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. . , . - (adjoining the Hatfield property)....I think the name was Scott. They drew the line at Hatfield so they were in the business such as you are, where do you draw the line? They said beyond Hatfield is where we find we will invoke the policy because of the condition of the terrain.... The proposal.... made by Hatfield was similar to (Scott) and is dissimilar to the one before you tonight in the sense that both of those related to providing a half - width street and retention of the street as a private right-of-way. The water line, sewer line were both extended and we were granted easements for those extensions, but the street itself remains a private street," and curbs and gutters were not required. Vice Mayor Howard stated that an EIR was essential for that area. In response to her question regarding recouping city funds paid for an EIR which revealed it was not a good idea to build there, City Attorney Schricker said "It's highly improbable that the Environmental Impact Report will show that no construction can be done. The purpose of an Environmental Impact Report is to advise you as to what is the effect on the environment, including the technical requirements which would be necessary for construction. It is conceivable as has been suggested in the past, that the Environmental Impact Report could say that the only probable and practical way of developing would be by combining lots and providing a more stable terrain, essentially creating different configurations of ownerships.... CEQA simply requires that you be advised of what would be the effect on the environment and that in turn you must take that into consideration before you make a decision as to whether or not entitlement should be granted.... The environmental law is a body by itself, and you can't change that by policy. Staff could indeed say to an owner you shall do an Environmental Impact Report which takes into consideration the cumulative effect of your segment, your incremental portion and that Environmental Impact Report would take into consideration the entire, - because of cumulative effects, the full length of Laurel Way. The fact of the matter is, the Council said we understand that.... (The staff) knew that most applicants for development would simply appeal, and so the staff brought it to you and said this is what's going to happen up here. You should give us some guidance. Are we on the right track, or not, and so the Council developed this policy and said an Environmental Impact Report for the entire buildout should be done, because of our perception of what will be the effect of incremental development.... As a practical matter the staff brought this forward knowing full well what would be the results, to save the Council a multiplicity of appeals." In response to Council questions, Senior Planner Passanisi said the anticipated cost of an EIR for the entire area would probably be in excess of $50,000. Councilwoman La Berge said there were no easy solutions to this situation and Councils had made mistakes in earlier years in granting variances to previous property owners. Councilwoman La Berge said in reviewing the history of Laurel Way she saw an area being held together by bandaids. She said if the Council let it continue this way it would never develop into an effective area they way it should. Councilwoman La Berge said "we absolutely need an EIR" for the whole area, but expressed concerns regarding how the EIR should be funded and how all the needed improvements that will derive from the EIR would be funded. She said she believed there was some City - responsibility in funding an EIR. REGULAR COUNCIL MEETING MINUTE BOOK NO. 54 SEPTEMBER 16, 1996 MINUTES Page No. 478 PAGE 13