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WHEREAS, on September 19, 2016, the City Council approved a comprehensive <br />citywide General Plan Update and Zoning Code amendments, which included a new vision for <br />San Leandro, including Downtown San Leandro. The General Plan Update Final Environmental <br />Impact Report (FEIR) (State Clearinghouse No. 2001092001) which was prepared for the <br />General Plan Update and Zoning Code amendments and associated actions, analyzed the <br />development intensities on a citywide impact level and adopted a Mitigation Monitoring and <br />Reporting Program for the San Leandro General Plan Update and Zoning Code amendments; and <br />WHEREAS, on September 4, 2007, the City Council adopted Resolution No. 2007-111 <br />and certified the Final Environmental Impact Report (FEIR) (State Clearinghouse No. <br />2006052102) for the Downtown San Leandro Transit -Oriented Development Strategy, which <br />was prepared to identify 39 opportunity sites, representing approximately 88 acres, where <br />development could occur in the City over the next 25 or so years (to 2030); and <br />WHEREAS, pursuant to and in accordance with the provisions of the California <br />Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as <br />"CEQA"), the State of California Guidelines for the Implementation of the California <br />Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code <br />of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for <br />the preparation and consideration of environmental documents for the Project; and <br />WHEREAS, in conformance with CEQA, including Public Resources Code Section <br />21094.5, and the CEQA Guidelines, including Section 15183.3 and CEQA Guidelines Appendix <br />M, which establish eligibility requirements for projects to qualify as infill projects for <br />streamlining procedures provided in CEQA Guidelines Section 15183.3, the City prepared an <br />Infill Checklist for the Project to evaluate the environmental impacts of the Project. The Infill <br />Checklist reviews the analysis in prior EIRs certified by the City to determine if the Project <br />would result in new project specific effects or a substantial increase in the severity of significant <br />impacts identified in prior EIRs, and whether uniformly applicable development policies would <br />substantially mitigate these impacts; and <br />WHEREAS, the Infill Checklist prepared for the Project tiers off the 2035 General Plan <br />Update Environmental Impact Report (2016). This prior EIR was prepared as part of enacting the <br />City's General Plan Update and Zoning Code amendments that implemented the Downtown <br />Transit -Oriented Development (TOD) Strategy. The Infill Checklist demonstrates that any <br />significant effects of the Callan & East 14th Street Project were analyzed in the prior EIRs or <br />would be substantially mitigated by the City's uniformly applicable development policies <br />(UADPs). The Infill Checklist also incorporates information from the Downtown TOD EIR <br />(2007), which also qualifies as a prior EIR. Therefore, pursuant to Public Resources Code <br />Section 21094.5, no additional environmental review is required under CEQA for the Project as <br />an infill project; and <br />WHEREAS, the Board of Zoning Adjustments held a duly noticed public hearing <br />regarding the proposed Project on May 6, 2021, at which time all interested parties had the <br />opportunity to be heard; and <br />RESOLUTION NO. 2021-105 2 <br />