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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />4. The Court found that, because of the above deficiencies in the EIR's traffic <br />analysis, the estimate of the traffic generated by the Project was inaccurate, <br />and as a result the mitigation measures proposed for the Project, particularly <br />those requiring the payment of "fair share fees," were insufficient. <br />WHEREAS, as part of the judgment, the Court issued a peremptory writ of mandate <br />directing the City to conduct analysis in the four areas set forth above; and <br />WHEREAS, the City prepared an addendum to the Final EIR (the "Addendum") in <br />compliance with CEQA that satisfies all requirements in the peremptory writ of mandate <br />issued by the Court by sufficiently: <br />(i) <br />(ii) <br />(iii) <br />(iv) <br />Clarifying the Project square footage designated as High Cube warehouse distribution <br />use. <br />Explaining the methodology used to calculate traffic growth in the vicinity of the <br />Project and the incorporation of Project traffic into the traffic growth projections. <br />Clarifying the baseline concerning the traffic signal synchronization and related level <br />of service description. <br />Clarifying the sufficiency of the traffic mitigation measures in light of the <br />Addendum's additional analysis of traffic related impacts. <br />WHEREAS, the Addendum has been presented to the City and having reviewed and <br />considered the information contained therein, the City has determined that the Addendum <br />addresses the issues identified in the writ of mandate issued by the Court; and <br />WHEREAS, the City finds that none of the circumstances specified in Public <br />Resources Code section 21166 subparts (a) through (c) or California Code of Regulations, <br />Title 14 ("the State CEQA Guidelines"), section 15162 have occurred and that the preparation <br />of a subsequent or supplemental EIR or negative declaration in conjunction with the approval <br />of the Project is not required by CEQA; and <br />WHEREAS, the Addendum, attached hereto as Exhibit "A" and made a part hereof, <br />to the certified Final EIR was prepared pursuant to CEQA and the State CEQA Guidelines; <br />and <br />2 <br />