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May 19, 2021 <br />Page 2 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br /> <br />1. PC-BZA’s May 6, 2021 approval of Staff’s environmental determination <br />and approval of the CEQA Findings of Fact and Determinations for <br />Approval of PLN18-0036 for the Project. <br />2. PC-BZA’s May 6, 2021 related approval of the Project, including adoption <br />of Resolution 2021-002, approval of a Conditional Use Permit (“CUP”), <br />Site Plan Review for PLN18-0036, and Parking Exception, subject to the <br />condition that the Project include solar panels, electric HVAC instead of <br />gas, and ten inclusionary housing units instead of five units. <br />3. Any and all other May 6, 2021 actions taken by the PC-BZA to approve <br />the Project.3 <br /> <br />The Project, proposed by 14th & Callan Street Developer LLC (“Applicant”), <br />includes the development of a 196-unit five-story mixed-use residential development <br />with an approximately 23,000 square foot (“SF”) supermarket and an approximately <br />5,600 SF ground floor retail space with 286-space parking garage located on the 1.6- <br />acre site. The Project is located in the DA-1(S), Downtown Area 1 (Special Policy <br />Area 3) zoning district. The Applicant originally proposed to provide five units of <br />inclusionary housing. However, at the May 6, 2021 hearing, the Board of Zoning <br />Adjustments (“Board”) required that an additional five units of inclusionary housing <br />be added to the Project. <br /> <br />This Appeal letter, and Resident’s attached May 6, 2021 comments to the <br />Board (“Comments”) demonstrate that the Board’s decision to approve the Project <br />violated CEQA, zoning laws and the City’s municipal codes, and was not supported <br />by substantial evidence in the record. Specifically, our prior comments, as well as <br />the comments of local residents and members of the public that were submitted to <br />the Board, identified several flaws in the City’s environmental analysis, and <br />provided new information and substantial evidence demonstrating that the Project <br />will have new and more significant impacts than previously analyzed in the City’s <br />2035 General Plan Update Final Environmental Impact Report (“General Plan <br />EIR”) and the 2007 Downtown San Leandro Transit-Oriented Development <br />Strategy EIR (“TOD EIR”) and the San Leandro General Plan, and that these <br />impacts will not be substantially mitigated by the Uniformly Applicable <br /> <br />3 The PC-BZA’s May 6, 2021 actions related to the Project were identified as Agenda Items 6.C and <br />6.D on the PC-BZA hearing agenda. <br />61