AgdaPkt 2014-07-28 Closed, Special and Joint SA

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8.B. - Page 3 In light of these concerns, by a 5 to 1 vote (Councilmember Nancy Radcliffe was absent, Vice Chair Rachel Holt dissented) the Planning Commission directed staff to return with revised resolutions (the original staff recommendation was for approval). On February 4, 2014, the Planning Commission took the following actions: 1. Certified the Final EIR, adopted CEQA Findings of Fact, and did not adopt Statements of Overriding Consideration (see Attachment 6). Discussion: Certification of Final EIR: In certifying the Final EIR, the Planning Commission determined that the Final EIR was prepared in full compliance with State law, including but not limited to CEQA and the CEQA Guidelines, that there was adequate public review on the Draft EIR, that it had considered all comments on the Draft EIR and responses to comments, that the Final EIR adequately discusses all significant environmental issues, and that the Final EIR reflects the independent judgment and analysis of the Planning Commission. Please note the EIR is no longer considered certified due to the appeal. Statements of Overriding Consideration: In determining whether to approve the Project, the Planning Commission, in accordance with CEQA Guidelines Section 15093, balanced the economic, social, technological, and other Project benefits against the significant and unavoidable noise impacts, and found that the benefits of the Project do not outweigh the significant adverse environmental effects. 2. Denied the Use Permit application based on the EIR findings (including the finding that the benefits of the Project do not outweigh the impacts) as well as the following findings (for reference, see Attachment 7): a) The proposed use would not be consistent with the various elements and objectives of the General Plan and Zoning regulations for the subject location. The Project would not further General Plan policies that encourage more complete neighborhoods because the Project's vicinity is already deemed a complete neighborhood with existing complementary uses; and b) The proposed use is not compatible with surrounding uses. The neighbors have expressed concerns regarding traffic and safety resulting from the expansion of Roosevelt School, and the Project would exacerbate the existing conditions and create a negative impact on the residential living environment. Therefore, in accordance with Policy BE 2.5 of the General Plan, the Planning Commission believes that the City must protect neighborhoods from such negative impacts. Appeal