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<br />REPORT <br /> <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />EXECUTIVE SUMMARY <br /> <br />November 13, 2000 <br /> <br />Subject . <br />Appeal of Planning Commission Certification of the Final Environmental Impact Report <br />(FEIR) for the proposed Downtown Retail-Cinema project. <br /> <br />Recommendation <br />Deny the appeal of the Planning Commission's Certification of the Final Environmental <br />Impact Report for the proposed Downtown Retail-Cinema project and direct staff to prepare <br />findings consistent with the responses to the issues raised in the appeal. <br /> <br />Issues <br />The issues raised in the appeal are: <br />1. That the FEIR improperly failed to analyze the impact of the City's recently enacted <br />Interim Urgency Ordinance on the project. Related to this claim is the further <br />contention that housing on the Project site was not appropriately considered. <br />2. That there will be a substantial parking shortfall as there will be an overlap between <br />theater patrons and restaurant and retail patrons. <br />3. That the cumulative traffic impacts of several "clogged traffic arteries" will have a direct, <br />adverse impact on lithe entire local traffic network, as well as emergency response <br />implications," and that the FEIR does not adequately analyze the cumulative impact of <br />multiple-clogged arteries. <br /> <br />Major Findings <br />The FEIR has adequately addressed the three issues raised in the appeal. The EIR <br />analyzed a potential mixed-use project with a housing component in Alternative 2; it <br />analyzed the parking needs generated by the project using a professionally accepted <br />model of Shared Parking; and it analyzed cumulative traffic impacts (to 2020) using a <br />methodology that incorporates, not only local, but regional volumes as well. <br /> <br />Additionally, the proposed project is exempt from the Interim Urgency Ordinance because <br />the project could not be approved without a Development Agreement and a Disposition <br />and Development Agreement. Projects that require these agreements are listed as <br />exemptions in the ordinance. <br /> <br /> <br />.."...T-~'~"T-' <br />