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address existing trees that obstruct on-shore winds if the turbine is limited to the zoning ordinance height standard, which finding is set forth below. The staff report also described and analyzed a February 7, 2013 comment letter from Howard Beckman, and discussed the alleged prejudice issue; and WHEREAS,the City Council reviewed the staff report,the adopted MND, the Project, the Beckman letter,the Board of Zoning Adjustments approvals in Resolutions 01-13 and 02-13, and the appeal, at a noticed public hearing on April 1, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS,the record of proceedings for the Project includes,but is not limited to,the Project application and related materials, reports,photo simulations; the MND; technical reports prepared in connection with the Project and MND; the responses to comments on the MND; Board of Zoning Adjustments staff report and resolutions; City Council staff report; other related project and environmental documents. The documents and materials constituting the record of proceedings, including all of the documents incorporated herein by reference, are available for review in the Planning Services Division at the City of San Leandro City Hall, 835 East 14th Street, San Leandro, California 94577, during normal business hours. The location and custodian of the draft revised MND and other documents that constitute the record of proceedings for the Project is the City of San Leandro Planning Services Division, attn: Elmer Penaranda. NOW, THEREFORE,BE IT RESOLVED THAT: A. The foregoing recitals are true and correct and made a part of this resolution. B. The City Council reviewed and considered the Mitigated Negative Declaration adopted through Resolution 01-13,prior to acting on the appeal. BE IT FURTHER RESOLVED that the adopted Mitigated Negative Declaration adequately describes the environmental impacts of the Project. On the basis of the whole record before it, the City Council affirms the Board of Zoning Adjustments decisions in Resolution 01- 13 that a)the Project, as mitigated, would avoid or reduce the potentially significant biology, geology and airport hazard impacts to a point where clearly no significant effects would occur; and, b)there is no substantial evidence that the Project as mitigated may have a significant effect on the environment with respect to aesthetics, biology, geology, airport hazards, noise, or any other environmental resource. In affirming the MND decision, the City Council hereby modifies and updates the findings in Paragraph 3 of Resolution 01-13 as follows: 1. Based on the whole record, including but not limited to the revised MND with responses to comments, and all supporting information, studies, and evidence, there is no substantial evidence supporting a fair argument of significant impact from the Project as mitigated. RESOLUTION NO.2013-043 2