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WHEREAS, the City Council desires to update the San Leandro Zoning Code, by adding <br />Chapter 2.10, Bay Fair Transit -Oriented Development (B-TOD) District, to implement the <br />Specific Plan and more specifically identify the standards for development within the Specific <br />Plan Area; and <br />WHEREAS, the City Council also desires to update the Specific Plan's standards and <br />requirements for both publicly accessible and private open space, and implement these standards <br />through the Zoning Code; and <br />WHEREAS, new residential and non-residential uses in the Specific Plan Area will be <br />required to provide certain minimum amounts of publicly accessible open space, as further <br />specified in the Specific Plan and Zoning Code Chapter 2.10; and <br />WHEREAS, the City Council desires to amend minor portions of the Specific Plan and <br />General Plan to ensure consistency between the two, as well as with the proposed Zoning Code <br />Chapter 2.10; and <br />WHEREAS, the City released the proposed text of Zoning Code Chapter 2.10 for a two - <br />week public review on or before August 21, 2020 and held a virtual public community meeting <br />to solicit feedback on the zoning update on September 1, 2020; and <br />WHEREAS, public input was further solicited through a dedicated project website and <br />through a meeting of the Planning Commission on July 2, 2020; and <br />WHEREAS, the proposed adoption of San Leandro Zoning Code Chapter 2.10 and other <br />amendments to the San Leandro Zoning Code, the proposed amendments to the Bay Fair TOD <br />Specific Plan, the proposed amendments to the San Leandro General Plan, and the proposed <br />amendments to the San Leandro Municipal Code are collectively referred to as the "Project"; and <br />WHEREAS, the City prepared an Environmental Impact Report ("EIR") to identify the <br />potential environmental impacts of the Bay Fair TOD Specific Plan; and <br />WHEREAS, on February 20, 2018, the City Council adopted Resolution No. 2018-008 <br />certifying a Final Environment Impact Report (the "EIR") entitled, "Bay Fair Transit Oriented <br />Development (TOD) Specific Plan Environmental Impact Report SCH#2017032016" and <br />adopting a Mitigation Monitoring and Report Program for the Specific Plan; and <br />WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code <br />Section 21000, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR <br />has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead <br />agency determines, on the basis of substantial evidence in light of the whole record, that one or <br />more of 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 of the previous EIR due to the involvement <br />RESOLUTION NO. 2020-149 2 <br />