AgdaPkt 2011-02-07 - Laserfiche WebLink

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6.3B Page 1 REPORT To the Honorable Mayor and City Council From the City Manager February 7, 2011 SUBJECT Rescission of all actions approving the 50, 80 and 88 Finger Avenue Project RECOMMENDATION Rescind, by resolution, all approvals for the 50, 80 and 88 Finger Avenue Project pursuant to the Stipulated Judgment and Order of the Superior Court for the County of San Mateo (See Attachment 1) BACKGROUND On October 26, 2009, Redwood City adopted a mitigated negative declaration (MND) pursuant to the California Environmental Quality Act (CEQA) and approved the 50, 80 and 88 Finger Avenue Project (Finger Avenue Project), which project includes the development of a nine -lot single - family subdivision on a 1.7 -acre site located at 50, 80, and 88 Finger Avenue in Redwood City. The City also filed a Notice of Determination for the Finger Avenue Project on October 27, 2009. On November 10, 2009, Friends of Cordilleras Creek and Finger Avenue Pride Committee (collectively "Friends ") filed a Petition for Writ of Mandamus and Complaint for Injunctive Relief (the "Writ Petition ") in the County of San Mateo, San Mateo County Superior Court, Case No. CIV489446. Friends filed the Writ Petition to set aside the City's adoption of the MND and approvals of the Finger Avenue Project, alleging in the Writ Petition violations of CEQA. To address the issues described in the Writ Petition and raised in the Action by Friends, McGowan (developer) and Friends negotiated a settlement of the Action, and presented the terms of the settlement to the City for its review and consideration. To cooperate with McGowan and Friends and to facilitate implementation of the settlement, the City agreed to the terms proposed by McGowan and Friends, as set forth in the Stipulated Judgment and Order (Order) issued July 29, 2010 by the San Mateo County Superior Court (Court). The Stipulated Judgment and Order provides that the approved Settlement Agreement between McGowan, Friends and the City, entitled the "Finger Avenue Settlement Agreement," (the "Settlement Agreement ") shall become the Order of the Court. This matter is before you today because pursuant to the first paragraph of the Settlement Agreement, the parties have agreed that the City shall rescind all of the approvals related to the Finger Avenue Project, as described in the recitals of the Settlement Agreement. The approvals to be rescinded include the Initial Study /Mitigated Negative Declaration, the Planned Development Permit, and Vesting Tentative Map. (See Attachment 1) In addition to rescinding the approvals related to the Finger Avenue Project, the parties also