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07/28/2014 ORIGINAL RESOLUTION NO. 15360 RESOLUTION DENYING THE APPEAL FILED BY CAROL AND NICHOLAS BERG, APPLICANTS FOR THE CAMBRIDGE ACADEMY PROJECT PROPOSED AT 2323-2325 EUCLID AVENUE, AND UPHOLDING THE FEBRUARY 4, 2014 PLANNING COMMISSION ACTIONS IN CONNECTION WITH THE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT AND DENIAL OF THE USE PERMIT FOR THE CAMBRIDGE ACADEMY PROJECT WHEREAS, Carol and Nicholas Berg ("Applicants") have applied for approval of Use Permit Application No. UP2012-18 to operate a transitional kindergarten through 8th grade private school with up to 180 students and 20 employees at the Redwood Baptist Church property, located at 2323-2325 Euclid Avenue ("Project"); and WHEREAS, the City has caused the preparation of an Environmental Impact Report for the proposed Proje�t (the "EIR"), pursuant to the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; hereafter, "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Sections 15000 et seq. of the California Code of Regulations; hereafter, the "CEQA Guidelines"); and WHEREAS, on January 5, 2013, in accordance with CEQA, City staff issued a Notice of Preparation ("NOP") stating the City's intent to prepare the EIR, and from January 5, 2013 through February 4, 2013 the City held a public review period on the NOP; and WHEREAS, on January 29, 2013, the Planning Commission held a Scoping Session on the EIR that served as a forum for the Planning Commission and public to comment on the NOP, learn about the Project, and discuss environmental issues that should be addressed in the EIR; and WHEREAS, on August 2, 2013, the Draft EIR for the Project was released by the City for a 45-day public review and comment period ending on September 26, 2013, and was filed with the State Office of Planning and Research under State Clearinghouse No. 2013012016; and WHEREAS, on September 3, 2013, the Planning Commission held a duly noticed public hearing to take in public testimony on the Draft EIR; and WHEREAS, the City prepared written responses to the comments received during the Draft EIR public review period and included these responses in the Final EIR and prepared a separate document entitled, "Mitigation Monitoring and Reporting Program Cambridge Academy Project, SCH# 2013012016, November 2013," which together with the Draft EIR constitutes the Final EIR; and ATTY/RES0.3002/ATTACHMENT 1 DENYING APPEALS FOR CAMBRIDGE ACADEMY RESO.#15360 REV:07-22-14 VR MUFF#603 Page 1 of 3