Item 27 - Appeal Application Nos. 2020-03 and 2020-04 - Central Pointe Mixed-Use Development

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jmf 1/05/21 substantial increase in the severity of previously identified significant effects; (2) Substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or SEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR and SEIR was certified as complete, shows the project will have one or more significant effects not discussed in the previous EIR or SEIR, significant effects previously examined will be substantially more severe than shown in the previous EIR or SEIR, or mitigation measure measures are applicable to the project. As stated in the Planning Commission staff report, presentation, and Planning Commission Resolution No. 2020-38, none of these findings are applicable, and therefore the Project does not require subsequent environmental review. IV. The Planning Commission's responsibilities include decisions regarding land use and zoning as prescribed by ordinance. There is no City ordinance regarding community workforce agreements for private development projects. V. The Metro East Mixed -Use Overlay, Active Urban subzone permits mixed -use development. The project proposes 644 residential units and 15,130 square feet of commercial space. The Metro East Mixed - Use Overlay does not require a minimum amount of commercial square footage for a mixed -use development. A Traffic Impact Analysis was prepared for the proposed project and reviewed by the City's Public Works Agency. The recommendations of the study will be implemented with the construction of the project. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the Planning Commission's decision on the Project, and Appeal Application Nos. 2020-03 and 2020-04, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Commission, and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. The City Council hereby further finds, determines, and declares as follows: Based on the substantial evidence set forth in the record, including but not limited to the Environmental Impact Report No. 2006-01 (SCH No. 2006031041) and Subsequent EIR No. 2018-15, the City Council finds that, in accordance with the California Environmental Quality Act, the Project has been determined to be adequately Resolution No. 2021-XXX Page 9 of 12