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11/18/2013 WHEREAS, on November 18, 2013, the City Council fully reviewed, considered, and evaluated the Initial Study, staff reports prepared for the Project including attachments to the staff reports, the additional variation from the Downtown Precise Plan's guideline, the negotiated design modifications, oral and written public testimony, and all other documents and evidence in the public record on the Project and the appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDWOOD CITY, AS FOLLOWS: Section 1 . The City Council, having independently heard, considered, and weighed all the evidence in the record presented on behalf of all parties and being fully informed of the Project, the Planning Commission's decision, the appeal, and the negotiated agreement, finds that the Appellant has not shown, based on evidence in the record, that the Planning Commission's decision was made in error, that there was an abuse of discretion by the Planning Commission, that the Planning Commission's decision was otherwise improper, or that the City's notices, agendas, and appeal procedures were unlawful in any manner. This determination is based, in part, on the Initial Study Checklist, the Downtown Precise Plan EIR, the staff reports and attachments prepared for the Planning Commission hearings on the Project and the staff report and attachments prepared for the City Council on the Project and the appeal, each of which is incorporated herein by reference. Accordingly, the appeal is hereby denied, and the Planning Commission's September 3, 2013 decision is modified as set forth herein. Section 2. Initial Study Checklist (IS): In denying the appeal and reviewing the Project as revised on November 8, 2013, the City Council finds that: a. The IS was prepared in accordance with all legal requirements. b. The City Council has reviewed and analyzed the IS and other information in the entire record and has considered the information contained therein, including the written and oral comments received at the public hearing on the Project, prior to acting upon or approving the Project. c. Based on substantial evidence in the record, the proposed Project is within the scope of the previously approved Downtown Precise Plan and is adequately described in the previously certified Downtown Precise Plan EIR for purposes of CEQA. The mitigation measures and Statement of Overriding Considerations associated with certification of the Downtown Precise Plan EIR address the environmental effects of the Project. Accordingly, with the approval of this Project, all applicable mitigation measures and the Statement of Overriding ATTY/RES0.2925/APPEAL OF 525 MIDDLEFIELD RESO. #15305 REV:11-13-13 VR MUFF#603 Page 3 of 12