Reso PC15-13 PC Reso (3112) Approving the PD Permit 3724 Laurel Way

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WHEREAS, On April 17 , 2015 Con Brosnan General Contractor, Inc. (Petitioner), filed a Petition for Writ of Mandate with the San Mateo County Superior Court challenging the Planning Commission 's denial of the Planned Development Permit. The filing stated that 1 . ) the Petitioner was denied a fair hearing by the Planning Commission in that a new issue was raised after the public hearing was closed . According to the Petitioner, the new issue was implementation of a slope/density formula for the determination of maximum floor area that would be permitted on the Project site, and 2 . ) The application of a slope/density floor area formula would result in an arbitrary and discriminatory size limitation that would not apply to similar projects elsewhere in the City. The Petitioner requested that the Court compel the City to issue the Applicant's permit based on the September 6 , 2013 Zoning Administrator's decision ; and WHEREAS, On , July 2, 2015 , the San Mateo County Court directed the City to return the application to Planning Commission for a re-hearing ; and WHEREAS, on July 21 , 2015, the Planning Commission continued the public hearing to a later date; and WHEREAS, on August 21 , a public hearing notice was published in the Redwood City Daily News and mailed to interested parties and all property owners and residents within 300 feet of the Property ;and WHEREAS, on September 1 , 2015, the Planning Commission fully reviewed , considered , and evaluated the record for the Project including the staff reports and attachments, oral and written testimony, and all other documents and evidence in the public record on the Project. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Redwood City approves PD2012-02 for 3724 Laurel Way and finds and determines as follows: 1 . The Planning Commission , having independently heard , considered and weighed all the evidence in the record presented on behalf of all parties and being fully informed of the Project, and the appeal , finds that Appellants have not shown , based on evidence in the record , that the Zoning Administrator's decisions were made in error, that there was an abuse of discretion by the Zoning Administrator, that the Zoning Administrator's decision was otherwise improper, or that the City's notices, agendas, A I IY/RES0.3112/PC RESO APPROVING THE PD PERMIT REV: 08-20-15 VR Page 2 of 3