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Packet 01042022
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9/29/2025 8:56:26 AM
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6/9/2022 12:54:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/4/2022
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PERM
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Ord 2022-001 ZONING CODE SECTION 4.04.336, MULTI-FAMILY AND MIXED-USE RESIDENTIAL DEV
(Amended)
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\City Clerk\City Council\Ordinances\2022
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City of San Leandro <br />A-86 <br />1. That the proposed location of the use is in accord with the objectives of this Code and the <br />purposes of the district in which the site is located; <br />2. That the proposed location of the use and the proposed conditions under which it would <br />be operated or maintained will be consistent with the General Plan; will not be detrimental <br />to the public health, safety or welfare of persons residing, or working in, or adjacent to, the <br />neighborhood of such use; and will not be detrimental to properties or improvements in <br />the vicinity, or to the general welfare of the City; <br />3. That the proposed use will comply with the provisions of this Code, including any specific <br />condition required for the proposed use in the district in which it would be located; and <br />4. That the proposed use will not create adverse impacts on traffic or create demands <br />exceeding the capacity of public services and facilities, which cannot be mitigated. <br />B. For Variances. <br />1. That because of special circumstances or conditions applicable to the subject property, <br />including narrowness and shallowness or shape, exceptional topography, or the <br />extraordinary or exceptional situations or conditions, strict application of the requirements <br />of this chapter would result in peculiar and exceptional difficulties to, or exceptional and/or <br />undue hardships upon, the owner of the property; <br />2. That the relief may be granted without substantial detriment to the public good, without <br />substantial impairment of affected natural resources, and without significant detriment or <br />injury to property or improvements in the vicinity of the development site or to the public <br />health, safety or general welfare; and <br />3. That granting the application is consistent with the purposes of this Code and will not <br />constitute a grant of special privilege inconsistent with limitations on other properties in <br />the vicinity and in the same zoning district. <br />4. OS District Only. That granting the application is consistent with the requirements of <br />Section 65911 of the Government Code and will not conflict with General Plan policy <br />governing orderly growth and development and the preservation and conservation of open- <br />space land. <br />C. Mandatory Denial. Failure to make all the required findings under Subsections A or B shall require <br />denial of the application for a use permit or variance. <br />5.08.128 Conditions of Approval <br />In approving a use permit or variance reasonable conditions may be imposed as necessary to: <br />A. Achieve the general purposes of this Code or the specific purposes of the zoning district in which <br />the site is located or to make it consistent with the General Plan; <br />B. Protect the public health, safety, and general welfare; <br />267
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