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II.Planning Approval ProcessSan Leandro will be the approval authority for all land use approvals regarding the <br />proposed Project on the Property, including but not limited to zoning approvals, variances, <br />design review, and issuance of conditional use permits or the like, to the extent that any such <br />approvals may be necessary. San Leandro shall apply its land use regulations, except as may be <br />otherwise stated in the MOU. <br />A.Applications. Applicant will submit a planning application to the City of San <br />Leandro. A notice regarding the Project will be sent to the Oakland Bureau of Planning at the <br />same time as the notices are sent to neighbors as required by the City of San Leandro Zoning <br />Code and this MOU. Any staff reports will be sent to the Oakland Bureau of Planning prior to <br />any public hearings regarding the application at the same time the report is made available to the <br />public. <br />B.Noticing. In undertaking noticing for actions by the City of San Leandro, all property <br />owners within a 500-foot radius of the Property will be notified to ensure that neighbors from <br />both jurisdictions are notified of the Project. <br />C.Conditions of Approval. The San Leandro will provide to the Oakland a copy of the <br />Conditions of Approval for the Project at the same time as the Applicant receives a copy, if the <br />Project is approved. <br />D.Ongoing Jurisdiction. Both San Leandro and Oakland understand that, by virtue of <br />the proposed location of this Project, a portion of the Project, if approved, will be constructed <br />within the City of San Leandro, and a portion of the Project will be constructed within the City <br />of Oakland. Except as otherwise provided in this MOU, the owners of the Project will be subject <br />to the laws of both cities. <br />1.Oakland acknowledges the continuing jurisdiction of San Leandro and its Charter <br />and Municipal Code within those portions of the Project located within the City of <br />San Leandro, and will not undertake any action or approval that will result in any <br />violation of any of those laws. San Leandro acknowledges the continuing <br />jurisdiction of the City of Oakland and its Charter and Municipal Code within <br />those portions of the Project located within the City of Oakland and will not <br />undertake any action or approval that will result in any violation of those laws, <br />except as may regard planning or building approvals for buildings partially <br />located in the City of San Leandro. The City of San Leandro shall have <br />jurisdiction over planning and building approvals for those buildings partially and <br />wholly in the City of San Leandro. <br />11.The Oakland and San Leandro both reserve the right to take such actions as <br />necessary to enforce the laws, conditions or requirements within each city. Both <br />cities agree to cooperate with the other city in any action undertaken to enforce <br />any condition or requirement imposed on the Project. <br />5480615.1 <br />Exhibit A <br />Resolution No. 2026-049 Page 2 of 8