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statement of overriding considerations and the mitigation monitoring and reporting program and deny the Project. • On February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EK Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicit further comments on the FIR. The public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019. • On February 19, 2019, the City Council continued a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicit further comments on the EIR. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted that the project be taken back to the Planning Commission after further consultation with staff, Applicant and community to address comments and concerns raised. • After further consultation with the public, the Applicant submitted the Modified Project to the City, which reduced the total number of proposed multi -family dwelling units to 256 and include surface level parking, and also reduced the Project's height, increased the Project's setbacks, and modified the Project entrance. • The City then prepared "Clarifications to the Final FIR" (October 2019) which included detailed analysis, based upon substantial evidence, that demonstrate that the Modified Project would not result in any new or substantially greater impacts than are disclosed in the EK no new mitigation measures beyond those identified in the FIR are required, and no additional feasible alternatives or mitigation measures considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the Project. 7.0 SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL The City hereby finds that, despite the incorporation of Mitigation Measures identified in the FIR, in the and in this document, the following environmental impact cannot be fully mitigated to a less than significant level. A Statement of Overriding Considerations is therefore required. The following summary describes the adverse impacts of the Project that would remain significant and unavoidable after implementation of standard regulatory requirements, PDFs, and all feasible mitigation measures. 7.1 Aesthetics 7.1.1 Visual Character Threshold: Would the Project substantially degrade the existing visual character or quality of the site and its surroundings? Findings: Significant and Unavoidable. (DEIR, pp. 4.1-16 through 4.1-26.) Facts in Support of Finding: As described in Section 4.1, Aesthetics, of the DEIR, with implementation of the Project, views of the Project site from the adjacent Santiago Park area would change from setback views of the existing 2-story office building partially screened by mature landscaping to that of forefront views of the 5-story residential building, with a landscaped tree buffer directly adjacent to the park. This would result in a significant and unavoidable change in views of the Project site from the park. The difference in scale and height, due to the Project's location adjacent to the park, and limited visual setback buffer with the proposed landscaping, would result in a substantial difference in scale, height, and property Resolution No. Page 11 of 76 Certification of the Magnolia at the Park EIR