Reso 2020-119 1388 Bancroft Apartments MND MMRP

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RESOLUTION THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2020-119 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR 1388 BANCROFT APARTMENTS (PLN18-0046) WHEREAS, on June 14, 2018, Tom Silva of Eden Realty ("Applicant") submitted an application for a Planned Development and Site Plan Review (PLN18-0046) proposing to redevelop a 1.27 acre property located at 1388 Bancroft Avenue consisting of two medical and professional office buildings, to be demolished and replaced with a 45 unit multifamily residential Planned Development Project, later revised to consist of 42 multifamily residential units ("Project"); and WHEREAS, the application was evaluated and deemed complete on October 12, 2018 and an initial study was prepared shortly thereafter; and WHEREAS, pursuant to the California Environmental Quality Act of 1970, Public Resources Code § 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, "CEQA"), an Initial Study and Mitigated Negative Declaration (collectively, "Mitigated Negative Declaration" or "MND"), dated November 30, 2018, attached hereto as "Exhibit A" and incorporated herein by reference, was prepared for the Project by Michael Baker International (MBI) on behalf of the City. The purpose of the Initial Study and Mitigated Negative Declaration was to ascertain whether the 1388 Bancroft Project would have significant effects on the environment, and to identify and impose appropriate Project changes and mitigation measures to avoid any such impacts or reduce such impacts to a less than significant level; and WHEREAS, the Mitigated Negative Declaration analyzed the environmental effects of the Project and concluded that the Project, with the incorporation of the mitigation measures contained in the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program ("Mitigated Monitoring and Report Program" or "MMRP") identified in Section 4.0 of the MND, would not have a significant adverse effect on the environment; and WHEREAS, the Initial Study examined all of the environmental issues associated with the Project and concluded that, with the incorporation of identified mitigation measures, the Project would not have a significant effect on the environment. A Notice of Intent to Adopt a Mitigated Negative Declaration, along with the Mitigation Monitoring and Reporting Program identified in Section 4.0, was prepared and circulated for review beginning on November 30, 2018; and WHEREAS, the Applicant agreed and the Project is conditioned to incorporate into the Project all applicable mitigation measures identified in the MND and MMRP, to reduce environmental impacts to less than a significant level; and WHEREAS, on December 20, 2018, the Planning Commission, after consideration of all pertinent plans, documents, and testimony, recommended approval and adoption of the MND and the proposed Project to the City Council by a 4-2 decision; and WHEREAS, the City Council, after giving all public notices required by State law and the San Leandro Zoning Code, held a duly noticed public hearing on February 4, 2019, to