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WHEREAS, the Board of Zoning Adjustments approved the Project on May 6, 2021, as
<br />further set forth in attached Resolution No. 2021-002 (Attachment 1, incorporated herein by
<br />reference) subject to the Conditions of Approval for the Project (further set forth in Exhibit B of
<br />Resolution No. 2021-002), and found that pursuant to Public Resources Code Section 21094.5
<br />and CEQA Guidelines Section 15183.3, no additional environmental review is required for the
<br />Project under CEQA as an infill project, and the Board of Zoning Adjustments made Findings of
<br />Fact and Determinations for Approval of the Project, as further set forth in Resolution No. 2021-
<br />002 (Exhibit A of Resolution No. 2021-002); and
<br />WHEREAS, East Bay Residents for Responsible Development ("East Bay Residents")
<br />and Laborers International Union of North America, Local 304 ("Laborers International") each
<br />filed a timely appeal of the Board of Zoning Adjustments' decision to the City Council on May
<br />20, 2021, respectively, which appeals are incorporated herein by reference; and
<br />WHEREAS, a staff report, dated July 6, 2021 and incorporated herein by reference,
<br />described and analyzed the Infill Checklist, the Project, the Board of Zoning Adjustments'
<br />approvals, and the appeal; and
<br />WHEREAS, the staff report recommended that the City Council affirm the Board of
<br />Zoning Adjustments' decision. The staff report also described and analyzed a June 21, 2021
<br />letter from Trinity Consultants, prepared on behalf of the Applicant discussing the comments
<br />raised in each of the appeals. None of the comments received in the appeals results in substantial
<br />revisions requiring the need to prepare additional environmental documentation, including an
<br />infill environmental impact report; and
<br />WHEREAS, the City Council reviewed the staff report, the Infill Checklist, the Project,
<br />the June 21, 2021 letter from Trinity Consultants, the Board of Zoning Adjustments' approval in
<br />Resolution No. 2021-002, and the appeal, at a noticed public hearing on July 6, 2021 at which
<br />time all interested parties had the opportunity to be heard; and
<br />WHEREAS, the City Council finds that the staff report and standards for approval
<br />reflect the City's independent judgment and analysis of the Project; and
<br />WHEREAS, the City Council finds that the evidence in the record constitutes substantial
<br />evidence to support the actions taken and the Project does satisfy the requisite Findings of Fact
<br />necessary for approval as further explained in the staff report and attachments, and that the
<br />Findings of Fact associated with this Resolution, as identified in "Exhibit A" attached to this
<br />Resolution, are supported by substantial evidence in the record, including testimony received at
<br />the public hearing, the staff presentations, the staff report and all materials in the project files.
<br />There is no substantial evidence, nor are there other facts, that negate the findings made in this
<br />Resolution. This City Council expressly declares that it considered all evidence presented and
<br />reached these Findings after due consideration of all evidence presented to it; and
<br />WHEREAS, the City's General Plan, Downtown Transit Oriented Development
<br />Strategy, Downtown Design Guidelines, Zoning Code, and Plan Bay Area 2040 are incorporated
<br />herein by reference, and are available for review at City Hall by appointment during normal
<br />business hours and on the City's website; and
<br />RESOLUTION NO. 2021-105
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