Reso 2022-085 Approving Third Addendum and Planning Entitlements

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WHEREAS, the Project will also make housing in -lieu fee payments totaling over $2,000,000.00 for the multi -family residential portion of the project, which will significantly increase the City's Affordable Housing Trust Fund such that the City will be able to leverage such funding for future affordable housing projects; and WHEREAS, approval of the Planned Development Project and Site Plan Review will allow the City to lease and sell portions of the Property as required by the DDA and allow Applicant to commence development of the Project; and WHEREAS, on July 20, 2015, the City Council previously adopted Resolution No. 2015-125 certifying an environmental impact report for the Project entitled, "San Leandro Shoreline Development Project EIR (SCH # 2013072011)," and adopting a Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council approved an addendum to the San Leandro Shoreline Development Project EIR on February 24, 2020 (the "First Addendum"); and WHEREAS, the City Council approved a second addendum to the San Leandro Shoreline Development Project EIR on May 16, 2022 (the "Second Addendum"); and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the State CEQA Guidelines Section 15162 require that when an EIR has been certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with exercise of reasonable diligence at the time the previous EIR was certified as complete shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the RESOLUTION NO. 2022-085 3