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File Number: 21-398 <br />substantial sources of formaldehyde emissions from the Project have not been identified. <br />Board of Zoning Adjustments Decision <br />The Board of Zoning Adjustments approved the Project (PLN18-0036) and environmental <br />determination with conditions on May 6, 2021 under Resolution No. 2021-003 by a 4-3 decision. <br />The motion to approve from Board Member Breslin and seconded by Member Santos included a <br />condition of approval that the Project utilize electric heating, ventilation and air conditioning <br />(HVAC), that the project utilize solar panels, and that the number of inclusionary housing units be <br />increased from five (5) to ten (10). The Project’s public hearing had 11 public speakers and 4 <br />written comments. <br />Environmental Review <br />An Infill Checklist was prepared for the Project in accordance with Public Resources Code <br />Section 21094.5 and the CEQA Guidelines, California Code of Regulations Section 15183.3 and <br />Appendices M and N. The Infill Checklist tiers off the 2035 General Plan Update Environmental <br />Impact Report (2016). This prior EIR was prepared as part of enacting the City’s General Plan <br />Update and zoning code which implemented the Downtown Transit-Oriented Development (TOD) <br />Strategy (CEQA Guidelines 15183.3). This Infill Checklist demonstrates that any significant <br />effects from the Callan & East 14th Street Project were analyzed in the prior EIR or would be <br />substantially mitigated by the City’s uniformly applicable development policies. The Infill Checklist <br />also incorporates information from the Downtown TOD EIR (2007), which also qualifies as a prior <br />EIR. Based on these determinations, the Board of Zoning Adjustments found that no additional <br />environmental review was required under CEQA for the Project as an infill project. Subsequently, <br />a Notice of Determination (NOD) was filed with the Alameda County Recorder’s Office on May <br />13, 2021, prior to the filing and receipt of the two Appeals to City Council. <br />Errata <br />The Infill Checklist contains an error in the Project Description, Section 3.4.6, which states “The <br />proposed project would have a density of 123 units/acre and floor area ratio (FAR) of 3.17”, but <br />on the next page in Table 3-4, the Proposed Project FAR is correctly listed as 2.79. <br />Summary of Public Outreach Efforts <br /> <br />The City Council appeal hearing on July 6, 2021 was noticed in the same manner as the prior <br />BZA public hearing held on May 6, 2021, including a legal advertisement in the East Bay Times - <br />Daily Review newspaper, the posting of a hearing notice on the subject property, and mailing <br />notifications to property owners and businesses within a 500-foot radius of the subject property. <br />No public comments were received regarding the appeal prior to the filing of this report. <br /> <br />Fiscal Impacts <br /> <br />Both Appellants paid a fixed filing fee for this appeal in accord with the City’s adopted Fee <br />Schedule. Although the Project Applicant did not file an Appeal, they are responsible for any fiscal <br />impacts associated with the outcome of this decision as noted in their signed Agreement for <br />Page 6 City of San Leandro Printed on 7/1/2021 <br />56