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7.A. - Page 15
<br /> WHEREAS, on March 14, 2017, the City released for public review the
<br /> Response to Comments memo and on June 8, 2017, the City released for public
<br /> review a revised Response to Comments memo including updated traffic counts and
<br /> responding to all comments received on the IS/MND; and
<br /> WHEREAS, on June 20, 2017, the Commission conducted a public
<br /> hearing to consider the Project and IS/MND adopted Resolution No. 07-07
<br /> adopting the Mitigated Negative Declaration and adopting a Mitigation Monitoring and
<br /> Reporting Program; and
<br /> WHEREAS, on July 5, 2017, Dave Tanner for the Redwood Village Business
<br /> Association (collectively, "Appellant") submitted an appeal of the Planning
<br /> Commission's decision asserting the Commission failed to comply with CEQA and a
<br /> lack of substantial evidence in the record to support the required findings to grant a
<br /> Conditional Use Permit required for the Project, and;
<br /> WHEREAS, on September 11, 2017, the City Council conducted a d u I
<br /> noticed de novo public hearing to consider the Project, the IS/MND and
<br /> received public comments on the appeal and the application; and
<br /> WHEREAS, by this resolution, the City, as the lead agency under CEQA,
<br /> desires to comply with the requirements of CEQA, the CEQA Guidelines, the
<br /> applicable provisions of the California Government Code, and the applicable
<br /> provisions of the City's Zoning Ordinance and Municipal Code, in connection with the
<br /> approval and subsequent implementation of the Project.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
<br /> CITY OF REDWOOD CITY AS FOLLOWS:
<br /> Section 1. The City Council, having independently heard, considered and
<br /> weighed all the evidence in the record, including evidence presented by City staff, the
<br /> Applicant, the Appellant and members of the public, and being fully informed of the
<br /> Project, the Planning Commission's decision, and the appeal, finds that the Appellant
<br /> has not shown, based on evidence in the record, that the Planning Commission's
<br /> decision was made in error, that there was an abuse of discretion by the Planning
<br /> Commission, that the Planning Commission's decision was otherwise improper, or that
<br /> the City's notices, agendas, and appeal procedures were unlawful in any manner, and,
<br /> in the exercise of its independent judgment, hereby denies the appeal. This
<br /> determination is based on the entire record, including without limitation the application
<br /> materials, the IS/MND, the General Plan, the staff reports and attachments prepared
<br /> for the Planning Commission hearing on the Project and the appeal, each of which is
<br /> incorporated herein by reference and which serve as an adequate and appropriate
<br /> evidentiary basis for the findings and actions set forth in this Resolution.
<br /> Section 2. The City Council finds that the above recitals are accurate and
<br /> constitute findings in this matter and, together with the Staff Report and the
<br /> ATTY/RESO.0084/CC RESO ADOPTING CEQA—ROCKETSHIP CHARTER SCHOOL APPEAL
<br /> REV: 09-05-17 VR
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