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6.1C Page 46 REPORT "., I ,. . . .' ' . '.:' '- -: .: ""'"",, "',::; " To the Honorable Mayor and City Council Fro'mthe City Mana'ger December 18, 2000 SUBJECT 1. Appeal of the Decision by the Zoning Administrator to Deny an Architectural Permit to Construct a House at 3718 Laurel Way. 2. Revision of Policy Regarding Portion of Laurel Way Area Requiring Area-Wide Environmental Impact Report for Development RECOMMENDATION a. Review the attached findings, and if appropriate, by motion uphold the appeal and approve the findings to allow development on 3718 Laurel Way b. Adopt resolution restating policy regarding development of certain parcels of real property fronting on Laurel Way BACKGROUND On October 23, 2000, the City Council reviewed an appeal of the denial of an Architectural Permit of a property owner who wishes to construct a two story home on a vacant parcel located at 3718 Laurel Way. (Please refer to the attached staff report.) After hearing public testimony, the City Council directed staff to return with some findings that would differentiate the subject parcel and other adjoining parcels from those that would require an Environmental Impact Report ("EIR") and other technical studies. Upon review and receipt of these findings, the City Council could uphold the appeal with staff recommended conditions. Please refer to the attached minutes. ISSUES 1. Varied Circumstances Along Laurel Way Staff has determined that distinguishing facts pertain to two vacant lots, the subject property at 3718 Laurel Way (Assessor Parcel Number 057-301-220), and the parcel directly west of the site (Assessor Parcel Number 053-301-230) 1. Please refer to the attached location map. These facts provide substantial reasons why development may occur on these two parcels without preparation of an EIR and related studies, and not on any vacant parcels along Laurel Way beyond the improved lot at 3726 Laurel Way. The City approved improvement plans for Laurel Way in 19712. At that time, the City proposed establishing an assessment district to finance all the necessary road improvements. It called for retaining walls on most of the steep lots to allow the construction of a 29-ft. wide and, in some instances, a 22-ft. wide roadway. Although the City approved the plans, most property owners were not willing to participate in the assessment district, and the project was abandoned. The improvement plans require retaining walls along many of the parcels in order to allow road widening, However, the two vacant parcels, 3718 Laurel Way (the subject parcel), and the immediate adjoining vacant parcel just west of the site do not require such retaining walls due to I This parcel has no address, so for identification purposes a tax identification number (assessor's ~arcel number) will be used to identify it. Copies of the improvements plans are on file with EngIneering and Construction