Title
ADOPT: Ordinance No. 2012-010, an Ordinance Approving a Zoning Map and Text Amendment for the Establishment of a Planned District and the Approval of a Planned Development Permit for a 27,644 Square Foot Retail Project Located at 1550 East 14th Street (approves the rezoning and planned development of the Village Marketplace)
Staffreport
WHEREAS, Innisfree Ventures II, LLC (the “Applicant”) submitted several applications for the approval of two single-story retail buildings (the “Project”) at 1550 East 14th Street (the “Project Site”). The Applicant requested to rezone the subject property to a Planned District zoning designation, and for the approval of a Planned Development Permit (PLN2011-00039); and
WHEREAS, the Project has a total site area of 75,442 sq. ft. (1.73 acres) and consists of two single-story retail buildings, one of which would be a single tenant specialty grocery with 13,869 sq. ft. of retail area, and the other a multi-tenant retail building with a total of 13,795 sq. ft. of building area; and
WHEREAS, the Property is currently owned by the City of San Leandro (the “City”), acting as Successor Agency, and is used as a temporary parking lot while the downtown garage is being reconstructed. It was previously graded and developed with an Albertson’s grocery store, constructed prior to 1960, and an associated asphalt parking lot; and
WHEREAS, the Project Site has a General Plan designation of Downtown Mixed Use, which will remain the same; and
WHEREAS, the Project Site is currently zoned Downtown Area 1 (DA-1 (S)) with an S Overlay designation. The “S” Overlay designation was added by the City with the adoption of the City’s Transit Oriented Development (TOD) Strategy and serves as a way to implement certain specific policy areas in the TOD area. The Project Site is bounded by commercial businesses along East 14th Street and office buildings along the rear; and
WHEREAS, on April 19, 2012 the Planning Commission recommended that the Project Site be rezoned from Downtown Area 1 with an S overlay (DA-1(S)) to Planned District (PD), as shown in Exhibits A and B, incorporated herein by this reference; and
WHEREAS, the Project also requires a Planned Development Project Approval, pursuant to 3-1012 of the Zoning Code and satisfies all the requisite findings as further explained in the staff report; and
WHEREAS, the Project is categorically exempt from CEQA pursuant to Sections 21083 and 21084 of the Public Resources Code and Section 15332 of the CEQA Guidelines, which exempts infill development projects meeting specific criteria; and
WHEREAS, the City Council has reviewed the staff report and is of the opinion that the Categorical Exemption reflects the City’s independent judgment and analysis on the potential for environmental impacts from the Project; and
WHEREAS, upon approval of rezoning the underlying zone from DA-1(S) to PD”, with the existing General Plan Designation being “Downtown Mixed Use” (MUD), the Project, will comply with applicable General Plan policies and zoning requirements; and
WHEREAS, the final Zoning Map and Code amendments and the Planned Development Permit are incorporated herein by reference and are available for review at City Hall during normal business hours.
NOW, THEREFORE, the City Council of the City of San Leandro ordains as follows:
SECTION 1. Incorporation. The recitals above are true and correct and incorporated herein by this reference.
SECTION 2. Findings for Zoning Code Amendment. As required by State law and Section 3-1006 (Rezone to Authorize a Planned Development Designation) and Article 27 (Amendments) of the City Zoning Code, the City Council hereby finds:
A. The proposed Zoning Code amendment is consistent with the City’s General Plan, pursuant to Government Code section 65855 and Section 5-2708 of the Zoning Code. The proposed amendments are consistent with the following policies of the General Plan:
6.01 DOWNTOWN PLAN
In accordance with the adopted Downtown Plan and Urban Design Guidelines and the Downtown San Leandro Transit Oriented Development Strategy, ensure that new Downtown Development is attractive and creates an image conducive to revitalization.
6.02 RETAIL-SERVICE IMPROVEMENTS
Develop and implement business development strategies that improve the mix of retail and service businesses Downtown, with an emphasis on higher-end retail shops, sit-down restaurants, and entertainment uses.
6.05 PEDESTRIAN-FRIENDLY ENVIRONMENT
Provide public and private improvements that create a safe, friendly, and pleasurable environment for pedestrians in Downtown.
6.06 URBAN DESIGN
Promote quality Downtown architecture that is well articulated, enhances the pedestrian setting, preserves the City’s architectural heritage, and fits in with the scale and texture of existing historic structures. Discourage “franchise architecture” that will distract from creating a unique and distinctive Downtown setting.
8.05 NEIGHBORHOOD SHOPPING CENTERS
Promote reinvestment in the City’s viable neighborhood shopping centers, with an emphasis on new retail uses that serve the adjacent neighborhoods and contribute to the overall vitality of the centers.
8.09-C: EAST 14TH STREET ZONING CHANGES
Pursue Zoning Code changes along East 14th Street which enable the desired development pattern to be gradually achieved. Zoning for the East 14th Street corridor should provide incentives for mixed use development, such as density bonuses and allowances for shared parking.
B. The proposed Zoning Code amendment is internally consistent with the City’s Zoning Ordinance. The amendments meet the requirements and standards of the Zoning Ordinance and the procedural requirements of Article 27, “Amendments”.
C. The proposed amendments are reasonably related to the public health, safety, and welfare in that the amendments uphold the General Plan goals and policies that emphasize maintaining and improving the attractiveness of the City's neighborhoods.
SECTION 3. Adoption of Zoning Code Amendments. Based on the entirety of the record, as described above, the underlying zone of the Project Site is hereby amended from DA-1(S) to PD as set forth in Exhibits A and B, attached hereto and incorporated into this Ordinance by this reference.
SECTION 4. Findings for and Approval of Planned Development Project. The City Council does hereby make the findings and determinations required by Section 3-1014 (Planned Development Project Application) of the City Zoning Code regarding the Project, as further explained in the staff report, and hereby approves the Project subject to those certain development conditions, attached hereto and incorporated herein as Exhibit C.
SECTION 5. CEQA. The City Council does hereby make the finding that the Project is Categorically Exempt from CEQA pursuant to Sections 21083 and 21084 of the Public Resources Code and Section 15332 of the CEQA Guidelines: That the Project is a Class 32 project which consists of projects characterized as in-fill development meeting the conditions described in this section: (a) the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the Project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses: (c) the Project Site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the Project Site can be adequately served by all required utilities and public services.
The Project Site was formerly used as a grocery store (Lucky’s and Albertson’s). The structure that previously existed on the Project Site was larger than what is proposed with the Project and the retail use remains the same as the previous use.
The Project Site was subject to an Environmental Impact Report (EIR) that was approved by the San Leandro City Council in September of 2007 pursuant to Resolution 2007-111. The 2007 EIR looked at an intensity of development on the Project Site that is greater than the amount of development proposed for the Project and as such the Project would have fewer impacts than was studied in the adopted EIR. The 2007 EIR looked at the Project Site as a high density mixed use site with both retail and residential uses that would be developed with a lot coverage exceeding 50%.
SECTION 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause and phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 7. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after adoption and the title thereof shall be published once prior to adoption.
Introduced by Councilmember Starosciak on this 21st day of May, 2012, and passed to print by the following called vote:
Members of the Council:
AYES: Councilmembers Cutter, Gregory, Prola, Reed, Souza, Starosciak;
Mayor Cassidy (7)
NOES: None (0)
ABSENT: None (0)