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File Number: 21-398 <br />The 1188 E. 14th St. Project reflects the culmination of over a decade of planning efforts <br />originating from the Downtown San Leandro Transit-Oriented Development Strategy adopted in <br />2007. The Project fully conforms to the General Plan, Special Policy Area 3 Zoning Overlay, the <br />Zoning Code, the Downtown TOD Strategy’s development criteria, the Downtown Design <br />Guidelines, and the strategies identified in Plan Bay Area 2040. <br />Further background summarizing the 1188 E. 14th St. Project, the environmental determination, <br />supporting technical information, conditions of approval and findings of fact can be found in the <br />Board of Zoning Adjustments’ May 6, 2021 agenda packet. Zoning Code Section 5.20.116 <br />specifies that the scope of the City Council’s decision is limited to the same application, plans, <br />and related project materials that were the subject of the original decision and only the issue(s) <br />raised by the appeal. <br />The two appeals were filed in a timely manner within the 15-day appeal window specified in <br />Zoning Code Section 5.20.108. Accommodations were provided to the Appellants to receive <br />their documentation and for Appellants to pay their appeal fees due to the COVID-19 emergency <br />closure of City Hall at the time of filing. Both appeals have been attached to this report. <br />Analysis <br />Appeal filed by East Bay Residents for Responsible Development <br />This Appellant has filed an appeal under the premise that the Project includes new and more <br />significant effects that were not addressed in prior environmental reviews, that uniformly <br />applicable development policies do not mitigate such effects, and that additional review is <br />required. The 125-page appeal covers a number of claims which are summarized and refuted in <br />order here. <br />Applicant’s Rebuttal Statement <br />In response to the Appeal filed by the East Bay Residents for Responsible Development, the <br />Applicant submitted a letter report prepared by Trinity Consultants dated June 21, 2021 with <br />supporting data (attached). The letter reviews and rebuts the Appellant’s claims related to air <br />quality, health risk impacts and greenhouse gas emissions. In their review and response, Trinity <br />finds no new information which meets the substantial evidence test to require additional analysis <br />through an EIR. Trinity further finds there is legally sufficient substantial evidence provided in the <br />Infill Environmental Checklist, as supported by the Air Quality Technical Report, its supporting <br />references, and review of its emissions workbook to meet CEQA Guidelines requirements as <br />supported by case law. Staff concurs with Trinity Consultants’ analysis, assessments, and <br />conclusions. <br />Housing Impacts <br />The Zoning Code contains provisions that enable the Board of Zoning Adjustments to consider <br />and approve alternative inclusionary housing proposals from developers. Following its review of <br />the Project, the BZA further strengthened and approved the Project’s alternative inclusionary <br />Page 2 City of San Leandro Printed on 7/1/2021 <br />52