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Vesting Tentative Map-8010 12 March 2, 2009 Policy 3.10 CONVERSION OFNON-RESIDENTIAL LAND TO HOUSING AND PUBLIC USES Encourage the development of new housing on underutilized commercial and industrial sites which meet the following criteria: • Sites on the edges of commercial or industrial areas, near to established residential areas. • Sites where continued use with commercial or industrial activities could perpetuate existing land use conflicts. • Sites with adequate infrastructure, access, and road capacity. • Sites which are not constrained by external environmental factors, including freeway, railroad, and airport noise. • Sites where conflicts with surrounding uses would not be created in the event of re-use. • Sites which lack `prime " qualities for commercial or industrial development, such as direct freeway or rail access. • Publicly-owned land which is not being used to its fullestpotential. Sites meeting the above criteria should also be considered for churches, libraries, parks, community facilities, and other uses that provide necessary seruices and advance the quality of life in the community. Permits and/or Variances Granted Site Plan Review Permit 2008-00031was unanimously approved by the Planning Commission on January 22, 2009. Environmental Review This project and the associated Mitigated Negative Declaration tiers off of an Environmental Impact Report prepared for the Downtown San Leandro Transit-Oriented Development (TOD) Strategy that was certified on September 4, 2007. The Mitigated Negative Declaration encompasses a Vesting Tentative Map (PLN2008-00054 Map Number 8010) and Site Plan Review (PLN2008-00031) for a proposed 100 unit affordable housing project with 106 parking spaces. The property encompasses three separate parcels totaling 5.27 acres and is currently vacant. The project site is located within the Downtown San Leandro Transit-Oriented (TOD) Development Strategy Area and is the first development project to implement the TOD Strategy. Project-specific impacts other than those identified in the TOD Strategy EIR are evaluated in the associated Mitigated Negative Declaration. The 27 mitigation measures identified in the Mitigated Negative Declaration would address all potentially significant project-related impacts resulting in no significant impacts. Therefore, there is no substantial evidence, in light of the whole record before the City of San Leandro, the lead agency, that the project as revised may have a significant effect on the environment. Copies of the Mitigated Negative Declaration were sent to the different state agencies for review. A copy of the Mitigated Negative Declaration and Initial Study is attached. The 30-day public review period established far the document was from November 17, 2008 to December 17, 2008. Comments were received from the State of California Department of Transportation (Caltrans) regarding work within the State public right-of--way. A response to comments was prepared indicating that no project-related improvements would be conducted with the State right-of--way. The Public Utilities Commission commented on rail safety associated with the nearby rail corridor. The City of San Leandro Engineering and Transportation Department and the