORDAIN as follows: SECTION 1. RECITALS. The above recitals are true and correct and made a part of this ordinance. SECTION 2. CEQA. The proposed Amendments to the Zoning Code are exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, as they constitute minor amendments to the Zoning Code necessary for consistency with the Municipal Code and State law, and that any potential project enabled under the amendments will be further subject to review under CEQA. The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed Amendments could have a significant effect on the environment and thus are not subject to CEQA. SECTION 3. FINDINGS. Based on the entirety of the record, the City Council hereby finds that the proposed zoning text Amendments shown in Exhibits A -D are consistent with the recently adopted 2035 General Plan. The City Council further finds that consideration of the proposed zoning Amendments complied with the notice and hearing provisions of the Zoning Code. ORDINANCE NO. 2017-014