AgdaPkt 2009-05-18 - Laserfiche WebLink

Browse Search

--,.,~, .,c." 6.1F Page 1 May 18, 2009 SUBJECT Request for Financial Contribution toward the Preparation of an Environmental Impact Report (EIR) for the Laurel Way Subdivision RECOMMENDAnON Decline to contribute funding toward EIR costs for the Laurel Way Subdivision BACKGROUND The Laurel Way Joint Venture, which is comprised of most of the property owners who own undeveloped parcels on Laurel Way I is proposing to develop the remaining vacant portion of the site consisting of 21 single family lots, which will be consolidated into 18 single family lots. The developer has already deposited funds with the City to begin processing planning entitlements, and a planning consultant has begun preparation of the Environmental Impact Report. All but two of the property owners are participating and contributing in the Laurel Way Joint Venture. The project developer is seeking City funds to pay 18% of the costs of an EIR for this project. In prior conversations with staff on this subject, staff has advised the project developer that after having conferred with the City Attorney's Office, staff has no authority to grant such a request. In 1988, the City Council established a policy that an Environmental Impact Report, including all necessary technical studies, be prepared prior to any new development on Laurel Way. The EIR was to examine the full build-out of the street, and provide comprehensive information (engineering, geology, biology, and other studies) necessary to guide development on Laurel Way. The City policy represented a comprehensive approach to examine the environmental issues associated with development on Laurel Way, and possibly establish development guidelines within that environmental context. The City wished to avoid "piecemeal development" of an area that had so many planning, environmental and engineering-related challenges such as steep slopes, unstable soils, heavy vegetation, etc. The City Council reaffirmed this policy several times as individual project plans were submitted to. the City from 1988 to 1996. On September 16, 1996, the City Council upheld a Planning Commission denial for four variances for a proposed single family home on Laurel Way. By so doing the City Council upheld the policy of first preparing an EIR prior to any development on Laurel Way. Further, the City Council directed staff to explore alternative mechanism$ for funding an EIRt with the possibility of the City contributing a portion of the EIR costs. On October 28, 1996, as an informational item, staff presented a report with respect to alternative mechanisms for funding the EIR. In summary, the staff said and the Council determined that jf there was a voluntary effort shown by the property owners to pay for the EIR, and if a detailed financing plan were submitted to and approved by the City Council, then the City would be willing to consider participation up to a maximum of 180k of the total costs of the EIR. The maximum 180/0 contribution was based on the public right of way being approximately 18%) of the entire subdivision. Approval of any detailed financing plan would