Ord 2022-013 Residential Time Extension Second Reading

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WHEREAS, the San Leandro Zoning Code requires applicants to obtain permits to undertake new residential development projects, such as use permits, variances, and/or site development review; and WHEREAS, the San Leandro Zoning Code establishes various deadlines for applicants to perfect approved entitlements or the entitlements will expire; and WHEREAS, the disruptions and uncertainty caused by the COVID-19 Pandemic are significant and ongoing and have made it difficult for some applicants to exercise their entitlements; and WHEREAS, allowing entitlements to expire will result in those residential development projects ceasing and necessary residential units not being constructed; and WHEREAS, the City desires to automatically extend all entitlements for residential projects issued after January 1, 2019 for two (2) years in order to allow such projects to proceed and prevent the expiration of entitlements for critically needed housing units; and WHEREAS, San Leandro Zoning Code section 5.08.136 governs the expiration and extension of use permits and variances; and WHEREAS, San Leandro Zoning Code section 5.12.132 governs the expiration and extension of site plan review; and WHEREAS, the Planning Commission reviewed the proposed Ordinance at a noticed public hearing held on July 7, 2022 and, upon consideration of the staff report and providing opportunity for public comment, recommended City Council approval of the proposed Ordinance by a 5-0 decision with two commissioners absent; and NOW, THEREFORE, the City Council of the City of San Leandro hereby ORDAINS as follows: SECTION 1. RECITALS. The above recitals are true and correct and made a part of this ordinance. SECTION 2. AMENDMENTS TO THE ZONING CODE. The San Leandro Zoning Code is hereby amended to adopt Sections 5.08.136 and 5.12.132 as identified in attached "Exhibit A" and "Exhibit B" and incorporated herein by this reference. SECTION 3. FINDINGS. Based on the entirety of the record, the City Council hereby finds that the Zoning Code Amendments, as shown in the attached "Exhibit A" and "Exhibit B" incorporated herein by reference, are consistent with the 2035 General Plan adopted in September, 2016. The City Council further finds that consideration of the proposed Amendments complies with the notice and hearing provisions of the Zoning Code. SECTION 4. ENVIRONMENTAL REVIEW. Approval of the amendment is exempt from further environmental review under the general rule in California Environmental Quality Act ORDINANCE NO. 2022-013 2