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<br />. <br /> <br />. <br /> <br />iv. <br /> <br />The design and improvements of the proposed project will <br />not cause substantial environmental damage or substantially <br />and avoidably injure fish and wildlife or their habitat. <br /> <br />An Environmental Impact Report was prepared <br />pursuant to the California Environment Quality Act for <br />the project. The project site is located in an urbanized <br />area, and there are no known fish or wildlife <br />populations existing on the project site. Therefore, <br />the proposed subdivision will not cause any <br />substantial environmental damage or substantially <br />and avoidably injure fish and wildlife or their habitat. <br /> <br />The design or improvements of the proposed project will not <br />cause serious public health problems. <br /> <br />The proposed subdivision will not have any <br />detrimental effects upon the general public. The <br />short-term and long-term unavoidable adverse <br />impacts identified in Environmental Impact Report No. <br />2004-02 as it pertains to aesthetics, air quality, and <br />traffic and transportation, a statement of Overriding <br />Considerations could be issued by decision makers to <br />balance the economic, legal, social, and technological <br />and/or other benefits of this project against the <br />unavoidable environmental impacts. Any other <br />negative or adverse impacts will be mitigated through <br />mitigation measures identified in Environmental <br />Impact Report No. 2004-02. <br /> <br />v. <br /> <br />vi. <br /> <br />The design or improvements of the proposed project will not <br />conflict with easements necessary for public access through <br />or use of the property within the proposed project. <br /> <br />There is no easement for public access on this <br />property, therefore the proposed project will not <br />conflict with easements necessary for public access <br />through or use of the property. Public access will be <br />provided from East Hutton Centre Drive, MacArthur <br />Boulevard and East Sandpointe Avenue. <br /> <br />L. Applicant has requested approval of Variance No. 2005-05 to reduce the <br />required building setback on Hutton Centre Loop from 10 feet to a <br />minimum setback of 7 feet, with an average setback of 12 feet, six inches <br />for the property located at 10 East Hutton Centre Drive (Lake Towers). <br /> <br />. <br /> <br />Resolution No. 2005-064 <br />Page 17 of28 <br />