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WHEREAS, the revised Mitigated Negative Declaration and related <br />project and environmental documents, and all of the documents incorporated <br />herein by reference, are available for review in the Planning Services Division at <br />City Hall, 835 East 14th Street, San Leandro, California 94577, during normal <br />business hours. The location and custodian of the draft revised Mitigated <br />Negative Declaration and other documents that constitute the record of <br />proceedings for the Project is the City of San Leandro Planning Services <br />Division, attn: Elmer Penaranda. <br />NOW, THEREFORE, BE IT RESOLVED THAT: <br />A. The foregoing recitals are true and correct and made a part of this resolution. <br />B. The Board of Zoning Adjustments has reviewed and considered the draft <br />revised Mitigated Negative Declaration, including comments received during the <br />public review period and the City's written responses to comments, prior to acting <br />on the Project. <br />C. The revised Mitigated Negative Declaration adequately describes the <br />environmental impacts of the Project. On the basis of the whole record before it, <br />the Board of Zoning Adjustments finds that the Project, as mitigated, would avoid <br />or reduce the potentially significant biology, geology and airport hazard impacts <br />to a point where clearly no significant effects would occur, and, there is no <br />substantial evidence that the Project as mitigated may have a significant effect <br />on the environment. The Board of Zoning Adjustments further finds as follows: <br />1. Based on the whole record, including but not limited to the revised <br />MND with responses to comments, and all supporting information, studies, <br />and evidence, there is no substantial evidence supporting a fair argument <br />of significant impact from the Project. <br />2. The revised MND was prepared and considered in a fully public <br />process, consistent with all public notice and participation requirements of <br />CEQA and the CEQA Guidelines. <br />3. Extensive comments were submitted on the revised MND but none of <br />the comments constitutes substantial evidence of a fair argument of <br />significant environmental impact, as further detailed in the written <br />responses to comments and summarized briefly below. <br />Aesthetics. There are no public scenic views or vistas substantially <br />affected by the Project. The Bay Trail is not adjacent to the Project site; <br />the Project site is in the opposite direction of the bay and marshlands <br />relative to the Bay Trail. The Project site is not in or adjacent to the bay <br />and marshlands; it is inland of them. The "trail" adjacent to the Project site <br />is a gated flood control maintenance area where public use and access is <br />3