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File Number: 20-313 <br />Reporting Program (“Mitigated Monitoring and Report Program” or “MMRP”) identified in Section <br />4.0 of the MND, would not have a significant adverse effect on the environment; and <br />WHEREAS, the Initial Study examined all of the environmental issues associated with the <br />Project and concluded that, with the incorporation of identified mitigation measures, the Project <br />would not have a significant effect on the environment. A Notice of Intent to Adopt a Mitigated <br />Negative Declaration, along with the Mitigation Monitoring and Reporting Program identified in <br />Section 4.0, was prepared and circulated for review beginning on November 30, 2018; and <br />WHEREAS, the Applicant agreed and the Project is conditioned to incorporate into the <br />Project all applicable mitigation measures identified in the MND and MMRP, to reduce <br />environmental impacts to less than a significant level; and <br />WHEREAS, on December 20, 2018, the Planning Commission, after consideration of all <br />pertinent plans, documents, and testimony, recommended approval and adoption of the MND and <br />the proposed Project to the City Council by a 4-2 decision; and <br />WHEREAS, the City Council, after giving all public notices required by State law and the <br />San Leandro Zoning Code, held a duly noticed public hearing on February 4, 2019, to consider <br />the Project with 45 units and the draft Initial Study and Mitigated Negative Declaration for the <br />Project; and <br /> WHEREAS, following receipt and consideration of written and verbal comments on the <br />proposed project and Mitigated Negative Declaration at the February 4, 2019 hearing, the City <br />Council directed the applicant to reduce the Project’s density and number of units; and <br />WHEREAS, the applicant prepared and submitted revisions to the Project on February 4, <br />2020, reducing the total number of units from 45 to 42, removing the rooftop patio, and replacing <br />the footprint of the removed units with a widened sport lawn area; and <br />WHEREAS, the revised Project was reviewed and evaluated in accord with CEQA <br />Guidelines section 15073.5 and it was determined that the changes, including the reduction of <br />three dwelling units, removal of the rooftop deck and widening of the sport lawn area, constitute <br />minor revisions to the Project that do not result in any new or significant additional effects; and <br />WHEREAS, the revised Project compensates for the removal of rooftop common open <br />space by relocating the open space amenity to the location of the three removed dwelling units <br />and replaces their footprint with a widened sport lawn area, providing additional pervious surface <br />area for stormwater pollution control; and <br />WHEREAS, the Project revisions do not trigger Recirculation of the Mitigated Negative <br />Declaration because the changes are minor and were made in response to written or verbal <br />comments on the Project's effects identified in the Mitigated Negative Declaration at the City <br />Council hearing held on February 4, 2020 and do not result in any new or avoidable significant <br />effects, in accord with CEQA Guidelines, Section 15073.5(c)(2); and <br />WHEREAS, the City Council, after giving all public notices required by State law and the <br />Page 2 City of San Leandro Printed on 9/16/2020