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<br /> <br />October 26,2009 <br /> <br />SUBJECT <br />Finger Avenue Subdivision <br /> <br />ReCOMMENDATION <br />1. Consider the applicanfs response to City Council's August 3, 2009 direction as <br />presented in the revised plans for a proposed residential development project at 50, <br />80, and 88 Finger Avenue. <br />2. Take action, by motion, on the applicant's appeal of the Planning Commission's <br />denial of the Planned Development Permit and make appropriate findings <br />(Attachment 1). <br />3. Take action, by motion, on the applicant's appeal of the Planning Commission's <br />denial of the Vesting Tentative Map and make appropriate findings (Attachment 1). <br /> <br />BACKGROUND <br />On August 3, 2009, the City Council considered various appeals which were associated <br />with a proposed residential development at 50, 80, and 88 Finger Avenue. The items <br />before Council at that time included the following and are fully described in the August 3, <br />2009 City Council staff report which was previously provided to Council: <br /> <br />1. Project applicant's request that the City not accept the Finger Avenue Pride <br />Committee's appeal of the approval of an Initial Study/Mitigated Negative Declaration <br />(IS/MND) based on the argument that the appeal wasn't technically filed during the <br />appeal period; <br />2. Consideration of the Finger Avenue Pride Committee's appeal of the Planning <br />Commission's adoption of the IS/MND; <br />3. Consideration of the applicant's appeal of the Planning Commission1s denial of the <br />Planned Development Permit (POP); and <br />4. Consideration of the applicant's appeal of the Planning Commission's denial of the <br />Vesting Tentative Map (VTM). <br /> <br />After conducting a public hearing on all of the items, Council acted on the first two. <br />SpecificaUy, Council accepted the Finger Avenue Pride Committee's appeal of the <br />approval of the IS/MND, which after conducting a public hearing and making <br />deliberations, denied said appeal of the Planning Commission's adoption of the IS/MND. <br />Thus, the ISIMND was adopted as of that action. Council did not take action on the <br />appeals related to the Planning Commission's denial of the POP or VTM. The August 3, <br />2009 staff report presents detailed background about this project proposal, the review <br />process, and the specific issues that have been the focus of the review. The purpose of <br />this staff report is to briefly recount the direction provided by Council to the applicant at <br />the August 3, 2009 meeting and to summarize the applicant's response to this direction <br />as proposed in revised plans. <br />