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File Number: 21-339 <br />Mitigation Monitoring Reporting Program, to build a new residential development consisting of 66 <br />residential rental apartment units. <br />The approved Development Agreement has an initial ten (10) year term, expiring on January 4, <br />2022, which may be extended for one additional five (5) year term. This would extend the life of <br />the Development Agreement, as well as the Vesting Tentative Tract Map, to January 4, 2027. <br />The approved Development Agreement contemplated the Project initially as a rental housing <br />project, and Section 2.10 of the Development Agreement prohibits the Applicant from requesting <br />approval for conversion to a for-sale condominium project. This provision may only be amended <br />through approval by the City Council. <br />The Developer, William Mathew Brooks of Wm. Mathews, Inc. (the “Applicant”), submitted an <br />application to amend the Development Agreement in two respects: (1) to exercise the five (5) <br />year term extension; and (2) to modify the Development Agreement by deleting Section 2.10. <br />Pursuant to the Development Agreement, the Planning Commission must review the five-year <br />term extension amendment prior to City Council review and approval. <br />The subject site comprises of one parcel that is approximately 124,469 square feet (2.85 acres). <br />It is located on the east side of Washington Avenue at the north corner of San Leandro Boulevard. <br />Commercial and residential sites on Washington Avenue are developed with residential uses <br />including a mobile home park to the south and east (Trailer Haven and San Leandro Court), <br />single-family residential to the north (Sandpiper Condominiums), and auto oriented <br />commercial/industrial businesses to the west across Washington Avenue. The site was formerly <br />part of the Singer-Friden business machine, calculator, circuit board, cash register, and sewing <br />machine manufacturing plant from approximately 1968 to 1976. <br />The Applicant proposes to amend the Development Agreement previously approved by the City <br />Council on December 5, 2011 to exercise the five (5) year extension as allowed by Section 1.3.2 <br />of the Development Agreement, and to delete Section 2.10 prohibiting the Applicant from <br />requesting approval for conversion to a for-sale condominium project. The Planning Commission <br />is required to review the possible five year extension before this is brought before the City <br />Council. <br />Pursuant to Government Code Section 65868, a development agreement may be amended by <br />mutual consent of the parties to the agreement. Notice of intention to amend any portion of the <br />agreement shall be given in the manner provided by Government Code Section 65867, and an <br />amendment to an agreement shall be adopted by ordinance, and the City Council must find that <br />the amended Development Agreement is in compliance with the City General Plan, as required <br />by Government Code Section 65867.5. <br />ANALYSIS <br />Five (5) Year Extension and Vesting Tentative Map <br />The Vesting Tentative Map was approved and adopted by City Council in November 2011. <br />Government Code Section 66452.6 provides that a vesting tentative map on property subject to a <br />Page 2 City of San Leandro Printed on 7/7/2021 <br />100