4A Public Hearing 2015 0720 - Laserfiche WebLink

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PALMIERI, TYLER, WIENER. WILHELM &WALDRON Members of the San Leandro Planning Commission June 18, 2015 Page 4 2. The Planning Commission should not recommend the amendments to the General Plan and Zoning. City Staff and the developer are attempting to amend the General Plan before receiving City Council certification of the EIR and approval of the project. The timing is improper. Why is the City proceeding with approving a final step before approving the beginning step? Any amendment to the General Plan and Zoning should be considered when, or if, the EIR is approved. The proposed amendment to the zoning for the Shoreline is improper. The proposed amendment seeks to change the zoning of the project area from Commercial Recreation to "Community Commercial, Planned Development overlay." This change is in direct conflict with the General Plan goals, policies and actions for the Marina and Shoreline. Policy 9.02 provides, "Enhance the San Leandro Marina areas as a distinguished recreational shoreline, with complementary activities ." In fact, the proposed project seeks to eliminate the recreation and the shoreline. Further, the information proffered as the justification for the Planned Development zoning overlay in the Staff Report is different from that provided in the proposed Planning Commission resolution. The proposed resolution provides that the "overlay is intended for projects that include a mix of land uses, that 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." The Staff Report, however states that the overlay is to "reduce or eliminate the rigidity ... that otherwise would result from application of the zoning standards and procedures ..." The Staff Report goes on to say that the overlay would provide "greater freedom" to the developer. The positions are doublespeak. It is a simultaneous expression of contradictions. It can't be both careful, orderly, thorough and structured and free from order and structure. In order for the Planning Commission to recommend approval of the rezone to a Planned Development Overlay District, it must first find that the Planned Development Concept Plan is consistent with the adopted Land Use Element of the General Plan and other applicable policies of the General Plan and is compatible with surrounding development. (Zoning Code, § 3-1008B.) 1557190.2