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5A Public Hearings 2020 1207
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5A Public Hearings 2020 1207
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CM City Clerk-City Council - Document Type
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12/7/2020
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File Number: 20-525 <br />on the proposed Zoning standards ahead of the public review draft. <br />The Planning Commission then considered the proposed amendments at a regular public <br />hearing on November 5, 2020, at which time they asked additional clarifying questions of staff <br />and received public comment on the proposed amendments. A representative from Target <br />reiterated concerns expressed during the Specific Plan’s adoption about how the amendments <br />would impact Target’s property, operations and guest experience and wanted its existing land <br />use and property rights protected. Written comments submitted on behalf of Century Theaters <br />related to parking concerns and property rights were also forwarded to the Commission. The <br />Planning Commission unanimously voted to recommend approval of the proposed amendments <br />to the City Council with minor amendments to the implementation plan to reflect that bike lanes <br />along Hesperian Blvd. and Fairmont Drive are intended to be “protected” rather than “buffered.” <br />Conclusion <br />As discussed above, the proposed amendments are the culmination of a multi-year, public <br />planning effort to lay the groundwork to transform the area surrounding the Bay Fair BART Station <br />into a vibrant transit village. The Zoning Code, Zoning Map, Municipal Code, Specific Plan, and <br />General Plan amendments implement the community’s vision as articulated in the Bay Fair TOD <br />Specific Plan and establish appropriate development and design standards for this major growth <br />area in the City. The amendments respond to recent trends in state law by establishing objective <br />criteria; however, they also include opportunities for flexibility and a wide range of land uses to <br />better align with future economic and development trends while keeping with the spirit of the <br />Specific Plan. <br />ENVIRONMENTAL REVIEW <br />On February 20, 2018, the City Council adopted Resolution No. 2018-008 certifying an EIR <br />entitled, "Bay Fair Transit Oriented Development (TOD) Specific Plan Environmental Impact <br />Report” (SCH # 2017032016)." In conjunction with the certification of the Certified EIR, a <br />Mitigation Monitoring and Report Program (MMRP) was adopted for the Project. <br />The California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et <br />seq., and the State CEQA Guidelines Section 15162 require that when an EIR has been certified <br />for a project, no subsequent EIR shall be prepared for that project unless the lead agency <br />determines, on the basis of substantial evidence in light of the whole record, that one or more of <br />the following exists: <br />1.Substantial changes are proposed in the project which will require major revisions of the <br />previous EIR due to the involvement of new significant environmental effects or a <br />substantial increase in the severity of previously identified significant effects; <br />2.Substantial changes occur with respect to the circumstances under which the project is <br />undertaken which will require major revisions to the previous EIR due to the involvement of <br />new significant environmental effects or a substantial increase in the severity of previously <br />identified significant effects; or <br />3.New information of substantial importance, which was not known and could not have been <br />known with exercise of reasonable diligence at the time of the previous EIR was certified <br />Page 5 City of San Leandro Printed on 12/2/2020
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