IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO
RESOLUTION NO. 2024-XXX
RESOLUTION TO APPROVE VESTING TENTATIVE TRACT MAP 8643 TO ESTABLISH 148 PARCELS
EAST OF MONARCH BAY DRIVE BETWEEN MARINA BOULEVARD AND FAIRWAY DRIVE ON APPROXIMATELY 15.86 ACRES OF LAND FOR THE SHORELINE DEVELOPMENT PROJECT WHEREAS, Monarch Bay For Sale Residential, LLC is the legal entity formed by developer Cal Coast Companies LLC, Inc. for the purchase and development of approximately 15.86 acres east of Monarch Bay Drive between Marina Boulevard and Fairway Drive at 13800 Monarch Bay Drive, identified as Alameda County Assessor’s Parcel Numbers 79A-590-7 and 79A-590-8 (the “Single-Family Property”); and WHEREAS, the Single-Family Property is zoned RM-2000 (PD) and is designated RM, Medium Density Residential, in the General Plan; and
WHEREAS, on February 24, 2020, the City Council approved a Disposition and Development Agreement (“DDA”) with Cal Coast Companies LLC, Inc. for the Shoreline Development Project, that includes significant residential, commercial, and recreational development, and the City Council approved General Plan and Zoning Map Amendments necessary for the Shoreline Development Project (the “Shoreline Project”); and
WHEREAS, on June 21, 2022, the City Council adopted Resolution No. 2022-085 approving a Planned Development Project and Site Plan Review for the Private Elements of the Monarch Bay Shoreline Development (“2022 Entitlements”):
1. A 210-room hotel with an attached restaurant, a detached 16,024 square foot two story restaurant/banquet facility, a 2,500 square foot market/café, and associated parking located north of Mulford Point Drive and west of Monarch Bay Drive;
2. A 285-unit multi-family apartment complex with associated parking located south of Pescador Point Drive and west of Monarch Bay Drive;
3. A “for-sale” development of 144 detached single-family homes and 62 townhomes located on approximately 15.86 acres east of Monarch Bay Drive, south of Marina Boulevard, and north of Fairway Drive (“Single-Family Element”); and
4. Related site improvements.
WHEREAS, the City Council previously approved Parcel Map 11312 on September 6, 2022, which subdivided two City-owned parcels east of Monarch Bay Drive between Marina Boulevard and Fairway Drive to form 4 parcels, including the Single-Family Property, in order to facilitate the sale of the SingleFamily Property for construction of the Single-Family Element; and WHEREAS, the sale of the Single-Family Property to Monarch Bay For Sale Residential LLC, the legal entity formed by developer Cal Coast Companies LLC, Inc. for the purchase and development of DRAFT
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the Single-Family Element, closed and was completed on December 30, 2022; and WHEREAS, the proposed Vesting Tentative Tract Map 8643, identified as “Exhibit A” attached, would further subdivide the Single-Family Property into 148 parcels to facilitate future sale of singlefamily and townhome residential units (“Single-Family VTTM”); and WHEREAS, the proposed Single-Family Vesting Tentative Tract Map satisfies all applicable requirements of the San Leandro Zoning Code and City’s Subdivision Ordinance contained in San Leandro Municipal Code Chapter 7-1; and
WHEREAS, the development of the City’s Shoreline area and the planned Shoreline Project are addressed extensively in the San Leandro 2035 General Plan; and WHEREAS, the proposed Single-Family Vesting Tentative Tract Map is consistent with the San Leandro 2035 General Plan; and
WHEREAS, the proposed Single-Family Vesting Tentative Tract Map is necessary to implement the DDA, which includes the provision of significant community benefits, housing, commercial development, and parks and open space; and
WHEREAS, the proposed Single-Family Vesting Tentative Tract Map is a Subsequent Approval under the Development Agreement, which is a tool to implement the final policy decisions of the Shoreline Development Project Entitlements and is to be reviewed for substantial conformity with the vested project entitlements, applicable rules, and CEQA compliance; and WHEREAS, on July 20, 2015, the City Council previously adopted Resolution No. 2015-125 certifying an Environmental Impact Report for the Shoreline Project entitled, “San Leandro Shoreline Development Project EIR (SCH #2013072011)”, and adopting a Mitigation Monitoring and Reporting Program for the project, incorporated herein by this reference; and WHEREAS, the City Council approved an addendum to the San Leandro Shoreline Development Project EIR on February 24, 2020 (the “First Addendum”), incorporated herein by this reference; and WHEREAS, the City Council approved a second addendum to the San Leandro Shoreline Development Project EIR on May 16, 2022 (the “Second Addendum”); and WHEREAS, the City Council approved a third addendum to the San Leandro Shoreline Development Project EIR on June 21, 2022 (the “Third Addendum”); and WHEREAS, Single-Family Vesting Tentative Tract Map 8643 is consistent with the 2022 Entitlements evaluated by the Third Addendum, it will not have any significant new impacts or substantially increase previously identified significant impacts, and further documents that no new information of substantial importance was identified, and no new mitigation measures would be necessary to reduce significant impacts; and
WHEREAS, the Third Addendum to the EIR is dated May 2022 and is on file with the Community DRAFT
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Development Department at San Leandro City Hall located at 835 East 14th Street; and WHEREAS, the Planning Commission held a duly noticed public hearing regarding the proposed Single-Family Vesting Tentative Tract Map on October 3, 2024, and adopted a resolution recommending that City Council approve Vesting Tentative Tract Map 8643; and WHEREAS, on November 18, 2024, the City Council adopted a resolution making the following findings:
1. Pursuant to CEQA and the CEQA Guidelines, the City Council finds, on the basis of substantial evidence set forth in the record, including but not limited to, the EIR, the First Addendum, the Second Addendum, the Third Addendum and all related information presented to the City Council, that the environmental effects of the Vesting Tentative Tract Map 8643 and Shoreline Project were sufficiently analyzed.
The City Council further finds that none of the circumstances described in the CEQA Guidelines requiring preparation of a subsequent or supplemental EIR exist because the proposed Vesting Tentative Tract Map 8643:
• Will not result in substantial changes in the Shoreline Project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and • Will not result in substantial changes with respect to the circumstances under which the Shoreline Project is undertaken that would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and • Does not present new information of substantial importance that was not known and could not have been known with exercise of reasonable diligence at the time the EIR was certified showing any of the following:
a. That the proposed Shoreline Project would have one or more significant effects not discussed in the previous EIR;
b. That significant effects previously examined would be substantially more severe than shown in the previous EIR;
c. That mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the project proponents declined to adopt the mitigation measure or alternative; and d. That mitigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives.
2. Having considered the Third Addendum, the Second Addendum, the administrative record, the EIR, the First Addendum and all written and oral evidence presented to the City Council, DRAFT
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the City Council finds that all environmental impacts of the proposed Vesting Tentative Tract Map 8643 and Shoreline Project were addressed within the EIR, the First Addendum, the Second Addendum, and the Third Addendum. The City Council finds that no new or additional mitigation measures or alternatives are required. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Shoreline Project may result in any significant environmental impacts beyond those analyzed in the EIR.
The City Council finds that the Addendum contains a complete, objective, and accurate reporting of the environmental impacts associated with the Shoreline Project and reflects the independent judgment and analysis of the City Council; and WHEREAS, a staff report dated December 16, 2024, and incorporated herein by reference, described and analyzed the proposed Single-Family Vesting Tentative Tract Map 8643 and its consistency with the 2022 Entitlements; and
WHEREAS, the City Council held a duly noticed public hearing regarding the proposed SingleFamily Vesting Tentative Tract Map on December 16, 2024, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council fully considered the proposed Single-Family Vesting Tentative Tract Map application and entitlements, applicant's statements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; 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.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: The above recitals are true and correct and made a part of this resolution; and
BE IT FURTHER RESOLVED THAT the City Council of the City of San Leandro does hereby approve Vesting Tentative Tract Map 8643 (“Exhibit A”) to subdivide approximately 15.86 acres east of Monarch Bay Drive between Marina Boulevard and Fairway Drive into 148 lots for the Single-Family Element of the Shoreline Project, based on the following findings and considering the staff report, the Third Addendum and the whole of the record related to the Shoreline Project:
1. The proposed subdivision together with provisions for its design and improvements, is consistent with applicable General or Specific plans adopted by the City of San Leandro.
2. There is no basis to make any of the following findings as set forth in Section 66474 of the Subdivision Map Act:
a. That the proposed map is not consistent with applicable General and Specific plans as specified in § 65451 of the Government Code.
b. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific plans.
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c. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; and
BE IT FURTHER RESOLVED THAT the recommendation of the City Council is based on a finding that Vesting Tentative Tract Map 8643 is consistent with the San Leandro 2035 General Plan, the San Leandro Zoning Code, and the San Leandro Subdivision Ordinance; and BE IT FURTHER RESOLVED THAT the City Council’s approval of Vesting Tentative Tract Map 8643 to subdivide approximately 15.86 acres located east of Monarch Bay Drive between Marina Boulevard and Fairway Drive into 148 lots for the Single-Family Element of the Shoreline Project is subject to the following conditions of approval:
1. Conditions of Approval set forth in Exhibit F to Resolution 2022-085, approving a Planned Development Project and Site Plan Review for the Private Elements of the Monarch Bay Shoreline Development (“2022 Entitlements”), shall apply in addition to those set forth by this Exhibit.
2. The Conditions of Approval herein contained shall run with the property and shall be binding on the Applicant/Developer and all heirs, executors, administrators, and successors in interest to the real property that is the subject of this approval.
3. The Applicant/Developer shall note minor lot line adjustments may be made to the map based on final construction plans, subject to approval by the City and Developer.
4. The Final Map shall be in substantial conformance with the Vesting Tentative Tract Map 8643 prepared by BKF Engineers. The Final Map shall be prepared by a qualified Registered Civil Engineer or Licensed Land Surveyor and shall be subject to review and approval by the Public Works Director.
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5. The Final Map will subdivide the property into 148 lots as shown on the Vesting Tentative Tract Map.
6. Approval of the Vesting Tentative Tract Map does not constitute approval of the utility improvements as outlined in the Vesting Tentative Tract Map. All existing utilities shall be protected in place until approval of relevant encroachment, grading, and/or demolition permits by the City.
7. Approval of the Vesting Tentative Tract Map does not constitute approval or vesting rights relative to the horizontal position and size of building footprints or the architecture of the homes. The architecture/height of the structures shall be limited to the Fire Department access roads provided, and the Applicant/Developer shall obtain prior approval for each design from the Alameda County Fire Department prior to building permit issuance.
8. This Vesting Tentative Tract Map and any subsequent Final Map approval does not permit the commencement of any site work at the Property. The Applicant/Developer shall be required to submit separate permit applications for review and approval by the City.
9. The Final Map shall include provision of common area, access, parking, utility, drainage, emergency vehicle access, and other easements as needed, prior to approval of the Final Map.
10. In addition to the responsibilities outlined in Conditions of Approval 192 and 193 in Exhibit F to Resolution 2022-085, the conditions, covenants and restrictions document (CC& Rs) shall specify that the future Homeowners Association (HOA) shall be responsible for:
a. Maintenance, repair, restoration, replacement, and management of all private stormwater management facilities.
b. Maintenance of perimeter landscaping, retaining walls, and fencing.
Introduced by Councilmember _______________ and passed and adopted this 16th day of December 2024 by the following vote:
AYES: ()
NOES: ()
ABSENT: ()
ATTEST:
Kelly B. Clancy, CMC
City Clerk
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