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File Number: 21-339 <br />development agreement may be extended for the period of time provided by the development <br />agreement, but not beyond the duration of the development agreement. The proposed <br />amendment to the Development Agreement to exercise the five (5) year extension to the term of <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 />PLANNING COMMISSION ACTION <br />Pursuant to Development Agreement section 1.3.2, the Planning Commission must approve the <br />five-year extension to the life of the Development Agreement. <br />Staff recommends that the Planning Commission Adopt Resolution 2021-006. <br />Note that there are two other proposed amendments not being considered by the Planning <br />Commission: 1) to modify the Development Agreement to conversion to a for-sale condominium <br />project; and 2) to incorporate the City’s Inclusionary Housing Ordinance into the Development <br />Agreement. These provisions do not require Planning Commission review or recommendation <br />before going to the City Council for approval. <br />ENVIRONMENTAL REVIEW <br />The proposed ordinance to approve the first amendment to the Development Agreement is <br />exempt from the requirements of the California Environmental Quality Act (CEQA) under Section <br />15061(b)(3) State CEQA Guidelines because it can be seen with certainty that there is no <br />possibility that the amendment may have a significant effect on the environment. Further, in 2011 <br />the City prepared an Initial Study, a Mitigated Negative Declaration and a Mitigation Monitoring <br />Reporting Program consistent with the CEQA, Public Resources Code, Sections 21000, et seq. <br />and CEQA Guidelines, which was approved by City Council on November 21, 2011 by <br />Resolution No. 2011-192. <br />PUBLIC OUTREACH <br />This item received standard noticing for the July 1, 2021 Planning Commission hearing, including <br />a legal advertisement in the East Bay Times Daily Review newspaper, the posting of notices at <br />City Hall and on the property, and mailing notification to property owners within 500 feet of the <br />subject property. <br />LEGAL ANALYSIS <br />The City Attorney’s Office drafted the proposed resolution and proposed First Amendment to the <br />Development Agreement. The legal discussion can be found in the narrative above. <br />ATTACHMENT(S) <br />- 2012 Development Agreement <br />Page 3 City of San Leandro Printed on 7/7/2021 <br />101