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WHEREAS, pursuant to the 2010 EIR, the subject site may be developed with a <br />mixed -use development consisting of residential and commercial land uses; and <br />WHEREAS, when compared against the Originally Approved Plan, the proposed <br />mixed -use development will not result in any new or intensified significant impacts; and <br />WHEREAS, pursuant to the California Environmental Quality Act (Public <br />Resources Code section 21000 et seq.) ("CEQA") and the State CEQA Guidelines (14 <br />Cal. Code Regs. 15000 et seq.), the City is the Lead Agency for the proposed <br />development; and <br />WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in <br />furtherance of a project for which an EIR has already been certified, the Lead Agency is <br />prohibited from requiring a subsequent or supplemental EIR unless at least one of the <br />circumstances identified in Public Resources Code section 21166 or State CEQA <br />Guidelines section 15162 are present; and <br />WHEREAS, City staff has evaluated the proposed project and considered <br />whether, in light of the impacts associated with its development, any supplemental or <br />subsequent environmental review is required pursuant to Public Resources Code <br />section 21166 or State CEQA Guidelines section 15162; and <br />WHEREAS, the analysis contained in the Third & Broadway project's EIR <br />Addendum ("2020 Addendum") concludes that none of the circumstances described in <br />Public Resources Code section 21166 or State CEQA Guidelines section 15162 have <br />occurred, and thus no supplemental or subsequent EIR is required; and <br />WHEREAS, the proposed Project is within a transit priority area (TPA) as defined <br />by Public Resources Code (PRC) Section 21099(a)(7). A TPA is an area within one-half <br />mile of a major transit stop that is existing (or planned under certain conditions). A major <br />transit stop includes the intersection of two or more major bus routes with a frequency of <br />service interval of 15 minutes or less during the morning and afternoon peak commute <br />periods (PRC § 21064.3). The Project site is within 0.15 miles of the intersection of Bus <br />Routes 53/53X (north -south along Main Street), 55, and 64/64X (east -west via 1st <br />Street). Under SB 743, aesthetic and parking impacts cannot be considered a <br />significant impact within TPA's; and <br />WHEREAS, on September 28, 2020 at a duly noticed public hearing, the <br />Planning Commission considered the 2020 Addendum for Variance No. 2020-05 and <br />Tentative Map No. 2020-02; and <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have <br />occurred. <br />NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA <br />ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: <br />75A-59 <br />