5B Public Hearings 2021 0907 - Laserfiche WebLink

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File Number: 21-341 Agreement, as reflected in the proposed First Amendment to the Development Agreement. Staff further recommends amending the Development Agreement to extend the term by an additional five (5) years, to expire on January 4, 2027. Staff also recommends amending the Development Agreement to apply upon the Project the current requirements of the City’s Inclusionary Housing Ordinance (Zoning Code Section 6.04.100 et seq.). BACKGROUND and DISCUSSION The subject site comprises a ±124,469 square foot (2.85 acre) parcel located on the east side of Washington Avenue at the north corner of San Leandro Boulevard. Surrounding commercial and residential sites on Washington Avenue are developed with residential uses including a mobile home park to the south and east (Trailer Haven and San Leandro Court), single-family residential to the north (Sandpiper Condominiums), and automotive businesses to the west across Washington Avenue. The site was formerly part of the Singer-Friden business machine, calculator, circuit board, cash register, and sewing machine manufacturing plant from approximately 1968 to 1976. The Applicant proposes to amend the Development Agreement previously approved by the City Council on December 5, 2011 to exercise the five (5) year extension as allowed by Section 1.3.2 of the Development Agreement, and to delete Section 2.10 prohibiting the Applicant from requesting approval for conversion to a for-sale condominium project. Subsequent to the approval of the Development Agreement, and due to a change in state law, the City’s Inclusionary Housing Ordinance, San Leandro Zoning Code Chapter 6.04, became enforceable. Section 2.4.2(c) of the Development Agreement provides that in the event that “Future Rules” are adopted by the City after the effective date of the Development Agreement, such Future Rules shall apply to the Project upon the written consent of the Applicant. Pursuant to Government Code Section 65868, a development agreement may be amended by mutual consent of the parties to the agreement. Notice of intention to amend any portion of the agreement shall be given in the manner provided by Government Code Section 65867, and an amendment to an agreement shall be adopted by ordinance, and the City Council must find that the amended Development Agreement is in compliance with the City General Plan, as required by Government Code Section 65867.5. ANALYSIS Five (5) Year Extension and Vesting Tentative Map The Vesting Tentative Map was approved and adopted by City Council in November 2011. Government Code Section 66452.6 provides that a vesting tentative map on property subject to a development agreement may be extended for the period of time provided by the development agreement, but not beyond the duration of the development agreement. The proposed amendment to the Development Agreement to exercise the five (5) year extension to the term of Page 2 City of San Leandro Printed on 9/2/2021 57