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minimum and 40’ average building setback from the waterway. This still leaves ample room for <br />a comfortable bay trail and landscaped area. The proposed development would qualify for a <br />reduced setback by providing six points of community benefits as outlined in proposed section <br />57.9 of the zoning code. The project complies with this provision by providing; publicly-visible art <br />(2 points) and enhanced bicycle and pedestrian amenities (4 points). <br /> <br />Figure 4: Enhanced Bicycle and Pedestrian Amenities <br /> <br /> <br />The MUW also requires requests for residential development to include an evaluation of the <br />noise and air quality impacts and for the review authority to make a finding that the project <br />design includes measures, if required after study and evaluation, that effectively mitigate air <br />quality and noise impacts on the proposed residential uses. The EIR includes air quality and <br />noise analyses of the proposed development due to the proximity to the freeway and nearby <br />uses. The EIR found that with the implementation of mitigation measures requiring sound <br />insulation and mechanical ventilation, the project would comply with the City’s noise and air <br />quality requirements and would not result in a significant impact on the environment. <br />As such, the proposed development complies with the applicable proposed zoning code <br />regulations. <br /> <br />Development Agreement <br />The Project includes a Development Agreement, which includes an Agreement for Exchange of <br />Real Property as an attachment, (Agreement) that would be entered into by the City and <br />Applicant. This Agreement would include the following: <br />7.A. - Page 11