Ord 2021-010 2436 - 2460 Washington Ave Dev Agmt

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WHEREAS, the Vesting Tentative Map prepared for the Project has a lifespan dependent on the Development Agreement and remains viable throughout the initial term and five (5) year extension of the term of the Development Agreement; and WHEREAS, City prepared an Initial Study, Mitigated Negative Declaration and a Mitigation Monitoring Reporting Program consistent with the California Environmental Quality Act, Public Resources Code, Sections 21000, et seq. (CEQA) and CEQA Guidelines, approved by the City Council on November 21, 2011 by Resolution No. 2011-192; and WHEREAS, the First Amendment to the Development Agreement is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) State CEQA Guidelines; and WHEREAS, subsequent to the date of the Development Agreement, and due to a change in state law the City's Inclusionary Housing Ordinance became enforceable, San Leandro Zoning Code Section 6.04.100, et seq., and California Government Code Section 65580, et seq., in the development of new housing projects, which provides that for new rental housing development, fifteen percent (15%) of the Base Units be reserved as affordable housing (the "Inclusionary Units"). Sixty Percent (60%) of the Inclusionary Units must be reserved for occupancy by Very - Low Income Households, and Forty percent (40%) of the Inclusionary Units must be reserved for occupancy by Low -Income Households. The Inclusionary Housing Ordinance requires that for new for sale or ownership housing development, fifteen percent (15%) of the Base Units be reserved as affordable housing (the "Inclusionary Units"). Sixty Percent (60%) of the Inclusionary Units must be reserved for occupancy by Moderate Income Households, and Forty percent (40%) of the Inclusionary Units must be reserved for occupancy by Low -Income Households; and WHEREAS, Section 2.4.2(c) of the Development Agreement provides that in the event that "Future Rules" are adopted by the City after the effective date of the Development Agreement, such Future Rules shall apply to the Project upon the written consent of the Applicant; and WHEREAS, the Applicant is willing to consent to the application of the changes in the Inclusionary Housing Ordinance to the Project, and the inclusionary housing requirements are also 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 ORDINANCE NO. 2021-010 2