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11/16/2015 Parking In-Lieu Fee Application based on the following findings and subject to the Conditions of Approval set forth below. This determination is based on the entire record, including without limitation the application materials, the DTPP, 2011 DTPP EIR, the entire record of the administrative proceedings regarding the adoption of the DTPP, the staff reports and attachments prepared for the Planning Commission hearing on the project and the appeal, each of which is incorporated herein by reference and which serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution. Section 2. Initial Study Checklist (IS): In the exercise of its independent judgment, the City Council finds that: a. The IS was prepared in accordance with all legal requirements. b. The City Council has reviewed and analyzed the IS and other information in the entire record and has considered the information contained therein, including the written and oral comments received at the public hearing on the Project, prior to acting upon or approving the Project. c. Based on substantial evidence in the record, the proposed Project is within the scope of the previously approved Downtown Precise Plan and is adequately described in the previously certified Downtown Precise Plan Program EIR for purposes of CEQA. The mitigation measures and Statement of Overriding Considerations associated with certification of the Program EIR address the environmental effects of the Project. Accordingly, with the approval of this Project, all applicable mitigation measures and the Statement of Overriding Considerations are hereby reconfirmed and readopted. d. As set forth in CEQA Guidelines sections 15162, 15163 and 15168, the proposed project will not result in any new or more significant environmental effects or require new mitigation measures beyond those identified in the Downtown Precise Plan Program EIR and adopted upon approval of the Downtown Precise Plan. No new environmental document is required. e. As set forth in CEQA Guidelines section 15183, subdivisions (a) and (b), the proposed project is consistent with the Downtown Precise Plan (for which the EIR was certified on January 24, 2011) which provides the necessary zoning to accommodate the proposed development density. Further, as discussed in the IS Checklist, there are no environmental effects which are peculiar to ATTY/RES0.3157/SA RESO 601 MARSHALL APPEAL 8-STORY PROJECT RESO.#15458 REV: 11-16-15 VR MUFF#603 Page 5 of 23