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File Number: 11 -344 WHEREAS, the Mitigated Negative Declaration identifies mitigation measures applicable to the Project, and therefore a Mitigation Monitoring and Reporting Program must be adopted in conjunction with any Project approval; and WHEREAS, the City of San Leandro Planning Commission reviewed the staff report, the Initial Study and the draft Mitigated Negative Declaration and recommended approval of such to the City Council on October 20, 2011 by Resolution No. 2011 -001 PC; and WHEREAS, the Mitigated Negative Declaration was circulated for a 30 -day public review period from October 14, 2011 to November 14, 2011; and WHEREAS, the attached staff report describes and analyzes the Mitigated Negative Declaration, including comments and responses; and WHEREAS, the City Council reviewed the staff report, the Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, including comments and responses, at a noticed public hearing on November 21, 2011 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Mitigated Negative Declaration and related project and environmental documents and all of the documents incorporated herein by reference are available for review in the City Planning department at San Leandro City Hall, file PLN2009 -00006 during normal business hours. The location and custodian of the draft Mitigated Negative Declaration, including comments and responses, and other documents that constitute a record of proceedings for the Project, is the City of San Leandro, 835 E. 14th Street, San Leandro, CA 94577. NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows: Section 1 . The foregoing recitals are true and correct and made a part of this Resolution. Section 2 . The City Council has reviewed and considered the draft Mitigated Negative Declaration, the Mitigation Monitoring and Reporting Program, comments received during the public review period, and the City's written responses to comments prior to acting on the Project. Section 3 . On the basis of the whole record before it, the City Council finds that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment beyond those identified in the Mitigated Negative Declaration. Section 4 . The Initial Study, the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program have been completed in compliance with CEQA and the CEQA Guidelines. Section 5 . The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the Project. City of San Leandro Page 2 Printed on 11/15/2011