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Process: <br />• Should the additional economic data be brought back to the Economic Vitality <br />Committee? <br />Staff did not believe that bringing this matter to the EVC was necessary. i~Vhen it <br />previously reviewed the project, the EVC commented more generally on the project. <br />Ho~~~ever, staff has sent the economic reports to Committee members. for their <br />comments. <br />• Is the City required to modify the PUD and/or grant a conditional use permit to allow <br />a large scale retail store on this site? <br />A PUD nzodif cation to allow a broad range of retail uses is part of this application. <br />The Home Depot itself does not require a PUD modification but only a conditional <br />use permit since the existing PUD for this site allows lzard~~~are/home improvement <br />stores as a conditional use. A grocery store would also require a conditional use <br />permit. A different type of large retail store may require a PUD modification, <br />depending on the type of use involved. Any business locating in this development <br />must abide by the conditions of approval; any use not able to comply with the <br />conditions would have to apply for a PUD modification. <br />• Clarify why an EIR was not required for this project. Will the new information <br />impact the Negative Declaration? <br />As required by the California Environmental Quality Act (CEQA), staff prepared an <br />initial study for the proposal and determined, based on this analysis, that either the <br />identified potential impacts firom the project ~~~ould either not be significant or could <br />be mitigated to a less than significant level. The traffic report was part of this revie~~~. <br />As a result, staff recommended that a Mitigated Negative Declaration be approved <br />fo~° the project. The Planning Commission agreed. They°efore, an EIR ~~~as not <br />p~°epared. <br />Staff does not believe that the Negative Declaration will be affected by the new <br />information assembled since the City Council hearing. The economic analysis and <br />the traffic study both support staff's original conclusions and do not represent ne~~~ <br />information. <br />• Clarify the Plamling Commission's ability to consider revenue/fiscal issues in making <br />a recommendation on a project. <br />Both State law and City code provide b~°oad discretion to the Planning Commission in <br />its functions, including implementation of the General Pla~z and making decisions/ <br />recomJnendations on land use matters. There is nothing that precludes the <br />Commission fi~om considering fiscal issues as part of its decision on land use matters <br />or development projects; to the contrary, the use of land and the construction of <br />17 <br />