|
09/21/2015
<br />ATTY/RESO.3134/CC RESO APPROVING PLANNED DEVELOPMENT – FINGER RESO. # 15445
<br />REV: 09‐17‐15 VR MUFF # 613
<br />Page 2 of 29
<br />
<br />WHEREAS, on October 25, 2013, the Superior Court of the State of California,
<br />County of San Mateo, issued a Final Statement of Decision after Court Trial, and on
<br />November 15, 2013, the Superior Court issued a judgment upholding the City’s
<br />certification of the EIR but requiring the City to rescind the project approvals based on
<br />its findings that the City did not adequately comply with the requirements of Sections
<br />32.12(F) and 43.3 of its Zoning Code, and that the City did not adequately determine
<br />the “top of bank” for Cordilleras Creek in compliance with its Zoning Code; and
<br />
<br />WHEREAS, on March 10, 2014, the City Council of Redwood City adopted
<br />Resolution No. 15331, rescinding Resolution No. 15218; and
<br />
<br />WHEREAS, on April 28, 2014, the Applicant submitted an amended Planned
<br />Development Permit and Vesting Tentative Map application; and
<br />
<br />WHEREAS, on June 16, 2014, the Applicant submitted additional supportive
<br />materials for the depicted top of bank location; and
<br />
<br />WHEREAS, on July 14, 2014, Kamman Hydrology & Engineering Inc.
<br />(“Kamman”), on behalf of Friends, submitted a letter and supportive material
<br />challenging, among other things, the Applicant’s top of bank location; and
<br />
<br />WHEREAS, on October 2, 2014, the City, upon review of all information provided
<br />by both the Applicant and Kamman/Friends as well as a site visit to physically observe
<br />the creek and top of bank, issued a letter agreeing with the Kamman/Friends top of
<br />bank location; and
<br />
<br />WHEREAS, on November 25, 2014, the Applicant submitted a Use Permit
<br />Application for construction of residential structures and associated impervious
<br />improvements within the 25’ creek protection setback area; and
<br />
<br />WHEREAS, on April 7, 2015, the Planning Commission conducted a duly noticed
<br />public hearing, in accordance with all applicable requirements of the State Planning and
<br />Zoning Law and the Redwood City Zoning Ordinance to consider Planned Development
<br />Permit Application No. PD2008-06 including modifications, Use Permit No. UP2015-23,
<br />and Vesting Tentative Map Application No. TM2008-08 including modifications for a
<br />nine lot residential subdivision, and received and considered oral and documentary
<br />evidence on the applications; and
<br />
<br />WHEREAS, the Planning Commission determined that the proposed Planned
<br />Development Permit including modifications, Use Permit, and Vesting Tentative Map
<br />including modifications for the development of a nine lot residential subdivision would
<br />not further the purposes of and appropriately implement the City of Redwood City
<br />General Plan, applicable provisions of the Redwood City Municipal Code and Zoning
<br />Ordinance because the project, as proposed, is not harmonious with the character of
<br />the surrounding neighborhood; and
|