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WHEREAS, the City has prepared "Clarifications to the Final EIR" to determine if <br />the October Modified Project would result in new or substantially increased <br />environmental effects than those analyzed in the EIR such that the EIR would require <br />recirculation prior to its certification; and <br />WHEREAS, the Clarifications to the Final EIR include detailed analysis, based <br />upon substantial evidence, that demonstrate that the Modified Project would not result <br />in any new or substantially greater impacts than are disclosed in the EIR, no new <br />mitigation measures beyond those identified in the EIR are required, and no additional <br />feasible alternatives or mitigation measures considerably different from others <br />previously analyzed would clearly lessen the significant environmental impacts of the <br />project; and <br />WHEREAS, on October 28, 2019, the Planning Commission conducted a duly <br />noticed public hearing to consider the EIR, Development Agreement No. 2018-01, <br />General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and <br />solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and <br />two (2) in expressed support the project. In addition, ninety-eight (98) individuals <br />submitted comments with ninety-four (94) in opposition and four (4) in support; and <br />WHEREAS, after hearing all relevant testimony from staff, the public and the <br />City's consultant team, the Planning Commission by a vote of 3:2, voted to recommend <br />denial of the project. Since the entitlements require final action by the City Council, the <br />actions were forwarded to the City Council; and <br />WHEREAS, on November 8, 2019, the City gave public notice of a City Council <br />public hearing for consideration of Environmental Impact Report No. 2018-01 (State <br />Clearinghouse Number #2018021031) by advertising in the Orange County Register, a <br />newspaper of general circulation, and by mailing to owners of property and residents <br />within 500 feet of the Project; and <br />WHEREAS, on November 19, 2019, the City Council conducted a duly noticed <br />public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan <br />Amendment No. 2018-06, and Amendment Application No. 2018-10 and at which <br />hearing members of the public were afforded an opportunity to comment upon <br />Environmental Impact Report No. 2018-01. After hearing all relevant testimony from <br />staff, the public and the City's consultant team, the City Council voted to certify the EIR, <br />adopt the findings, the statement of overriding considerations and the mitigation <br />monitoring and reporting program and approve the October Modified Project; and <br />WHEREAS, the "EIR" consists of the Final EIR, Clarifications to the Final EIR, <br />and all attachments and appendices to both the Final EIR and the Clarifications to the <br />Final EIR, as well as the Draft EIR and its attachments and appendices (as modified by <br />the Final EIR); and <br />WHEREAS, all potentially significant adverse environmental impacts were <br />sufficiently analyzed in the EIR; and <br />Resolution No. 2019-xx <br />Page 6 of 10 <br />