Ord 2024-012 - Municipal Code Amendments

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2024-012 ORDINANCE TO AMEND CHAPTER 3-1 (COMMUNITY PRESERVATION), CHAPTER 4-11 (NOISE), AND CHAPTER 4-34 (MOBILE FOOD VENDING) OF THE MUNICIPAL CODE WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and WHEREAS, the City of San Leandro has an interest in planning and regulating the use and maintenance of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods. Without stable, well- planned neighborhoods and commercial areas, sections of the City can quickly deteriorate, with consequences to social, environmental, and economic values; and WHEREAS, the City of San Leandro has an interest in maintaining a high quality of life for all of its residents, which includes ensuring that all may enjoy the benefits of living in the City; and WHEREAS, the State of California has established Senate Bill 946 (2018) limiting local agencies’ ability to regulate sidewalk vendors; and WHEREAS, the City Council finds that the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment in accordance with Section 15060(c)(2) of the California Environmental Quality Act; and WHEREAS, the City Council held a duly noticed public hearing regarding the Municipal Code amendments on July 1, 2024, at which time all interested parties had the opportunity to be heard; and WHEREAS, a staff report for the City Council dated July 1, 2024, and incorporated herein by reference, described and analyzed the Municipal Code amendments; and WHEREAS, the City Council desires to adopt the Municipal Code amendments. 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. AMENDMENT OF MUNICIPAL CODE. The San Leandro Municipal Code is hereby amended as shown in the attached Exhibit A which is incorporated herein by reference. SECTION 3. ENVIRONMENTAL REVIEW. Pursuant to CEQA and the CEQA Guidelines, the City Council finds that the proposed amendments are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as the Ordinance has no potential to result in a direct, or reasonably foreseeable indirect impact on the environment.