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THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY <br />ORDAIN AS FOLLOWS: <br />SECTION 1: ENVIRONMENTAL REVIEW. Pursuant to CEQA and the <br />CEQA Guidelines, an Environmental Impact Report (EIR) has been prepared for the <br />project addressed by the Development Agreement. Subsequent to the preparation and <br />distribution of the Draft EIR for public review and comment, the City of Newport Beach <br />and the project applicant mutually agreed to enter into a Development Agreement for the <br />proposed project. The Development Agreement provides additional mitigation for project <br />impacts in the form of fees for road improvements and other items. Although this <br />discretionary action was not identified in the project description contained in the Draft <br />EIR, a review of its implications on the environmental analysis conclusively shows that <br />its implementation will not result in any additional significant impacts beyond those <br />addressed in the Draft EIR, result in a substantial increase in the severity of any <br />significant impacts addressed in the Draft EIR, and/or require the incorporation of <br />additional mitigation measures. Therefore, the environmental analysis presented in the <br />Draft EIR adequately evaluated all of the potential impacts of project implementation, <br />including those related to the approval and implementation of the Development <br />Agreement. After reviewing the EIR, all comments received during the public review <br />process, and all responses to those comments, the City Council has certified the EIR as <br />complete, reflecting the independent judgment of the City of Newport Beach. All records <br />pertaining to preparation, review, and comment on the EIR are retained in the Planning <br />Department of the City of Newport Beach. <br />SECTION 2: DEVELOPMENT AGREEMENT. <br />a. The Development Agreement is, assuming voter approval of GPA 97 -3(B), consistent <br />with the objectives, policies, general land uses, and programs of the General Plan of <br />the City.. <br />