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<br />8 <br /> <br />8 <br /> <br />8 <br /> <br />I. <br /> <br />facilitate the construction of a 37-story office tower on the <br />site. <br /> <br />The design and improvements of the proposed project will not <br />cause substantial environmental damage or substantially and <br />avoidably injure fish or wildlife or their habitat. <br /> <br />The parcel map will not cause any environmental damage <br />nor injure fish or wildlife as the site is currently occupied by <br />commercial structures. In addition, no fish or wildlife was <br />identified as residing on the project site during the <br />environmental review of this project. <br /> <br />The design or improvements of the proposed project will not cause <br />serious public health problems. <br /> <br />No alterations are proposed to the development project that <br />will lead to serious damage or create public health problems. <br />Environmental Impact Report No. 1999-01 has been <br />prepared for this site which analyzes the environmental <br />impacts of the map. As a result, approval of the tentative <br />parcel map will not affect the health or safety of persons <br />residing in the vicinity. <br /> <br />The design or improvements of the proposed project will not conflict <br />with the easements acquired by the public at large for access <br />through or use of property within the proposed project. <br /> <br />Approval of the tentative parcel map will not create any <br />conflicts with existing easements found on the site. As a <br />condition of approval of the parcel map, conditions, covenants <br />and restrictions (CC&Rs) will need to be submitted for this <br />project. These CC&Rs will ensure that access, egress, and <br />other necessary easements are maintained over the two <br />parcels. <br /> <br />Final Environmental Impact Report No. 99-01, the Mitigation Monitoring <br />Program, and the Statement of Overriding Considerations which came <br />before the City Council on March 15, 2004, and was approved and <br />adopted by resolution at the July 19, 2004 hearing. At the July 19, 2004 <br />meeting, the City Council also introduced an ordinance amending the <br />Midtown Specific Plan (lOA No. 2004-02) and rezoning the property (AA <br />No. 2004-01), adopted a resolution amending the City's general plan <br />(GPA No. 2004-01), and a resolution approving Tentative Parcel Map No. <br />2004-02. This resolution incorporates by reference, as though fully set <br />forth herein, the ordinance and resolutions and said Final Environmental <br />Impact Report, Mitigation Monitoring Program, and Statement of <br />Overriding Considerations, and all of their respective facts, findings and <br />conclusions in support of this resolution and the findings made herein. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />Resolution No. 2004-052 <br />Page 3 of 7 <br />