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File Number: 18-127 <br />January 18, 2018; and <br />WHEREAS, the matter of the appeal was scheduled and noticed in accord with Article 28 <br />of the Zoning Code; and <br />WHEREAS, the City Council held a duly noticed public hearing on March 19, 2018, <br />regarding the subject appeal; and <br />WHEREAS, the City of San Leandro’s General Plan, Zoning Code, and TOD Strategy are <br />incorporated herein by reference, and are available for review at City Hall during regular business <br />hours; and <br /> <br />WHEREAS, on March 19, 2018, the City Council, after consideration of all arguments <br />made by and on behalf of the Appellant, the staff report, conditions of approval, and all other <br />testimony and evidence presented at the public hearing, declared its intent to deny the appeal <br />and uphold the decision and findings of the Board of Zoning Adjustments regarding Site Plan <br />Review PLN17-0061. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />Section 1. That the City Council denies the appeal by J.W. Blaine, upholds the Board of <br />Zoning Adjustment’s approval of the Site Plan Review application for Parrot Street Apartments <br />(“Project,” PLN17-0061), and makes the following findings: <br />A. The forgoing recitals are true and correct and made part of this resolution. <br />B. The City Council has reviewed, considered and evaluated all of the Project Based on the <br />entirety of the record and following consideration of all materials and public comments <br />received at the hearing, the City Council finds and determines that the Project described <br />herein is consistent with the San Leandro General Plan; the Project is in accord with the <br />objectives of the Downtown TOD Strategy; and is in compliance with the development <br />standards of the Zoning Code. <br />C. The City Council finds that the grounds for the Appeal are without merit, in that the design <br />of the Project, including the building’s form and massing, have been demonstrated to not <br />result in conditions which would be detrimental to the public health, safety or welfare of <br />persons residing in the vicinity of the Project, and will not be detrimental to properties or <br />improvements in the vicinity, or to the general welfare of the City. The design and massing <br />of the Project have been found to be in accord with all development standards identified in <br />the Zoning Code and any shadows cast by the Project upon adjacent properties have <br />been demonstrated to not result in a nuisance condition or a condition that deprives <br />adjacent property owners from the enjoyment or use of their properties. <br />D. The City Council hereby upholds the Findings of Fact as adopted by the Board of Zoning <br />Adjustment in support of its approval of the Site Plan Review for the Project (PLN17- <br />0061), as adopted on January 4, 2018, incorporated herein and attached to this <br />Page 3 City of San Leandro Printed on 3/13/2018 <br />108