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File Number: 11 -345 <br />Quality Act, Public Resources Code, sections 21000, et seq. (CEQA) and CEQA Guidelines <br />that were reviewed and approved by the Planning Commission on October 20, 2011 by <br />Resolution No. 2011 -001 PC in accordance with CEQA and adequately discloses and <br />analyzes the potential environmental impacts of the Project; and <br />WHEREAS, the MND was circulated for a 30 -day public review from October 14, <br />2011 to November 14, 2011 and, by separate Resolution, the City Council has made <br />findings and adopted the MND as an objective and accurate document that reflects the <br />independent judgment of the City in the identification, discussion and mitigation of the <br />environmental impacts of the Project; and <br />WHEREAS, in order to allow for the proposed density of 23 dwelling units per acre for <br />the Project, the Property land use designation as set forth in the Zoning Map must be <br />amended from Professional with an Assembly Use overlay "P(AU)" to Residential <br />Multi - Family with a Planned Development Overlay "RM- 1800(PD) ", as set forth in Exhibit A <br />attached hereto and incorporated herein by this reference; and <br />WHEREAS, the Applicant is also requesting the execution of a proposed <br />Development Agreement, attached hereto and incorporated herein as Exhibit B that would <br />vest the Project applications upon execution; and <br />WHEREAS, on October 20, 2011 the Planning Commission of the City of San <br />Leandro passed Resolution No. 2011 -001 PC, recommending adoption of the Development <br />Agreement and adoption of a zoning ordinance amendment that would amend the land use <br />designation of the Property from Assembly Use overlay "P (AU)" to Residential Multi - Family <br />with a Planned Development Overlay [RM- 1800(PD)]; and <br />WHEREAS, on November 21, 2011 the City Council conducted a properly noticed <br />public hearing to consider approval of the Project, including the draft Mitigated Negative <br />Declaration and Planned Development as well as amendments to the General Plan and the <br />Zoning Map; and <br />WHEREAS, the documents incorporated herein by reference are available for review <br />in the City Planning department at the San Leandro City Hall, file PLN2009- 00006, during <br />normal business hours. The location and custodian of the draft Mitigated Negative <br />Declaration, including comments and responses, and other documents that constitute a <br />record of proceedings for the Project is the City of San Leandro, 835 E. 14th Street, San <br />Leandro, CA 94577. <br />NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />Section 1 Findings for the Zoning Map Amendment As required under State law, the City <br />Council finds as follows: <br />a. The proposed rezone is consistent with the City's General Plan (as proposed for <br />amendment), pursuant to Gov. Code section 65855 and sections 5 -2708 and 5 -2712 of the <br />Zoning Code. The Zoning Map RM- 1800(PD) designation corresponds to the appropriate <br />City of San Leandro Page 2 Printed on 11/29/2011 <br />