AgdaPkt 2017-01-09 Closed and Joint

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7.A. - Page 2 The City had complied with CEQA and that the proposed Project was consistent with the DTPP and the DTPP EIR, including its applicable mitigation measures and Statement of Overriding Considerations. The Initial Study concluded no further environmental review was required; The proposed project would not result in any new environmental effects, substantially increase the severity of any impact, or require any new mitigation measures; The proposed project was consistent with the Downtown Planned Community Permit, Tentative Map, Condominium Permit, and Planned Development Permit findings. Following the Planning Commission's approval, two parties appealed the decision. On July 25, 2016, after a duly noticed public hearing, the City Council adopted Resolution 15515 denying the appeal and approving the Project having independently heard, considered, and weighed all the evidence in the record. A lawsuit was subsequently filed in San Mateo County Superior Court by an association of persons called "Redwood City Residents for Responsible Development" (RCRFRD), challenging the validity of the City's actions to approve the Project. The Petitioner in the lawsuit is RCRFRD, the City is the defendant, and the Applicant is a Real Party in Interest. Pursuant to the Settlement Agreement that was entered into between RCRFRD, the City, and JEFFRES on November 17, 2016, the Applicant JEFFRES agreed with RCRFRD to submit a Revised Project to the City, and the City agreed to consider the Revised Project at a duly noticed public hearing. The Revised Project that is described in the Settlement Agreement is now before the City Council for consideration and action. The Revised Project has fewer units and is lower in height than the Project approved by the City Council on July 25, 2016 (by Resolution 15515), as is discussed below. ANALYSIS The Revised Proiect consists of a Downtown Planned Community Permit, Tentative Map, Condominium Permit, and Planned Development Permit to develop a 6 -story building with 4,500 square feet of ground floor retail space, and 68 residential condominiums on floors 2 through 6 (the "Revised Project"). The Revised Project includes a request for the same five Guideline deviations as previously requested in the Project. The differences between the Project and the Revised Project are as follows: Feature I Original Project I Revised Project Stories Eight Six Height 92 -feet 77 -feet, 3 -inches (+/- 6")