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Based on the findings made by the Planning Commission as documented in the Draft Notice of Official Action (Attachment 1), for development of 1581-1617 Kentfield Avenue: 1. By motion, deny the appeal and thereby uphold adoption of the Initial Study/Mitigated Negative Declaration; 2. By motion, deny the appeal and thereby uphold approval of the Planned Development Permit; 3. By motion deny the appeal and thereby uphold approval of the Tentative Map. (603) Mr. Mehra, Associate Planner, provided the staff report (presentation on file). Ms. Ekas, Planning and Engineering Manager spoke about the outreach done to date and she personally apologized for the sequence of the notices (presentation on file). She said that tenants and owners were noticed acknowledging that this is a special case. Mayor Foust thanked both parties involved in the appeal for the level of respect expressed and she outlined the sequence of events for the evening. Brad Smith, the developer with Pacific Peninsula Group, addressed the Council and presented an overview of the project (presentation on file). He provided details on the size, scale and public benefit of the project. Council asked about the shadow studies performed and Mr. Smith provided details. The appellant Mr. Bautista addressed the Council (presentation on file). He made comments relating to impacts to the neighborhood, the size, scale and traffic impacts associated with the project. Mayor Foust opened the public hearing and invited public comment. Public Comment Sister Suzanne Lasseigne said that she is actively involved in volunteering and in sustainable gardening to reduce landfill. She talked about her concerns with the number of people/units, the increased amount of garbage that would be generated, and how she has not seen any plans for recycling, composting or sustainable gardening. She suggested that the developer revise the plan to reduce the number of units, facilitate green space, and opined that there are better uses for the property. Sister Frances Tobin shared her concerns regarding water drainage, the retaining wall not going all the way, the map not being clear, decreased privacy in her backyard, property values, the type and direction of lighting, how an existing oak heritage trees nearby can or cannot continue to thrive, and pollution. She asked Council to carefully consider revamping and reducing the number of units and she thanked Council and the developer. Mike Reardon said he has lived on Union Avenue for 26 years and said he is in the building trades. He stated his concerns with what he considers overbuilding, infringement on the neighborhood's quality of life and dynamics, impact on ground water and the retaining wall, and increased parking problems. He opined that the plan should comply with the original Code and he questioned if allowing a change isn't setting a precedent. REGULAR CITY COUNCIL MEETING JUNE 1, 2009 MINUTES PAGE 5 MINUTE BOOK NO. 62 Page No. 378