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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE N0.2010-001 (3081) <br />AN ORDINANCE AMENDING PROVISIONS OF THE SAN LEANDRO <br />ZONING CODE RELATING TO WATER EFFICIENT LANDSCAPING <br />WHEREAS, the Water Conservation in Landscaping Act of 2006 (Assembly Bill <br />1881), has been enacted into law by the State of California; and <br />WHEREAS, Assembly Bill 1881 requires that all local jurisdictions within the <br />State of California adopt an ordinance that "meets or exceeds" the requirements of the <br />Department of Water Resources model Water Efficient Landscape Ordinance (WELO); <br />WHEREAS, the model WELD requires, among other things, that local zoning <br />regulations promote the use of water efficient irrigation, plant selection and drought <br />tolerant landscaping; and <br />WHEREAS, the City of San Leandro resolved in February 2006 to encourage the <br />use of water efficient landscaping, as embodied in the StopWaste.Org protocols, Bay <br />Friendly Landscaping; and <br />WHEREAS, it is necessary and desirable to amend various provisions of the San <br />Leandro Zoning Code to conform to the requirements of the WELD; and <br />WHEREAS, the City Council of the City of San Leandro fords that the adoption <br />of these Code amendments has no potential to result in a significant effect on the <br />environment, and is thus exempt from the California Environmental Quality Act <br />("CEQA"), pursuant to sections 15061(b)(3) of the California Code of Regulations <br />(CEQA Guidelines). <br />THEREFORE, the City Council of the City of San Leandro ordains as follows: <br />SECTION 1. Article 19 Landscape Requirements of the City of San Leandro Zoning <br />Code is hereby amended to add the text as outlined in Attachment A. <br />SECTION 2. Severability. <br />If any section, subsection, subdivision, paragraph, sentence, clause or phrase of <br />the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any <br />court of competent jurisdiction, such decision shall not affect the validity or effectiveness <br />of the remaining portions of this Ordinance or any part hereof. The City Council hereby <br />declazes that it would have passed each section, subsection, subdivision, paragraph, <br />sentence, clause and phrase of the Ordinance irrespective of the fact that one or more of <br />them would be declared unconstitutional or invalid. To this end, the provisions of the <br />