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ADOPT: Ordinance No. 2012-005, an Ordinance Amending Sections 4-1904, 4-1908 and 4-1910 of Article 19 of the City of San Leandro Zoning Code Related to Landscaping Requirements (brings the City of San Leandro Zoning Code Article 19 into conformance with an Alameda County Waste Management Authority mandate that all applicable landscape projects be required to satisfy the Bay Friendly Basic Landscape protocols)
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WHEREAS, in 2002, the City of San Leandro (the "City") adopted a new General Plan, which states in Chapter 5, Open Space, Parks and Conservation that "(a)nother mission of this Element is to promote conservation practices among San Leandro residents and businesses. Three areas are emphasized: water conservation, recycling, and energy conservation"; and
WHEREAS, the City resolved in February 2006 in Resolution No. 2006-013 to encourage the use of water efficient landscaping, as embodied in the Alameda County Waste Management Authority (StopWaste.Org) protocols, Bay Friendly Landscaping; and
WHEREAS, in October 2011, StopWaste.Org issued a mandate that its member agencies meet funding conditions that include the requirement that all new construction and rehabilitation of public and private landscapes of 2,500 square feet of irrigated area or greater adhere to the "Bay Friendly Basics" protocols, in order to continue to receive Waste Import Mitigation Funding; and
WHEREAS, the City performs periodic reviews of the Zoning Code and has determined that some revisions and updates are recommended for applicable landscape projects listed in Article 19 of the Zoning Code; and
WHEREAS, on March 1, 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 City of San Leandro Planning Commission; and
WHEREAS, on March 15, 2012, the Planning Commission passed Resolution No. 2012-003PC, recommending adoption of Zoning Code amendments to Sections 4-1904, 4-1908, and 4-1910 of Article 19 of the San Leandro Zoning Code relating to Bay Friendly Landscape Basics protocols, in order to bring the Zoning Code into compliance with the StopWaste.Org mandate; and
WHEREAS, on April 16, 2012 the City Council conducted a properly noticed public hearing to consider approval of the proposed Zoning Code amendments pursuant to Section 5-2712 of the Zoning Code; 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 minor changes to existing Zoning Code sections to clarify standing policy; and
WHEREAS, the documents incorporated herein by reference are available for review in the City Planning Services Division at San Leandro City Hall, during normal business hours. The location and custodian of the Notice of Exemption and other documents that constitute a record of proceedings for the Project is the City of San Leandro, 835 E. 14th Street, San Leandro, CA 94577.
NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows:
Section 1. Incorporation. The recitals above are true and correct and incorporated herein by this reference.
Section 2. Findings for the Zoning Code amendment. As required under State law, the City Council finds as follows:
a. The proposed Zoning Code amendments are consistent with the City's General Plan, pursuant to Government Code section 65855 and Section 5-2708 of the Zoning Code, as established by the Planning Commission. The proposed amendments are consistent with the following policies of the General Plan:
Policy 26.02 Mitigation of Development Impacts. Require measures to mitigate the impacts of development or public improvements on fish and wildlife habitat, plant resources, and other valuable natural resources in the City.
Policy 26.06 Intergovernmental Coordination. Coordinate with the appropriate regional, state and federal agencies and other organizations in their efforts to conserve and enhance ecological resources in San Leandro. Refer local projects to these agencies as required for their review and comment.
Policy 27.02 Water Conservation. Promote the efficient use of existing water supplies through a variety of water conservation measures, including the use of recycled water for landscaping.
Policy 27.03 Drought-Tolerant Landscaping. Encourage the use of native vegetation and drought tolerant non-native vegetation in landscaping plans.
b. The proposed Zoning Code amendments are internally consistent with the City's Zoning Ordinance. The amendments meet the requirements and standards of the Zoning Ordinance and the procedural requirements of Article 27, "Amendments".
c. The proposed amendments are reasonably related to the public health, safety, and welfare in that the amendments uphold the General Plan goals and policies that emphasize maintaining and improving the attractiveness of the City's neighborhoods.
Section 3. Adoption of the Zoning Code Amendments. Based on the entirety of the record, as described above, Sections 4-1904, 4-1908, and 4-1910 of Article 19 of the San Leandro Zoning Code are hereby amended as set forth in Exhibit A, attached hereto and incorporated into this Ordinance by this reference.
Section 4. Effective Date of Ordinance. This Ordinance shall take effect thirty (30) days after adoption. The City Clerk of the City of San Leandro is directed to publish the title of the Ordinance once and post a complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption.
Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of San Leandro hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Introduced by Councilmember Prola on this 16th day of April, 2012, and passed to print by the following called vote:
Members of the Council:
AYES: Councilmembers Cutter, Gregory, Prola, Reed, Souza, Starosciak;
Mayor Cassidy (7)
NOES: None (0)
ABSENT: None (0)