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WHEREAS, on November 2, 2023, the Planning Commission reviewed the proposed Project and <br />IS/MND at a duly noticed public hearing, at which time all interested parties had the opportunity to be <br />heard; and <br />WHEREAS, on November 2, 2023, the Planning Commission, after consideration of all pertinent plans, <br />documents, project application, IS/MND and MMRP, staff report, findings of fact, conditions of approval, <br />public comments, and all other testimony and evidence presented at the public hearing, voted 4-2-1 to adopt <br />Planning Commission Resolution No. 2023-010, incorporated herein by reference, to recommend City Council <br />adoption of the IS/MND and MMRP, and approval of the Project based on the Recommended Findings of Fact <br />and subject to the Recommended Conditions of Approval; and <br />WHEREAS, a City Council staff report dated November 20, 2023, and incorporated herein by reference, <br />describes and analyses the proposed Project and IS/MND, and reflects the City's independent judgment and <br />analysis of the Project; and <br />WHEREAS, on November 20, 2023, the City Council reviewed the proposed Project and IS/MND at a <br />duly noticed public hearing, at which time all interested parties had the opportunity to be heard; and <br />WHEREAS, the City Council fully considered the Project application, IS/MND and MMRP, staff report, <br />findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at <br />the public hearing; and <br />WHEREAS, the City Council finds that the staff report and standards for approval reflects the City's <br />independent judgement and analysis of the Project; and <br />WHEREAS, the City Council finds that the Project, subject to the Recommended Conditions of <br />Approval, does satisfy the requisite findings of fact necessary for approval, as further explained in the staff <br />report and herein; and <br />WHEREAS, the City's General Plan and the Zoning Code are incorporated herein by reference and are <br />available for review at City Hall during normal business hours and on the City's website. <br />NOW, THEREFORE, the City of San Leandro City Council does RESOLVE that the foregoing recitals are <br />true and correct and made part of this resolution; and <br />BE IT FURTHER RESOLVED that the City Council of the City of San Leandro does hereby adopt the <br />Mitigated Negative Declaration (Exhibit A) and Mitigation Monitoring and Reporting Program (Exhibit B), <br />based on the following findings and considering the staff report and the whole of the record related to the <br />Project: <br />1. That the Mitigated Negative Declaration (MND) reflects the lead agency's independent judgment and <br />analysis, that the document has been completed in compliance with the requirements of the California <br />Environmental Quality Act and, on the basis of the whole record and when the mitigation measures are <br />implemented, there is no substantial evidence that the project will have a significant effect on the <br />environment; and <br />