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7A. <br /> . Page 56 : <br /> � <br /> Mayor Rosanne Foust <br /> City of Redwood City � <br /> July 28, 2��9. � <br /> Page 3. <br /> 1 <br /> 1 <br /> FAPC's attorney indicates the City's websifie, "App�als of Planning Approvals" j <br /> provides for appeals to be filed within seven (7} days of the Gity's "Official Na#ice". V1(e ; <br /> would agree that this website provision is misleading and is incorrecfi. I#was probably ' <br /> � <br /> written by staff. There is no provis�on for extending the jurisdictional time for appeal <br /> under Redwood City Code Sectivn 48.2 by staff preparing; without any time limits, <br /> staff's versiQn of tJfficial Action. Staff, hypothetically could t�ke a t�r�on}h or mvre ta get � <br /> such a Notice out, and would that then extend time to appea�to effecfive(y thirty seven : <br /> ; <br /> (37) days or mvre? The City's Cvde does not provide far such a procedure. ; <br /> The City Council's action on FAPC's appeai has consequences for both par�ies. <br /> Because the appeal is frvm a California Environmentaf Quality Act (CEQA) ac#ion, no� <br /> allowing the appeal cuts off fur�her CEQA challenges and litigation due to a failure to � <br /> exhaust administrative remedies. Public Resources Code Section 21177, tJn the other � <br /> hand, if�he appeal is allowed to be heard, alf of the CEQA issues will be fair game in a i <br /> CEQA iifigation, and need to be heard at next Monday's meeting by the Cvuncii. !f the � <br /> FAPC appeal is not heard, opponents of the project wi11 sti]1 be allowed to be heard on ; <br /> i <br /> the project itsel#. ? <br /> ; <br /> ln summary, we belie�e fihe late filing of the FAPC appeal is jurisdictiona! and the j <br /> City Council cannot hear the FAPC appeal, and should act on August 3, 2�Q9 to deny ; <br /> the appeal on the grounds that it was filed late. � <br /> � <br /> inc e1y, <br /> ; <br /> � <br /> �°�� �fi� . �-" � <br /> i <br /> � <br /> RQBERT . LANZ�NE <br /> attachments �2} <br /> cc: via e-mail City Attorney I <br /> Cify Planning Staff � <br /> K. McGowan <br /> Susan Brandt-Hawley <br /> , <br /> Q:1f�t1ys1rj11McGow�\MayorFousi.�vpd <br />