Ord 2023-012 Ord 2022- PLN21-0031 Rezoning

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2023-012 ORDINANCE TO ADOPT A ZONING MAP AMENDMENT TO REZONE A 3.45-ACRE SITE LOCATED AT 14143-14273 WASHINGTON AVENUE FROM COMMERCIAL COMMUNITY WITH AN ASSEMBLY USE OVERLAY (CC(AU)) TO INDUSTRIAL GENERAL (IG) (PLN21-0031) WHEREAS, Richard Poolis, on behalf of First Industrial Realty Trust ("Applicant" and "Property Owner") submitted an application, PLN21-0031 ("Project"), for a Zoning Map Amendment, Site Plan Review, Conditional Use Permit, and Administrative Exception (Height) to facilitate the construction and operation of a one-story, 47 feet tall, approximately 52,269 square -foot speculative warehouse structure, with up to 5,000 square -feet of office space, and associated site improvements and landscaping, on a vacant 3.45-acre property located at 14143-14273 Washington Avenue (APNs: 7713-1222-3-3, -4-3, -5-3, and 77B-1222-6-15, -6-17, -6-18, and -6-19) ("Property"); and WHEREAS, the Property is zoned Commercial Community with an Assembly Use Overlay (CC(AU)) and has a General Plan land use designation of Industrial -Transition; and WHEREAS, the applicant has requested approval of a Zoning Map Amendment to change the zoning of the Property from CC(AU) to IG; and WHEREAS, the IG zoning district is identified in the General Plan Land Use Element as a "conditionally compatible" zoning designation with the Industrial -Transition General Plan Land Use designation; and WHEREAS, the General Plan Land Use Element provides for property to be rezoned to a conditionally compatible zoning district when findings can be made that the types of development that would be allowed is consistent the underlying General Plan land use designation; and WHEREAS, the City prepared an Initial Study and draft Mitigated Negative Declaration ("IS/MND") for the Project pursuant to the provisions of the California Environmental Quality Act (CEQA), incorporated herein by reference, which reflected the independent judgment of the City as to the potential environmental effects of the Project; and WHEREAS, the IS/MND concluded that the project would not result in any significant impacts with the incorporation of mitigation measures; and WHEREAS, the City prepared and circulated a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) for the project in accordance with the requirements of CEQA and provided a public review and comment period between October 6, 2023 and October 27, 2023; and WHEREAS, the NOI was mailed to owners and occupants of real property adjacent to the project site and to individuals and/or organizations who had previously requested such notice, posted at the Alameda County Clerk's Office, and on -site at the Property, for the duration of the public review period; and