AgdaPkt 2017-09-11 Closed and Joint SA PFA

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7.A. - Page 188 POWLAN CASSIDY LAW 455 Beacon Ridge Lane,Walnut Creek, CA 94597 Stephen K. Cassidy (925)934-4390 skc1aw925(@qmai1.co November 1, 2016 Honorable Nancy Radcliffe, Chair Members of the Redwood City Planning Commission c/o Redwood City Planning &Housing Division 1017 Middlefield Road Redwood City, California 94063 Re: Initial Study and Mitigated Negative Declaration For Rocketship Redwood City Elementary School Project at 860 Charter Street, Redwood City, California, Issued September 2016 To The Honorable Nancy Radcliffe, Chair, and Members of the Redwood City Planning Commission: This firm represents Dave Tanner Inc. and Stewart Painting Inc. in connection with the captioned Initial Study and Mitigated Negative Declaration (collectively, the "MND"). We respectfully submit this letter commenting on the merits of the MND and its compliance with the requirements of the California Environmental Quality Act (Pub. Res. Code §21000) and the Guidelines thereunder (collectively, "CEQA"). Our comments are based on the provisions of CEQA and case law interpreting the requirements for compliance with CEQA. If so requested, we can supply specific citations to authority. As you know, CEQA is intended to provide information and analysis for decision makers and the public to enable an informed decision regarding the environmental impacts of a "project" subject CEQA review and analysis. As the MND rightfully specifies, the proposed Rocketship Elementary School project proposed at 860 Charter Street (the "Project") is a project subject to CEQA review and analysis. For the reasons set forth below, the MND analysis is flawed and is not an adequate informational document compliant with CEQA, and that a full Environmental Impact Report (EIR) is required for the Project to comply with the dictates of CEQA. As such, the Planning Commission cannot approve the Project and must defer action until the City complies with the requirements of CEQA. If the Project is approved without CEQA compliance, the approval will be invalid, and the City will be required to first comply with CEQA and then again review the Project in light of the proper CEQA analysis. Dave Tanner Inc. and Stewart Painting Inc. have advised us that, if necessary, they are willing to initiate litigation to challenge the Project if approved for failure to comply with CEQA.