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ATTACIEVIENT "A" <br /> Appeal of PA— 1000 13 1 IPA-1200065 <br /> Approved by Planning Commission on December 20, 2012 <br /> 1. Basis ofAppeal. The Planning Commission erred in certifying the Environmental Impact <br /> Report(EIR) (PA-1200065) and in approving the conditional use permit(PA-1000131) <br /> (collectively, the Project). As stated in Appellant's counsel's letters dated November 13, <br /> 2012 and December 20, 2012 (incorporated herein by this reference), the Project's traffic <br /> and air quality impacts still have not been properly assessed pursuant to the requirements <br /> of the California Environmental Quality Act(CEQA). Additionally,the County's <br /> statement of overriding considerations is not supported by substantial evidence. As a <br /> result, the Planning Commission lacked sufficient and substantial evidence to support <br /> required Findings 2, 4, and 5. The Planning Commission also contradicted its long- <br /> standing practice of granting each side to a contested land use matter at least one <br /> continuance, prejudicing Appellant's ability to present its case. <br /> 2. Conditions and/or Findings Being Appealed. In the absence of the appropriate analysis <br /> and mitigation measures and conditions of approval for the Project's traffic and air <br /> quality impacts, the Planning Commission erred in making required Findings 2, 4, and 5 <br /> in the affirmative. Appropriate environmental review should be conducted to determine <br /> whether the required findings can be made, and if so, to provide substantial evidence to <br /> support the findings. <br />