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tions, and reduction of setbacks established by Height District I, and to permit the non-residential use of property in the Ri zoning district. The Vice Mayor announced that the Enviromnental Impact Report would be considered first, followed by the Appeal of the Variance Application and the General Plan Amendment, in that order. The EIR staff report was given by the Director of Planning, who stated that the Environmental Impact Report was approved unanimously by the Planning Commission, and that Cecil Sterling, Project Manager of the Environmental Studies Department of Ultrasystems, Inc., the firm responsible for the preparation of the Environmental Impact Report, was present to ar~wer any questions of the Council. The Deputy Clerk of the Council reported no new written communications. VerlynJensen, Attorney, 1200 North MainStreet, representing Mohler Development Company, the applicants, and William Blurock of William Blu- rock and Partners, 2300 Newport Boulevard, Newport Beach, the architects, stated that they would answer any Council questions. The following persons spoke in opposition to approval of the Environmental Impact Report: Sylvia Salenius, 919 North Olive Street Janice Boer, 912 North Lowell Street Connie Major, 923 North Olive Street David M. Zdunich, 709 South Cypress Street There were no other speakers for or against approval of the Environmental Impact Report. The Vice Mayor closed the public hearing. Following discussion of each of the points raised by the speakers, and consideration of the Environmental Impact Report in relation to each, MOTION was made by Griset, seconded by Serrato, to approve Draft Environmental Impact Report No. 78-4, all written materials pertaining thereto and all verbal comments as the final Environmental Impact Report, and certify that it has been completed in compliance with the CEQAand the City's rules and regula- tions, and that the Council has reviewed and considered the information contained therein. AYES: BRICI(FN, GRISET, LUXEMBOURGER, SERRATO, YAM_iMOTO CA 13.3 NOES: NONE CA 78.3 ABSENT: MARKEL, WARD The Vice Mayor opened the public hearing to consider Appeal No. 405 of Variance Application No. 79-1. The Planning Director presented the staff report of the Appeal and Variance Application. He described the proposed project with the aid of slide transparencies, and explained the procedure, stating that the applicant had requested a denial of the Variance Application by the Planning Commis- sion, which had been unable to reach an agreement on the height limitation, in order to bring the matter before the City Council; that the Planning Comnission had generally agreed that a major statement should be made at this intersection, and that efforts should be made to protect the strong fiber of the adjacent residential neighborhood; and that the Council is being asked by the Commission to make a determination as to the height and bulk of the proposed structure. The Senior Planner described the various height and setback formula alterna- tives, and the staff recommendations. The Deputy Clerk of the Council reported no new written com~nications. CITY COUNCIL MINUTES 232 JULY 2, 1979