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EXHIBIT A <br />Resolution No. _____ Page 22 of 76 <br />Certification of the Magnolia at the Park EIR <br />cultural resource cannot be preserved in place or left in an undisturbed state, recovery, salvage and <br />treatment shall be required at the Project Applicant’s expense. All recovered and salvaged resources shall <br />be prepared to the point of identification and permanent preservation in an established accredited <br />professional repository. <br /> <br />With the implementation of the mitigation measure identified above (Mitigation Measure TCR-1), the <br />Project’s potential impacts relating to temporary increases in ambient noise levels would be less than <br />significant. (DEIR, pp. 4.12-4 through 4.12-5.) <br /> <br />Consistent with the Original Project, the Modified Project would involve excavation and disturbance of <br />onsite soils and Mitigation Measure TCR-1 would be required to reduce potential impacts to a less than <br />significant level. With Mitigation Measure TCR-1 no new or greater impacts related to tribal cultural <br />resources would occur. Based on the foregoing, none of the conditions identified in CEQA Guidelines <br />Section 15088.5 that would trigger the need to prepare a recirculated EIR or other environmental document <br />exist. The Modified Project would not result in either a new significant environmental impact or a <br />substantial increase in the severity of a previously identified impact. (Final EIR, Clarifications to the Final <br />EIR, Section 3.12.) <br /> <br /> <br />9.0 FINDINGS REGARDING LESS THAN SIGNIFICANT IMPACTS NOT REQUIRING <br />MITIGATION <br /> <br />Consistent with Public Resources Code section 21002.1 and section 15128 of the CEQA Guidelines, the <br />EIR focused its analysis on potentially significant impacts, and limited discussion of other impacts for <br />which it can be seen with certainty there is no potential for significant adverse environmental impacts. <br />CEQA Guidelines section 15091 does not require specific findings to address environmental effects that <br />an EIR identifies as “no impact” or a “less than significant” impact. <br /> <br />Nevertheless, the City hereby finds—consistent with Chapter 4.0, Environmental Setting and Impact <br />Analysis, of the DEIR and the Initial Study (Appendix A of the DEIR)—that the Project would either have <br />no impact or a less than significant impact to the following resource areas: <br /> <br />9.1 Aesthetics <br /> <br />9.1.1 Scenic Vistas <br /> <br /> Threshold: Would the Project have a substantial adverse effect on a scenic vista? <br /> <br />Finding: Less than significant impact. (DEIR, p. 4.1-9 through 4.1-16.) <br /> <br />Facts in Support of Findings: The Project site and surrounding areas are urbanized and do not contain <br />any sensitive scenic vistas. (DEIR, p. 4.1-3, 4.1-9.) Moreover, as described in Section 4.1, Aesthetics of <br />the DEIR, implementation of the Project would change the character of the site to more closely align with <br />the General Plan Scenic Corridors Element designation as a Major City Entry and the Urban Design <br />Element identification of the site as within the Main Street Concourse node. Additionally, it would align <br />with the Scenic Corridors Element designation of Santiago Creek as an Inter-City Corridor. Hence, the <br />Project would result in a substantial change, but this change would not result in an adverse effect to a <br />scenic vista, and impacts related to a scenic vista would be less than significant. This conclusion also <br />2-52