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RESOLUTION 2022-005 of the Board of Zoning Adjustments approving a Conditional Use Permit, Site Plan Review Permit and Height Exception for 1919 Williams Street.
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WHEREAS, Tyneise Beyer, HPA Architecture (“Applicant”), on behalf of Duke Realty 1919 Williams LP ("Property Owner”), submitted an application for a Conditional Use Permit, Site Plan Review Permit and a Height Exception to demolish an existing one-story industrial warehouse and construct a two-story, 47’-6” tall, 221,495 square-foot industrial warehouse comprising 4,200 square feet of office space on the ground floor and 3,400 square feet of office space on the second floor and associated site, circulation, parking, and landscaping improvements on a 9.8-acre site located at 1919 Williams Street, zoned IG Industrial General, (PLN20-0044) ("Project"); and
WHEREAS, the subject site at 1919 Williams Street (“Property”) consists of a 9.8 acre industrial parcel that contains an industrial warehouse and offices; and
WHEREAS, the Property is zoned IG Industrial General and has a General Plan land use designation of Industrial General; and
WHEREAS, a Conditional Use Permit is required for a new building of any size on the subject Property which is zoned IG Industrial General as per Section 2.12.200 of the San Leandro Zoning Code; and
WHEREAS, the Republic Supply Company of California, an industrial parts warehouse and distribution business, was established on the Property in 1952 and the land use continued with subsequent businesses over time; and
WHEREAS, the Conditional Use Permit enables the continued use of warehousing and distribution on the Property; and
WHEREAS, a Site Plan Review Permit is required for any industrial development that requires a Conditional Use Permit approval and is required for the development of new structures greater in size than 5,000 square feet in Industrial Districts as per Section 5.12.104 of the San Leandro Zoning Code; and
WHEREAS, a Height Exception is required for any structures in the IG Industrial General zoning district for structures above 35 feet as per Section 2.12.312 of the San Leandro Zoning Code; and
WHEREAS, the Property was evaluated for potential historic significance and the existing building was found eligible to qualify for listing in the California Register of Historical Resources; and
WHEREAS, in accord with the San Leandro Municipal Code, the Project was referred to the Library-Historical Commission for review prior to consideration before the Board of Zoning Adjustments, the decision making body; and
WHEREAS, the Library-Historical Commission held a duly noticed public hearing on January 19, 2022, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Library-Historical Commission voted unanimously to accept the “Historic Resources Evaluation” completed in April 2021 by MacRostie Historic Advisors, LLC, incorporated herein by reference, including certain measures to address the identified historic resource; and
WHEREAS, the City determined that an Environmental Impact Report (“EIR”) would be prepared for the Project and circulated a Notice of Preparation (“NOP”) dated August 27, 2021 to public agencies and interested parties, posted in the East Bay Times Daily Review newspaper and made available for review on the City’s website and at City Hall for consultation on the scope of the EIR; and
WHEREAS, based on the project description and responses to the NOP, the City prepared a Draft EIR dated March 1, 2022 (SCH No. 2021080547), incorporated herein by reference, which reflected the independent judgment of the City as to the potential environmental effects of the Project. The City circulated a Notice of Availability (“NOA”) and the Draft EIR for a 30-day public review period, from March 1, 2022 to March 31, 2022. The Draft EIR was distributed to local, regional, and State agencies and made available for review on the City’s website and at City Hall; and
WHEREAS, the City received comment letters in response to the Notice of Availability from two interested organizations during the public review period. In accordance with CEQA, the City prepared written responses to all the comments received during the public review period. The City prepared a Final EIR dated May 26, 2022, incorporated herein by reference. The Final EIR included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft EIR. The responses to comments provide the City’s good faith, reasoned analysis of the environmental issues raised by the comments; and
WHEREAS, the Board of Zoning Adjustments held a duly noticed public hearing regarding the proposed Project on June 2, 2022, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Board of Zoning Adjustments fully considered the Project application and entitlements, applicant's statements, staff report, supporting technical studies, the Historic Resources Evaluation, findings of fact, alternatives, the Draft and Final EIR, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; and
WHEREAS, the Board of Zoning Adjustments finds that the proposed Project does satisfy the requisite findings of fact necessary for approval as further explained in the staff report and the findings of fact associated with this Resolution, as identified in “Exhibit A” attached to this Resolution; and
WHEREAS, following the public hearing, the Board of Zoning Adjustments adopted Resolution 2022-004, dated June 2, 2022 and incorporated herein by reference, certifying the EIR and adopting the required CEQA findings regarding mitigations and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program; and
WHEREAS, the Board of Zoning Adjustments finds that the staff report, Environmental Impact Report, and standards for approval reflects the City’s independent judgement and analysis of the Project; and
WHEREAS, the City’s General Plan, Zoning Code and Municipal Code are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website.
NOW, THEREFORE IT IS RESOLVED THAT: The forgoing recitals are true and correct and made part of this resolution.
BE IT FURTHER RESOLVED THAT: The Board of Zoning Adjustments of the City of San Leandro does hereby make the following findings and determinations regarding the proposed Project:
1. The Board of Zoning Adjustments of the City of San Leandro does hereby make the necessary findings and determinations required by Sections 5.08.124 and 5.12.124 of the City of San Leandro Zoning Code to approve a Conditional Use Permit, Site Plan Review Permit and Height Exception, as further explained in the staff report and findings of fact for approval as set forth in “Exhibit A” attached hereto and incorporated herein by this reference.
2. Based on the findings and determinations, the Board of Zoning Adjustments of the City of San Leandro does hereby approve a Conditional Use Permit, Site Plan Review Permit and Height Exception (PLN20-0044) located at 1919 Williams Street subject to the Conditions of Approval, as further set forth in “Exhibit B” attached hereto and incorporated herein by this reference.