Laserfiche WebLink
File Number: 21-341 <br />the Development Agreement would extend the life of the Vesting Tentative Map to January 2027. <br />Currently, the Development Agreement is set to expire on January 4, 2022, which would also be <br />the time of expiration of the Vesting Tentative Map. In order to extend the time for this Project, <br />including the viability of the Vesting Tentative Map, the five (5) year extension must be exercised. <br />For Sale Addition <br />The Development Agreement contemplated the Project initially as an all rental project. Section <br />2.10 provides that the Applicant will not seek, and the City will not approve, an application to <br />convert the Project into any future subdivision of any or all individual buildings in the Project into <br />individual condominium units. The proposed amendment deletes Section 2.10, which would <br />allow more flexibility for the Applicant to determine based on market forces if rental or for sale <br />housing is more appropriate. <br />Inclusionary Housing Requirements <br />After the date of the Development Agreement, and due to a change in state law the City’s <br />Inclusionary Housing Ordinance, San Leandro Zoning Code Chapter 6.04 became enforceable, <br />to apply the inclusionary housing requirements to rental and for sale/ownership housing projects. <br />As provided by Development Agreement Section 2.4.2(c), in the event that “Future Rules” are <br />adopted by the City after the effective date of the Development Agreement, such Future Rules <br />shall apply to the Project upon the written consent of the Applicant. The Applicant is willing to <br />consent to the application of the Inclusionary Housing Ordinance, as it exists today, to the Project. <br />This will provide additional affordable housing to the community, while keeping intact the Project <br />as originally contemplated. The Inclusionary Housing Ordinance requires that for new rental <br />housing development, fifteen percent (15%) of the Base Units be reserved as affordable housing <br />(the “Inclusionary Units”). Sixty Percent (60%) of the Inclusionary Units must be reserved for <br />occupancy by Very-Low Income Households, and Forty percent (40%) of the Inclusionary Units <br />must be reserved for occupancy by Low-Income Households. The Inclusionary Housing Ordinance <br />requires that for new “for sale” housing developments, fifteen percent (15%) of the Base Units be <br />reserved as affordable housing (the “Inclusionary Units”). Sixty Percent (60%) of the Inclusionary <br />Units must be reserved for occupancy by Moderate Income Households, and Forty percent (40%) <br />of the Inclusionary Units must be reserved for occupancy by Low-Income Households. The <br />Inclusionary Units count towards Developer’s obligations under the State Density Bonus Law. <br />ENVIRONMENTAL REVIEW <br />The first amendment to the Development Agreement is exempt from the requirements of the <br />California Environmental Quality Act (CEQA) under Section 15061(b)(3) because it can be seen <br />with certainty that there is no possibility that the amendment may have a significant effect on the <br />environment. Furthermore, the City Council previously adopted a Mitigated Negative Declaration <br />for the Project on November 21, 2011 by Resolution No. 2011-192. <br />Board/Commission Review and Actions <br />The proposed ordinance exercising the five (5) year extension of the term of the Development <br />Agreement was presented to the Planning Commission for consideration on July 1, 2021, where <br />Page 3 City of San Leandro Printed on 9/2/2021 <br />58