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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2025-010 <br /> <br />ORDINANCE TO REMOVE LOCAL AMENDMENTS REQUIRING ALL-ELECTRIC BUILDINGS <br />AND TO AMEND CHAPTER 4-19 OF THE MUNICIPAL CODE TO MODIFY REGULATIONS <br />PERTAINING TO SAN LEANDRO WATERWAYS <br />WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties <br />with the authority to enact ordinances to protect the health, safety, welfare, and morals of their <br />citizens; and <br />WHEREAS, the San Leandro Zoning and Municipal Codes may be periodically amended to <br />ensure that regulations remain relevant, accurate and enforceable over time; and <br />WHEREAS, the attached Municipal Code Amendments modify regulations pertaining to <br />San Leandro waterways, and remove local amendments requiring all-electric buildings; and <br />WHEREAS, San Leandro regulates the portion of the San Francisco Bay that falls within <br />City Limits; and <br />WHEREAS, the City Council desires to amend the regulations in Municipal Code Chapter <br />4-19 to regulate activity on waterways outside of the San Leandro Marina; and <br />WHEREAS, on December 5th, 2024, by Ordinance No. 2022-014, the City adopted an <br />Ordinance adopting by reference the 2022 editions of the California Building Standards Code <br />and 2018 International Property Maintenance Code, with local amendments; and <br />WHEREAS, the local amendments include a requirement that new construction buildings <br />do not use combustion equipment and are all-electric; and <br />WHEREAS, the Ninth Circuit Court of Appeals held in California Restaurant Association v. <br />City of Berkeley that such amendments are preempted by federal law; and <br />WHEREAS, the City desires to remove portions of the local amendments related to the <br />all-electric reach code in order to conform the City’s Municipal Code to federal law; and <br />WHEREAS, the proposed Code amendments are determined to be necessary to advance <br />the City’s interests with respect to public safety and quality of life; and <br />WHEREAS, a staff report dated July 7, 2025, and incorporated herein by reference, <br />describes and analyzes the proposed amendments; and <br />WHEREAS, on July 7, 2025, the City Council held a duly noticed public hearing to <br />consider the proposed amendments, at which time all interested parties had an opportunity <br />to be heard; and <br /> DRAFT