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FINANCIAL IMPACT: <br />Approval of the project will allow the City to retain the applicant's filing fee, in the amount of <br />$7,381.50. In addition, the City will receive all other applicable permit and construction <br />fees regarding the project. Further, once the project is complete, the City will receive the <br />applicable sales tax increment from the restaurant's retail sales. <br />ENVIRONMENTAL IMPACT: <br />Prior to the Planning Commission's consideration of the project, an Initial Study, Mitigated <br />Negative Declaration and Mitigation Monitoring and Reporting Program were prepared and <br />circulated. Three responses to the circulated documents were received and addressed by <br />City staff. Upon adoption of the proposed resolution, the City will file a Notice of <br />Determination with the County stating that a Mitigated Negative Declaration was prepared <br />for the project and that the City has determined that, through implementation of the <br />approved mitigation measures, the project will not have any significant effects on the <br />environment. <br />RECOMMENDATION: <br />In order to effectuate the City Council's direction on June 4, 2002, Staff recommends that <br />the City Council adopt Resolution overturning the Planning Commission's denial of File <br />Index Number DCV -93-01 and approving a Major Variance, Conditional Use Permit, <br />Design Review application, Mitigated Negative Declaration and Mitigation Monitoring and <br />Reporting Program for a proposed Jack-in-the-Box drive-through restaurant located on the <br />east side of Iowa avenue, south of La Cadena Drive (AP Nos. 167-111-11, 12 and 13). <br />Report Prepared By: Dean Derleth, City Attorney <br />IEW TEAM ONLY <br />Attorney: Finance] <br />Manager: OTHER: <br />RVPUBViG3\634= <br />-2- <br />