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WHEREAS, a staff report dated May 1, 2023 and incorporated herein by reference, described and <br />analyzed the Project for the City Council; and <br />WHEREAS, on May 1, 2023, the City Council reviewed the staff report at a duly noticed public hearing <br />on the Project, at which time all interested parties had the opportunity to be heard; and <br />WHEREAS, the City's Zoning Code is incorporated herein by reference, and is available for review on <br />the City's website. <br />NOW, THEREFORE, the City Council of the City of San Leandro hereby ORDAINS as follows: <br />SECTION 1. RECITALS. The above recitals are true and correct and made a part of this ordinance. <br />SECTION 2. FINDINGS. The City Council makes the following findings in support of amending the Zoning <br />Code, based on the whole of the record: <br />1. The proposed Zoning Code Amendments are consistent with the General Plan, Bay Fair TOD Specific <br />Plan, and the purposes of the Zoning Code as described in Zoning Code Section 1.04.108. <br />2. The proposed Zoning Code Amendments will not be detrimental to the public interest, health, safety, <br />or welfare of the City. <br />3. The proposed Amendments are internally consistent, and are consistent with the City's General Plan, <br />as amended. <br />SECTION 3. AMENDMENT OF ZONING CODE. The San Leandro Zoning Code is hereby amended, as <br />shown in attached Exhibit A and incorporated herein by reference. <br />SECTION 4. ENVIRONMENTAL REVIEW. The amendments are exempt pursuant to the California <br />Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) as it can be seen with certainty that there is <br />no possibility that the activity in question may have a significant effect on the environment as the Ordinance <br />has no potential to result in a direct, or reasonably foreseeable indirect impact on the environment. <br />SECTION 7. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or <br />phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid <br />or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the <br />remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or <br />its application to any other person or circumstance. The City Council of the City of San Leandro hereby <br />declares that it 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, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION 8. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after <br />adoption. The City Clerk is directed to publish the title once and post a complete copy thereof on the City <br />Council Chamber bulletin board for five (5) days prior to adoption. <br />Ordinance 2023-003 <br />2 <br />