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EXHIBIT A <br />Resolution No. _____ Page 11 of 76 <br />Certification of the Magnolia at the Park EIR <br />statement of overriding considerations and the mitigation monitoring and reporting program and <br />deny the Project. <br />• On February 5, 2019, the City Council conducted a duly noticed public hearing to consider the <br />EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and <br />Amendment Application No. 2018-10 and solicit further comments on the EIR. The public hearing <br />was continued to the next regular adjourned City Council meeting on February 19, 2019. <br />• On February 19, 2019, the City Council continued a duly noticed public hearing to consider the <br />EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and <br />Amendment Application No. 2018-10 and solicit further comments on the EIR. After hearing all <br />relevant testimony from staff, the public and the City’s consultant team, the City Council voted <br />that the project be taken back to the Planning Commission after further consultation with staff, <br />Applicant and community to address comments and concerns raised. <br />• After further consultation with the public, the Applicant submitted the Modified Project to the <br />City, which reduced the total number of proposed multi-family dwelling units to 256 and include <br />surface level parking, and also reduced the Project’s height, increased the Project’s setbacks, and <br />modified the Project entrance. <br />• The City then prepared “Clarifications to the Final EIR” (October 2019) which included detailed <br />analysis, based upon substantial evidence, that demonstrate that the Modified Project would not <br />result in any new or substantially greater impacts than are disclosed in the EIR, no new mitigation <br />measures beyond those identified in the EIR are required, and no additional feasible alternatives <br />or mitigation measures considerably different from others previously analyzed would clearly <br />lessen the significant environmental impacts of the Project. <br /> <br />7.0 SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LESS <br />THAN SIGNIFICANT LEVEL <br />The City hereby finds that, despite the incorporation of Mitigation Measures identified in the EIR, in the <br />and in this document, the following environmental impact cannot be fully mitigated to a less than <br />significant level. A Statement of Overriding Considerations is therefore required. The following summary <br />describes the adverse impacts of the Project that would remain significant and unavoidable after <br />implementation of standard regulatory requirements, PDFs, and all feasible mitigation measures. <br /> <br />7.1 Aesthetics <br /> <br />7.1.1 Visual Character <br /> <br />Threshold: Would the Project substantially degrade the existing visual character or quality of the <br />site and its surroundings? <br /> <br />Findings: Significant and Unavoidable. (DEIR, pp. 4.1-16 through 4.1-26.) <br /> <br />Facts in Support of Finding: As described in Section 4.1, Aesthetics, of the DEIR, with implementation <br />of the Project, views of the Project site from the adjacent Santiago Park area would change from setback <br />views of the existing 2-story office building partially screened by mature landscaping to that of forefront <br />views of the 5-story residential building, with a landscaped tree buffer directly adjacent to the park. This <br />would result in a significant and unavoidable change in views of the Project site from the park. The <br />difference in scale and height, due to the Project’s location adjacent to the park, and limited visual setback <br />buffer with the proposed landscaping, would result in a substantial difference in scale, height, and property <br />2-41