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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) ORDINANCE NO. 2012 -010 4