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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2012 -001 AN ORDINANCE AMENDING ARTICLE 5, SECTIONS 2 -516 AND 2 -574 (LARGE FAMILY DAY CARE); ARTICLE 5, SECTION 2 -546 (ACCESSORY STRUCTURE); ARTICLE 17, SECTION 4 -1718 (PAVING IN RESIDENTIAL FRONT YARD); AND ARTICLE 16, SECTION 4 -1682 (FENCES IN THE RESIDENTIAL SINGLE - FAMILY VIEW PRESERVATION OVERLAY DISTRICT) OF THE SAN LEANDRO ZONING CODE WHEREAS, in 2002, the City of San Leandro adopted a new General Plan, which states that the City's Zoning Code regulations "strive to maintain a quality environment" in San Leandro's residential neighborhoods; and WHEREAS, the City of San Leandro performs periodic reviews of the Zoning Code and has determined that some revisions and updates are recommended for the residential uses listed in the Zoning Code; and WHEREAS, on January 5, 2012 the City of San Leandro Board of Zoning Adjustments met, reviewed, and commented upon the proposed amendments to the Zoning Code, and such comments were provided to the Planning Commission; and WHEREAS, the proposed amendments to the Zoning Code apply to Large Family Day Care, Accessory Structures, Paving in Residential Front Yards in Residential Districts, and Fences in the Residential Single - Family View Preservation Overlay District; and WHEREAS, on January 19, 2012, the Planning Commission of the City of San Leandro passed Resolution No. 2012 -001 PC, recommending adoption of the zoning ordinance amendments relating to Large Family Day Care in Article 5, Sections 2 -516 and 2 -574; Accessory Structures in Article 5, Section 2 -546; Paving in Residential Front Yards in Article 17, Section 4 -1718; and Fences in the Residential Single - Family View Preservation Overlay District in Article 16, Section 4 -1682; and WHEREAS, on February 21, 2012 the City Council conducted a properly noticed public hearing to consider approval of the proposed Zoning Code amendments; and WHEREAS, the proposed amendments to the Zoning Code are exempt from CEQA since the proposed amendments do not approve or allow the construction of any project and, therefore, have no potential for resulting in physical change in the environment, directly or ultimately. Therefore, adoption of this Ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the finding that the proposed amendments are not a "project" within the meaning of Section 15378 of the State CEQA Guidelines and section 15061(b) as a minor clean up of zoning code sections to clarify existing policy; and