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ADOPT: Ordinance No. 2013-006, an Ordinance Amending Article 3, Section 1-304 (Definitions); Amending Article 16 to Add Section 4-1688 (Cottage Food Operations); Amending Article 5, Section 2-574 (Administrative Exceptions); and Amending Article 17, Section 4-1704 (Off-Street Parking and Loading Spaces Required) of the San Leandro Zoning Code (approves regulations for Cottage Food Operations, a new use that would allow for limited commercial food preparation in residential dwellings, to comply with new State law AB 1616)
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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
WHEREAS, in September 2012, the State of California signed into law AB 1616, Cottage Food Operations, which allows for the operation of home-based commercial food preparation of baked goods, jams, honey and other products; AB 1616 became effective on January 1, 2013; and
WHEREAS, on April 4, 2013, the City of San Leandro Board of Zoning Adjustments met, reviewed, and commented on the proposed amendments to the Zoning Code pertaining to Cottage Food Operations, and such comments were provided to the Planning Commission; and
WHEREAS, on April 18, 2013, the Planning Commission met, reviewed, commented, and provided a recommendation to the City Council on the proposed amendments to the Zoning Code, all of which are provided to the City Council; and
WHEREAS, the Planning Commission reviewed the staff report and approved the findings that the proposed amendments to the Zoning Code are exempt from environmental review under Sections 15061(b)(2) and (3) of the CEQA Guidelines as a minor amendment of the Zoning Code to provide for Cottage Food Operations in a residential dwelling unit because they will not have a significant effect on the environment and because future Cottage Food Operations uses would be exempt from CEQA review under Section 15301(a), Existing Facilities; and
WHEREAS, the final General Plan and the Zoning Code are incorporated herein by reference, and are available for review at City Hall during normal business hours.
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 amendments pertaining to Cottage Food Operations in Article 3, Section 1-304 Definition; Article 5, Section 2-574 Administrative Exceptions; Article 16, Section 4-1688 Cottage Food Operations (new section); and Article 17, Section 4-1704 Off-Street Parking and Loading Spaces Required are in general agreement with General Plan Policies 3.08, 8.02 and 12.03, as further explained in the staff report associated with this ordinance.
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 Government Code section 65856 and 65867, and Article 27, Amendments, as required by sections 5-2708 and 5-2712 of the Zoning Code
Section 3. Adoption of the Zoning Code Amendments. Based on the entirety of the record, as described above, Article 3, Section 1-304, Article 5, Section 2-574 and Article 17, Section 4-1704 are hereby amended, and Article 5, Section 4-1688 is hereby added to the Zoning Code as set forth in Exhibit A, attached hereto and incorporated into this Ordinance by this reference.
SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of San Leandro hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.
SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. The City Clerk is directed to publish the title once and post a complete copy thereof on the City Council Chamber bulletin board for five (5) days prior to adoption in accordance with section 36933 of the Government Code of the state of California.
Introduced by Councilmember Prola on this 20th day of May, 2013, and passed to print by the following called vote:
Members of the Council:
AYES: Councilmembers Cutter, Gregory, Lee, Prola, Reed, Souza; Mayor Cassidy (7)
NOES: None (0)
ABSENT: None (0)