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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2023-169 <br />RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO ADOPT A MITIGATED <br />NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND <br />APPROVING SITE PLAN REVIEW, CONDITIONAL USE PERMIT, AND ADMINISTRATIVE <br />EXCEPTION (HEIGHT) FOR THE CONSTRUCTION AND OPERATION OF A SPECULATIVE <br />WAREHOUSE DEVELOPMENT AT 14143-14273 WASHINGTON AVENUE (PLN21-0031) <br />WHEREAS, Richard Poolis, on behalf of First Industrial Realty Trust ("Applicant" and "Property Owner") <br />submitted an application, PLN21-0031 ("Project"), for a Zoning Map Amendment, Site Plan Review, <br />Conditional Use Permit, and Administrative Exception (Height) to facilitate the construction of a one-story, 47 <br />feet tall, approximately 52,269 square -foot speculative warehouse structure, with up to 5,000 square -feet of <br />office space, and associated site improvements and landscaping, on a vacant 3.45-acre property located at <br />14143-14273 Washington Avenue (APNs: 7713-1222-3-3, -4-3, -5-3, and 7713-1222-6-15, -6-17, -6-18, and -6-19) <br />("Property"); and <br />WHEREAS, the City prepared an Initial Study and draft Mitigated Negative Declaration ("IS/MND") for <br />the Project pursuant to the provisions of the California Environmental Quality Act, incorporated herein by <br />reference, which reflected the independent judgment of the City as to the potential environmental effects of <br />the Project; and <br />WHEREAS, the IS/MND concluded that the project would not result in any significant impacts with the <br />incorporation of mitigation measures; and <br />WHEREAS, the City prepared and circulated a Notice of Intent to Adopt a Mitigated Negative <br />Declaration (NOI) for the Project in accordance with the requirements of CEQA and provided a public review <br />and comment period between October 6, 2023 and October 27, 2023; and <br />WHEREAS, the NOI was mailed to owners and occupants of real property adjacent to the project site <br />and to individuals and/or organizations who had previously requested such notice, posted at the Alameda <br />County Clerk's Office, and on -site at the Property, for the duration of the public review period; and <br />WHEREAS, the City prepared a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the <br />requirements of CEQA, incorporated herein by reference; and <br />WHEREAS, Zoning Code Sections 5.06.400 and 5.12.108 states that the Conditional Use Permit, Major <br />Site Plan Review, and Administrative Exception (Height) shall be processed concurrently, and reviewed and <br />decided on by the highest review authority designated for any of the approvals; and <br />WHEREAS, the highest review authority for the Project is the City Council; and <br />WHEREAS, a Planning Commission staff report dated November 2, 2023, and incorporated herein by <br />reference, describes and analyses the proposed Project and IS/MND, and reflects the City's independent <br />judgment and analysis of the Project; and <br />