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8.B. - Page 6 <br /> EIR Certification <br /> The Planning Commission certified the EIR in accordance with the California <br /> Environmental Quality Act. By certifying the EIR, the Planning Commission was not <br /> deciding whether the project should be approved, the certification only confirmed the <br /> EIR was completed in accordance with the law. Given the appeal, however, this EIR is <br /> no longer considered certified. <br /> Statement Overriding Considerations <br /> Per CEQA, projects with a "significant environmental impact" may move forward, <br /> however the responsible agency (in this case the City) must adopt a "Statement of <br /> Overriding Considerations ". This statement must spell out why the benefits of the <br /> project outweigh significant adverse impacts. In this case, the Planning Commission <br /> found that the benefits did not outweigh the impacts (which in this case was noise), and <br /> therefore declined to adopt the statement of overriding considerations via resolution. <br /> Use Permit <br /> The actual planning entitlement a private school must obtain in order to operate in a <br /> residential area is a use permit ". In order for a use permit to be approved, the <br /> associated environmental review must be adopted and certain findings in the Municipal <br /> Code must be made. As noted above, the Statement of Overriding Considerations was <br /> not adopted by the Planning Commission, therefore the use permit could not be <br /> approved. Furthermore, the Planning Commission found that it could not make the <br /> required Municipal Code findings #2 and #3 below, and therefore denied the use permit. <br /> To deny a Use Permit, the inability to make at least one of the findings below would <br /> suffice. The two findings that were not made related to this project are in bold below and <br /> an explanation of why these findings were not made elaborated on in this report: <br /> 1. The Project and improvements proposed by Use Permit Application No. UP2012- <br /> 18 are consistent with, conform with the intent of, and will appropriately <br /> implement Zoning Ordinance Article 42 for the Project; and <br /> 2. The proposed use will be consistent with the various elements and <br /> objectives of the General Plan and any applicable Specific and Precise <br /> Plans, and zoning regulations for the subject location; and <br /> 3. The proposed use is compatible with surrounding land uses; and <br /> 4. The use and its associated structures and facilities will not be detrimental to the <br /> public health or safety, the general welfare, or the environment; and <br /> 5. The use and facilities will not adversely affect or conflict with adjacent uses or <br /> impede the normal development of surrounding property; and <br />