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City of San Leandro <br />City Council <br />Meeting Date: May 1, 2023 <br />Agenda Number: 12.a. <br />Agenda Section: PUBLIC HEARINGS <br />File Number: 23-164 <br />File Type: Staff Report <br />First Reading and Consideration of an Ordinance to Amend Zoning Code Section 1.12.108, Definitions, <br />and Section 2.10.200, Use Regulations (Bay Fair TOD District), to Update the Definition of Research <br />and Development Services and Reclassify it from a Conditional Use to a Permitted Use in the Bay Fair <br />TOD District <br />COUNCIL PRIORITY <br />·Community & Business Development <br />SUMMARY AND RECOMMENDATIONS <br />The 2018 Bay Fair TOD Specific Plan establishes a vision to transform the 154-acre area <br />surrounding Bay Fair BART station into a vibrant, mixed -use Transit Oriented Development <br />(TOD). Staff is proposing minor Zoning Code amendments to allow Research and Development <br />Services as a permitted use in the Bay Fair TOD (B-TOD) Zoning District, removing barriers to <br />investment in the B-TOD District and incentivizing job creation. <br />Staff recommends that the City Council introduce an Ordinance to amend Zoning Code Section <br />1.12.108, Definitions, to update the Definition of “Research and Development Services” and <br />Section 2.10.200, Use Regulations (Bay Fair TOD District), to reclassify Research & <br />Development Services from a Conditional Use to a Permitted Use. <br />The Planning Commission reviewed this item at a public hearing on April 6, 2023 and <br />recommended approval on a 5-1-1 vote with one recusal and one absence. <br />BACKGROUND <br />The Bay Fair TOD Specific Plan (Specific Plan) and implementing Bay Fair TOD (B-TOD) Zoning <br />promote the long-term sustainability and vibrancy of the Bay Fair area by: <br />·Addressing long-term changes in market trends affecting retail and regional malls; <br />·Addressing barriers and streamlining the development review process to attract private <br />investment; <br />·Providing greater access to public funding targeted to TOD areas, including One Bay Area <br />Grant (OBAG) funds; and <br />·Addressing displacement pressures and providing protections for existing naturally <br />occurring affordable housing at mobile home parks in the plan area. <br />Since the Specific Plan and B-TOD Zoning were adopted, market conditions have changed <br />resulting in less demand for Class A office space and greater demand for flexible spaces that can <br />be used for research and development purposes. To stay competitive and remove barriers to <br />Page 1 City of San Leandro Printed on 4/26/2023