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File Number: 21-342 <br />on January 4, 2022, and which may be extended by one five (5) year term upon approval by the <br />City of San Leandro Planning Commission; and <br />WHEREAS, though the Project as currently approved includes a Vesting Tentative Tract Map <br />for condominium purposes, allowing for the sale of individual units, the Project was originally <br />contemplated as a rental project. As such, Section 2.10 of the Development Agreement <br />precludes Project units from being offered for sale during the term of the Development <br />Agreement; and <br />WHEREAS, the Applicant on January 11, 2021 submitted an application to amend the <br />Development Agreement in two ways: to exercise the five (5) year term extension, and to modify <br />the Development Agreement by deleting Section 2.10 to allow the Project to be operated as a <br />rental and/or for sale project; and <br />WHEREAS, the Vesting Tentative Map prepared for the Project has a lifespan dependent on <br />the Development Agreement and remains viable throughout the initial term and five (5) year <br />extension of the term of the Development Agreement; and <br />WHEREAS, City prepared an Initial Study, Mitigated Negative Declaration and a Mitigation <br />Monitoring Reporting Program consistent with the California Environmental Quality Act, Public <br />Resources Code, Sections 21000, et seq. (CEQA) and CEQA Guidelines, approved by the City <br />Council on November 21, 2011 by Resolution No. 2011-192; and <br />WHEREAS, the First Amendment to the Development Agreement is exempt from the <br />requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) <br />State CEQA Guidelines; and <br />WHEREAS, subsequent to the date of the Development Agreement, and due to a change in <br />state law the City’s Inclusionary Housing Ordinance became enforceable, San Leandro Zoning <br />Code Section 6.04.100, et seq., and California Government Code Section 65580, et seq., in the <br />development of new housing projects, which provides that for new rental housing development, <br />fifteen percent (15%) of the Base Units be reserved as affordable housing (the “Inclusionary <br />Units”). Sixty Percent (60%) of the Inclusionary Units must be reserved for occupancy by <br />Very-Low Income Households, and Forty percent (40%) of the Inclusionary Units must be <br />reserved for occupancy by Low-Income Households. The Inclusionary Housing Ordinance <br />requires that for new for sale or ownership housing development, fifteen percent (15%) of the <br />Base Units be reserved as affordable housing (the “Inclusionary Units”). Sixty Percent (60%) of <br />the Inclusionary Units must be reserved for occupancy by Moderate Income Households, and <br />Forty percent (40%) of the Inclusionary Units must be reserved for occupancy by Low-Income <br />Households; and <br />WHEREAS, Section 2.4.2(c) of the Development Agreement provides that in the event that <br />“Future Rules” are adopted by the City after the effective date of the Development Agreement, <br />such Future Rules shall apply to the Project upon the written consent of the Applicant; and <br />WHEREAS, the Applicant is willing to consent to the application of the changes in the <br />Inclusionary Housing Ordinance to the Project, and the inclusionary housing requirements are also <br />Page 2 City of San Leandro Printed on 9/2/2021 <br />108