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ORDINANCE NO. 2025-010 2 <br />WHEREAS, the City Council has considered all public comments received, the <br />presentation by City staff, the staff report and attachments in adopting this Ordinance; and <br />WHEREAS, the City’s General Plan is incorporated herein by reference and is available for <br />review at City Hall during normal business hours. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: <br />Section 1. Recitals. The recitals above are true and correct and when applicable, <br />incorporated herein by reference. <br />Section 2. Findings. The City Council makes the following findings in support of adopting <br />this ordinance, based on the whole of the record: <br />1.That the proposed Code Amendments are consistent with the General Plan. <br />2.That the proposed Code Amendments are necessary and desirable to achieve the <br />purposes of the Code because the proposed amendments promote and protect the <br />public health, safety, morals, comfort, convenience, and the general welfare of the <br />people. The proposed amendments would support orderly operations on San Leandro <br />waterways would align City regulations with federal law. <br />Section 3. Amendment of Municipal Code Title 7, Article 6. Sections 4.106.5, 4.106.5.1, <br />5.106.13 and 5.106.13.1 of the Exhibit attached to Section 7-5-625, “Local Amendments,” of the <br />San Leandro Municipal Code, are hereby deleted in their entirety. <br />Section 4. Amendment of Municipal Code Chapter 4-19 (San Leandro Marina). The <br />San Leandro Municipal Code is hereby amended as shown in the attached “Exhibit A,” which is <br />incorporated herein by reference. <br />Section 5. Environmental Review. The passage of this ordinance is exempt from the <br />requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that <br />has the potential for causing a significant effect on the environment under CEQA Guidelines <br />Section 15061(b)(3). No further environmental review is necessary. The proposed package of <br />amendments includes amendments that would align the City’s regulations with the <br />requirements of federal law. The City cannot exercise its subjective judgement regarding those <br />amendments due to preemption by federal law, and therefore the action is not discretionary in <br />nature. Other code amendments are modifications to existing regulations that have no <br />possibility of creating a significant environmental impact. <br />Section 6. Severability. If any section, subsection, sentence, clause or phrase of this <br />ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of <br />competent jurisdiction, such decision will not affect the validity of the remaining portions of this <br />ordinance. The City Council hereby declares that it would have passed this ordinance and each <br />of every section, subsection, sentence, clause, or phrase not declared invalid or <br />unconstitutional without regard to whether any portion of the ordinance would be subsequently <br />declared invalid or unconstitutional. DRAFT