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demonstrates that Project operation, including noise
<br />associated with outdoor and recreational uses, would not
<br />increase ambient noise levels, and therefore would not result
<br />in significant noise impacts.
<br />Section 2. The City Council, after hearing, considering and weighing all
<br />evidence in the record presented on behalf of all parties and being fully informed of the
<br />application, the Planning Commission's decision, and the appeal, hereby finds and
<br />determines that the Planning Commission's decision was not made in error, that the
<br />Planning Commission's decision was not an abuse of discretion by the Planning
<br />Commission and that the Planning Commission's decision was supported by substantial
<br />evidence in the record.
<br />Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the Project is within the scope of the 2007 Metro
<br />East Mixed -Use Overlay Zone Environmental Impact Report (EIR) and 2018
<br />Subsequent EIR (SEIR) (SCH No. 2006031041). The 2007 EIR and 2018 SEIR
<br />anticipated potential development of 5,551 residential units, 963,000 square feet of
<br />commercial development, and 690,000 of office development. The 2007 EIR and 2018
<br />SEIR analyzed impacts related to aesthetics, agriculture/forestry, air quality, biology,
<br />cultural resources, geology/soils, greenhouse gas emissions, hazards and hazardous
<br />materials, hydrology and water quality, land use and planning, mineral resources, noise,
<br />population/housing, public services, transportation/traffic, tribal cultural resources and
<br />utilities. The EIR and SEIR concluded that there would be significant and unavoidable
<br />impacts associated with air quality, noise, and transportation/traffic, and mitigation
<br />measures were developed and recorded through an approved Mitigation Monitoring and
<br />Reporting Program (MMRP). As required by the MMRP, a traffic impact analysis was
<br />prepared for this project by Linscott, Law and Greenspan, Engineers (LLG). The
<br />analysis evaluated the existing operating conditions at 25 intersections, estimated the
<br />trip generation potential of the project, and forecasted future near -term and long-term
<br />operating conditions without the proposed project. Based on the analysis, off -site
<br />improvements are required at various intersections and at difference timeframes, as
<br />identified in the traffic analysis, which the Project will comply with.
<br />The previously prepared 2007 EIR and 2018 SEIR adequately described the
<br />Project's environmental setting, significant impacts and alternatives, and mitigation
<br />measures related to each impact. There are no substantial changes with respect to
<br />circumstances under which the Project is undertaken that will require major revisions to
<br />the EIR. There is no new information of substantial importance and there are no new
<br />environmental impact or mitigation measures needed. All applicable mitigation
<br />measures applied to the previously prepared 2007 EIR and 2018 SEIR will be applied to
<br />this project.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />Resolution No. 2023-xx
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