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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2010-007 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND KAISER FOUNDATION HOSPITALS (KAISER) FOR THE KAISER PERMANENTE SAN LEANDRO MEDICAL CENTER AND MIXED-USE DEVELOPMENT PROJECT (PLN2009-00030) Recitals WHEREAS, the City Council of the City of San Leandro, after public hearings duly and properly held in compliance with the Zoning Code of the City of San Leandro, has determined that the Development Agreement between the City of San Leandro and Kaiser Foundation Hospitals (Kaiser) for the Kaiser Permanente San Leandro Medical Center and Mixed-Use Development Project is a legally binding agreement which provides certainty to the City that development of the Kaiser Permanente San Leandro Medical Center and Mixed-Use Development Project will promote the orderly planning of public improvements and services, allocates costs to achieve maximum utilization of public and private resources in the development process, and ensures that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, the City Council of the City of San Leandro, after public hearings duly and properly held in compliance with the City of San Leandro California Environmental Quality Act ("CEQA") Guidelines, has adopted CEQA Findings, certified the Environmental Impact Report ("EIR"), and approved the Mitigation Monitoring and Reporting Program prior to taking the following actions on the Project. NOW, THEREFORE, based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code ~§ 21000, et seq. ("CEQA") and the CEQA Guidelines, 14 California Code of Regulations §§ 15000, et seq.; the San Leandro General Plan; the San Leandro Municipal Code; the EIR prepared for the Kaiser Permanente San Leandro Medical Center/Mixed-Use Retail Development Project, including all appendices and technical reports thereto; all final applications, including plans, materials, and any other attachments thereto, submitted for the requested approvals for the Project; all reports, minutes, and testimony submitted as part of the Planning Commission's February 18, 2010 hearing on the Project; all reports, minutes, and testimony submitted as part of the Planning Commission's April 22, 2010 hearing on the Project; all reports, minutes, and testimony submitted as part of the City Council's May 3, 2010 hearing on the Project; all matters of common knowledge and all official enactments and acts of the City; and any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2) the City Council of the City of San Leandro does ORDAIN as follows: