3A Public Hearing 2010 0503 - Laserfiche WebLink

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eating -and -drinking establishments, hotels and motels are permitted, subject to certain limitations to avoid adverse effects on adjacent uses; and WHEREAS, the Community Commercial zoning is consistent with the amended General Plan land use designation as proposed, and that hospitals and mixed-use residential uses such as proposed under the project are generally allowed in the Commercial Community district subject to approval of a Conditional Use Permit; and WHEREAS, the City of San Leandro Zoning Code (Article 10) provides a mechanism, through a Planned Development (PD) zoning overlay for considering projects that include a mix of land uses, provided that such land uses can be made compatible by applying careful and imaginative treatments to the interrelationships of uses and activities to ensure that orderly and thorough planning will result in high-quality urban design; and WHEREAS, hospitals and mixed-use retail and residential uses such as proposed under the Project are allowed in the Commercial Community zoning district subject to approval of a Planned Development Project; and WHEREAS, Planned Development projects must demonstrate that they provide superior urban design in comparison with the more traditional development under the base Community Commercial district zoning regulations; and WHEREAS, a development agreement is a legally binding agreement which provides a greater degree of certainty that a developer may proceed with development in accordance with policies, rules, and regulations in effect at the time of project approval, and also provides a greater degree of certainty to the City that the development of the project will promote the orderly planning of public improvements and services, allocates costs to achieve maximum utilization of public and private resources in the development process, and ensures that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, a Development Agreement has been negotiated and voluntarily entered into by the City and Kaiser containing conditions, terms and provisions; and WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the City issued a Notice of Preparation ("NOP"), indicating an intent to prepare an Environmental Impact Report ("EIR") on the Project; and WHEREAS, a Draft EIR on the Project, SCH #2008012056, was prepared and released by the City and circulated for public review and comment from January 25, 2010 to March 10, 2010; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Draft EIR on February 18, 2010; and WHEREAS, the Final EIR ("FEIR") was published on April 12, 2010, which contained written responses to all comments received on the Draft EIR; and