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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2011 -004 AN ORDINANCE AMENDING PROVISIONS OF THE SAN LEANDRO ZONING CODE RELATING TO HOMELESS SHELTERS IN THE IL INDUSTRIAL LIGHT ZONING DISTRICT WHEREAS, the City adopted its Housing Element in April 2010 after a lengthy community outreach process that included Planning Commission and City Council work sessions and hearings, as well as various forms of stakeholder contact, including a project website and printed brochure; and, WHEREAS, the State of California adopted a Fair Share Zoning Law (SB2) that requires that every city and county assess how many homeless persons are in their community and to identify zones, in the Housing Element of their General Plan and in their Zoning Codes, where emergency homeless shelters are allowed to locate without a conditional use permit or other discretionary permit; and, WHEREAS, the City has prepared an Initial Study and Negative Declaration for the Zoning Code Amendments, pursuant to the California Environmental Quality Act ( "CEQA "). THEREFORE, the City Council of the City of San Leandro ordains as follows: SECTION 1. Article 3, Section 1 -304 of the City of San Leandro Zoning Code is hereby amended by adding the definition: Homeless Shelters. Facility limited to 25 beds and subject to the following requirements: the facility has an adopted management plan that includes hours and staffing; the facility provides sufficient waiting room, parking and loading facilities; and that 24 -hour male and female toilets, showers and private lockers are provided. SECTION 2. Article 7, Section 2 -704 (IL Districts — Use Regulations) is hereby amended to add "Homeless Shelters" to the subsection A: IL District — Permitted Uses. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause and phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable.