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<br /> <br />REPORT <br /> <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />.November 13, 2000 <br /> <br />Subject <br />Appeal of Planning Commission Certification of the Final Environmental Impact Report for <br />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 />Background <br />On October 17, 2000, the Planning Commission conducted a public hearing on the Final <br />Environmental Impact Report (FEIR) for the proposed Downtown Retail-Cinema project. <br />At that meeting the Commission determined that the FEIR met the requirements of the <br />California Environmental Quality Act (CEQA) and certified the FEIR based on the finding <br />that: . <br />. The Final EIR had been completed in compliance with CEQA. <br />. The Final EIR which was certified for decision-making to the decision-making <br />body of the lead agency (City) for review and consideration prior to approving <br />the project, and for a determination - <br />. That the Final EIR reflects the lead agency's independent judgment and <br />analysis. <br /> <br />The certification was made after a nine-month process to analyze, review, and deliberate <br />on the potential environmental impacts of the proposed project at numerous public <br />hearings on the EIR. Those meetings were as follows~ <br />. January 18, 2000 - 1st Scoping Session <br />. February 1, 2000 - 2nd Scoping Session <br />. August 1, 2000 - 1 st Public Hearing on the Draft EIR <br />. August 15, 2000 - 2nd Public Hearing on the Draft EIR <br />. October 17, 2000 - Public Hearing on the Final EIR <br /> <br />An appeal. of the Planning Commission's decision to certify the FEIR has been filed by Mr. <br />Ted Hannig, Hannig Law Firm, on behalf of Powerhouse Gym ("appellant") located at 2075 <br />Broadway on the corner of Jefferson Ave. and Broadway. <br /> <br />Issues <br />The appellant essentially raised three issues in the appeal: <br /> <br />1. That the FEIR improperly failed to analyze the impact of the City's recently enacted <br />1 <br />