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Lido Development noting it began as a proposal for 640 residential units. A Draft EIR was circulated in 1992. He said that SBSA objected to residential units that close to the sewage treatment plant, stating residents that close to the plant would later become opponents of the treatment plant concerned about odor, noise, lights and equipment. SBSA said there should be a transition from residential use to its use with commercial uses in between. Mr. Keeeh said that the record shows that after circulation of the DEIR and six months of hearings, expert testimony, discussions and negotiations, "there was a use agreement that was reached between Redwood Shores Properties, SBSA and Redwood City, that created a buffer and a transition between the residential use and the treatment plant." He used slides to show the current plan. Mr. Keech pointed out the newly constructed lagoon that separates the commercial development and the high density three story apartment development, and the single family residential development to the west. He described the deed restrictions on the property to the east ofthe buffer area contained in that compromise agreement which prohibited development on that site, and in exchange SBSA agreed not to oppose any passive commercial uses on the buffer area, such as warehouses, nurseries, etc. Recently SBSA bought the property to the east of the buffer zone. Mr. Keeeh further described the use permit and certification of the Final EIR in January, 1993, designating the buffer area as "CG", and said a Specific Plan was done and approved in July of 1993. The "CG" use designation included, but was not limited to, "low-rise commercial." He said in July of 1993 when the Specific Plan was approved, there was a General Plan Amendment and a Rezoning, both of which designated it as "CG", and the Rezoning limited the height to 75 feet. Mr. Keeeh discussed the General Plan, the "CG" designation, which states, "Such general commercial uses may include, but are not limited to.... low-rise office, R&D. As Councilman Claire mentioned, I don't think this was a mistake. It certainly had controversy at the time and continues to have controversy today, but there was a negotiated agreement that got to and definitely discussed the use of low-rise office R&D uses." Mr. Keech discussed implementation of the Specific Plan policies citing, "Amendments to the zoning regulations which are consistent with and implement the policies of the Specific Plan have also been adopted." Mr. Keech addressed the issue of setting a precedent, and said, "the radio station parcels are zoned Tidal Plain, and would have to go through the same process that occurred in 1992/93, an EIR, a General Plan change, a Rezoning for those parcels to have some designation other than what they are today." Mr. Keech said the first five actions of the City and the sixth action are all discretionary entitlements. "They all involve public hearings and in fact through these first six actions there were 12 or 14 public hearings. The sixth action occurred in May of 1995, when the Vesting Tentative Map was approved for the Lido Project, vesting rights in the various zoning out there." He said the seventh action of the City on this site was the approval of the Final Subdivision Map in June of 1996, which includes all the improvements plans for REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 NOVEMBER 17,1997 MINUTES Page No. 044 PAGE 13