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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2010-043 RESOLUTION OF THE CITY COUNCIL ADOPTING THE RELATED CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR), AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE KAISER PERMANENTE SAN LEANDRO MEDICAL CENTER AND MIXED-USE DEVELOPMENT PROJECT WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the City issued a Notice of Preparation ("NOP"), indicating an intent to prepare an Environmental Impact Report ("EIR") on the Project; and WHEREAS, a Draft EIR on the Project, SCH #2008012056, was prepared and released by the City and circulated for public review and comment from January 25, 2010 to March 10, 2010; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Draft EIR on February 18, 2010; and WHEREAS, the Final EIR ("FEIR") was published on April 12, 2010, which contained written responses to all comments received on the Draft EIR; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the FEIR and the Project on Apri122, 2010, where all interested parties were given the opportunity to participate in the public hearing by submittal of oral and written comments; and WHEREAS, the City Council conducted a duly noticed public hearing on the FEIR and the Project on May 3, 2010, where all interested parties were given the opportunity to participate in the public hearing by submittal of oral and written comments; NOW, THEREFORE, based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §§ 21000, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq.; the San Leandro General Plan; the San Leandro Municipal Code; the EIR prepared for the Kaiser Permanente San Leandro Medical Center/Mixed-Use Retail Development Project, including all appendices and technical reports thereto; all final applications, including plans, materials, and any other attachments thereto, submitted for the requested approvals for the Project; all reports, minutes, and testimony submitted as part of the Planning Commission's February 18, 2010 hearing on the Project; all reports, minutes, and testimony submitted as part of the Planning Commission's Apri122, 2010 hearing on the Project; all reports, minutes, and testimony submitted as part of the City Council's May 3, 2010 hearing on the Project; all matters