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File Number: 21-342 made part of Applicant’s application to modify the Development Agreement; and WHEREAS, City has given the required notice of its intention to adopt the First Amendment and has conducted a public hearing thereon pursuant to Government Code Sections 65867 and 65868; and WHEREAS, the proposed First Amendment is consistent with the approved subdivision and City requirements and does not alter the design or layout of the subdivision or result in any land use changes to the subdivision; and WHEREAS, the Planning Commission, pursuant to the requirements of Development Agreement Section 1.3.2, reviewed and approved the staff report and resolution, and recommended approval of the five (5) year term extension on July 1, 2021; and WHEREAS, the City Council reviewed the staff report, the First Amendment to the Development Agreement, and the Initial Study prepared pursuant to CEQA at a noticed public hearing on September 7, 2021 at which time all interested parties had the opportunity to be heard. NOW, THEREFORE THE CITY OF SAN LEANDRO CITY COUNCIL ORDAINS as follows: Section 1. The foregoing recitals are true and correct and made part of this Ordinance. This Ordinance incorporates, and by this reference makes a part hereof, the First Amendment to the Development Agreement attached hereto as Exhibit A. Section 2. The City Council reviewed and considered the draft First Amendment to the Development Agreement, the Initial Study and Mitigated Negative Declaration prepared pursuant to CEQA in 2011 and the CEQA exemption, comments received during the public review period, and the City’s written responses to comments prior to acting on the Project. Section 3. On the basis of the whole record before it, the City Council finds there is no substantial evidence that the First Amendment to the Development Agreement will have a significant effect on the environment beyond those identified by the Initial Study and Mitigated Negative Declaration, approved by the City Council on November 21, 2011 by Resolution No. 2011-192 and is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) State CEQA Guidelines. The City Clerk is hereby authorized and directed to file a Notice of Exemption from CEQA with the County of Alameda within five days from the date of this Ordinance. Section 4. The First Amendment to the Development Agreement is drafted in compliance with the requirements of the Development Agreement, the Subdivision Map Act, California Government Code Section 65580, et seq., San Leandro Zoning Code Chapter 6.04, and all other applicable federal, state, and local laws. Section 5. The First Amendment to the Development Agreement is consistent with the City General Plan. Page 3 City of San Leandro Printed on 9/2/2021 109