Ord 2021-010 2436 - 2460 Washington Ave Dev Agmt

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO.2021-010 ORDINANCE OF THE CITY OF SAN LEANDRO CITY COUNCIL APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RESIDENTIAL DEVELOPMENT PROJECT LOCATED AT 2436 WASHINGTON AVENUE — 2450 WASHINGTON AVENUE DEVELOPMENT PROJECT, APN 077D- 1410-025-00, PLN20009-00006 AND PLN21-0001 WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864, et seq. (the "Development Agreement Statute"), which authorizes cities to enter into agreements for the development of real property with any person having legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, William Mathew Brooks, of Wm. Mathews, Inc. (the "Applicant") submitted applications for a two-story 66-unit residential development project (PLN2009-00006) (the "Project") consisting of 48 two -bedroom units and 18 one -bedroom units, with a proposed density of 23.2 dwelling units per acre, to be located on an approximately 2.85-acre site at 2436 Washington Avenue, commonly known as the 2450 Washington Avenue Development Project, known as Assessor's Parcel Number 077D-1410-25-00 (the "Property"); and WHEREAS, the City Council on November 21, 2011 had a first reading to approve the Project, and subsequently on December 5, 2011 approved the Project, adopted the Initial Study and Mitigated Negative Declaration and Mitigation Monitoring Reporting Program associated with the Project, along with the Vesting Tentative Map, Tract 8003, a General Plan Map Amendment from Office to High Density Residential, a Rezone from P (AU) -Professional with Assembly Use Overlay to RM- I 800(PD)-Residential Multi -Family with Planned Development Overlay, a Development Agreement, and approved a Development Agreement for the Project; and WHEREAS, the Development Agreement has an initial term of ten (10) years, which expires on January 4, 2022, and which may be extended by one five (5) year term upon approval by the City of San Leandro Planning Commission; and WHEREAS, though the Project as currently approved includes a Vesting Tentative Tract Map for condominium purposes, allowing for the sale of individual units, the Project was originally contemplated as a rental project. As such, Section 2.10 of the Development Agreement precludes Project units from being offered for sale during the term of the Development Agreement; and WHEREAS, the Applicant on January 11, 2021 submitted an application to amend the Development Agreement in two ways: to exercise the five (5) year term extension, and to modify the Development Agreement by deleting Section 2.10 to allow the Project to be operated as a rental and/or for sale project; and