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• Fees and Exactions: freezes the categories of fees and exactions that the project is subject to, but the fee amounts will be adjusted periodically for inflation based on the amount in place at the time the fee is due; • Exemption to future moratoria: the project will be exempt from any future development moratorium unless the moratorium is mandated by other agencies; • Future condominium - processing: the applicant agrees that it will not pursue a further subdivision of the apartment buildings into individual condominium units. Staff supports the terms of the Development Agreement and believes that the agreement provides certainty that the development will provide orderly planning of public improvements and services and that costs are allocated to achieve maximum utilization of public and private resources in the development process. ENVIRONMENTAL ANALYSIS Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared for the project by the City of San Leandro and released for public review on October 14, 2011. Environmental topics for which mitigation was indicated in order to bring potentially significant impacts to a level of insignificance include: aesthetics, air quality, cultural resources, geology /soils, hydrology /water quality, noise, population and housing, public services, recreation, and utilities. The state mandated 30 -day public review period is from October 14 to November 14, 2011. To date, no comments have been received. All comments received by staff will be forwarded to the City Council as the final decision makers on this project. The City Council hearing is tentatively scheduled for November 21, 2011. PUBLIC OUTREACH Notification of the October 20, 2011 Planning Commission hearing was sent to property owners and businesses within a 300 -foot radius of the site as well as to various public agencies. A legal ad was also published in the local newspaper, the Daily Review, ten days prior to the October 20, 2011 Planning Commission meeting RECOMMENDATION Staff recommends that the Planning Commission adopt a Resolution Recommending that the City Council adopt a Mitigated Negative Declaration; approve a General Plan Land Use Map Amendment from Office to High Density Residential; approve a rezone of the subject site from P Professional District to RM -1800 (PD) Residential Multi - Family (Planned Development Overlay District); approve the Vesting Tentative Map, Tract Map 8003, for condominium purposes; approve a Development Agreement; and approve a Planned Development to develop a 66 -unit apartment complex, subject to the recommended conditions of approval Planning Commission Staff Report October 20, 2010 PLN2009 -00006 - 2450 Washington Apartments Page 10 of 11