RDA Reso 2001-010 - Laserfiche WebLink

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City of San Leandro Community Development Department Planning & Housing Services Division Memorandum DATE: September 24, 2001 TO: Mayor Young and City Councilmembers FROM: Liane Randolph, City Attorney, Debbie Pollart, Planner III SUBJECT: Response to Comments on the Marina Square Auto Mall Expansion Mitigated Negative Declaration A Mitigated Negative Declaration (MND) and Initial Study (IS) was prepared by staff for the proposed Marina Square Auto Mall Expansion project. The Lead Agency and project sponsor for this project is the City of San Leandro Redevelopment Agency. The IS/MND was circulated fora 30-day public review period, from August 17, 2001 to September 17, 2001. Comments on the circulated document were received from Caltrans (they had no comments) and from Miller Starr & Regalia, a professional law corporation representing Dan Martinelli Poultry (601 Marina Boulevard). Copies of the comment letters are included as attachments. The California Environmental Quality Act (CEQA) and Guidelines stipulate that the decision-making body of the lead agency consider the proposed mitigated negative declaration together with any comments received during the public review period (Public Resources Code §21091 (d) (1), and CEQA Section 15074 (b)). However, CEQA does not require a written response to comments for negative declarations. Written responses are only required for Environmental Impact Reports. Due to the technical nature of this proposal and in light of the letter received from the attorney representing Dan Martinelli Poultry, staff has prepared written responses to the comment letter received from Miller Starr & Regalia on the mitigated negative declaration. Please note that the numbering of the responses correlate to the numbering indicated in the commentor's letter. Response to Comment A.1. The project description for the proposed project includes an Owner Participation Agreement (OPA) for the site referred to as 936 Marina Boulevard. The project description does state further, that the actual development of that site, which is anticipated to result from the OPA, is not included in the environmental analysis. Development of the project area was evaluated on a program level as part of the environmental analysis prepared for the Joint Redevelopment Project Area (pp.61-67, Draft EIR for the Joint Redevelopment Project Area). Staff believes that the proposed future use of the site (automobile dealership) would not require any discretionary approval from staff, as the use is permitted and, due to the relatively small size (.31 acres), would not trigger Site Plan Review approval as the two larger McKevitt and Batarse sites do. If consideration of development of the 936 Marina Boulevard were taken into account, the conclusions drawn for the MND would not change -either for project-specific impacts or for cumulative impacts. The