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industrial base. Denial of the conditional use permit is consistent with limiting the encroachment <br />of incompatible uses in the industrial area. <br />ENVIRONMENTAL ANALYSIS <br />If — and only if — the Board denies the application, the matter is statutorily exempt from the <br />California Environmental Quality Act (CEQA) per CEQA Guidelines, Article 18, Statutory <br />Exemptions, Section 15270, "Projects Which Are Disapproved." That guideline provides that <br />CEQA does not apply to projects which a public agency rejects or disapproves. Staff advises, <br />however, that should the Board of Zoning Adjustments disagree with the staff recommendation and <br />wish to consider approving the application, additional environmental impact analysis would first be <br />required. The Board of Zoning Adjustments would therefore need to direct staff to prepare an Initial <br />Study, which would result in the preparation of either a Negative Declaration or an Environmental <br />Impact Report. A vote by the Board or any other final City decision making body could not occur <br />until these studies were concluded, circulated for the required review period, and certified or <br />approved as adequate by appropriate City decision makers. <br />Why was no negative declaration prepared? This is a denial of due process, and denies the Board <br />fair information to evaluate the decision it is being asked to make. <br />PUBLIC OUTREACH <br />Legal requirements for notification of this meeting included publication of a legal notice and <br />posting of the meeting agenda at City Hall a minimum of 72 hours in advance of the meeting <br />date. In addition, a legal ad was placed in the Daily Review and notices for the hearing were <br />sent to all businesses and property owners within a 300 -foot radius of the project site. Notices <br />were posted on the property and on telephone poles or light poles within the 300 -foot radius. In <br />addition, courtesy notices were sent to the following homeowners associations: Manna Faire, <br />Manna Gardens, Marina Seagate, Marina Vista, Bonaire, and Washington/Manor. <br />RECOMMENDATION <br />Staff believes that the findings required for approval of the conditional use permit cannot be <br />made for this proposal, as outlined in the attached Recommended Findings of Fact. The primary <br />proposed assembly use is not a permitted or conditionally permitted use in the IP District would <br />also not be compatible with existing, adjacent industrial development in the immediate vicinity and <br />does not meet the requirements of Article 17, Off -Street Parking and Loading Regulations. Staff <br />recommends that the Board of Zoning Adjustments make the attached Findings and deny <br />PLN2007-00013. <br />Staff advises, however, that should the Board of Zoning Adjustments disagree with the staff <br />recommendation and wish to approve the project, that additional environmental analysis would be <br />required. The Board of Zoning Adjustments would therefore need to direct staff to prepare an Initial <br />Study, which would result in the preparation of either a Negative Declaration or an Environmental <br />Impact Report. A favorable vote by the Board or any other final City decision making body could <br />BZA Staff Report December 6, 2007 <br />PLN2007-00013 Page 9 of 11 <br />