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<br />8.8-3 <br /> <br />does not clearly distinguish between roadway which is improved to City standards and <br />the substandard paved portion. The Resolution refers to Exhibit A, described below. <br />. Exhibit A - Map: The EIR - No EIR Line shown on the map, as an exhibit to the <br />Resolution clearly matches the description of the location of the line in the December <br />18, 2000 staff report. <br /> <br />The property owner of 3730 Laurel Way has informed the City that he believes that the <br />resolution language implies that any property with frontage on any paved portion of Laurel <br />Way, either to City standards, or substandard as is the case with his property, can be <br />developed without an EIR. Staff disagrees with this interpretation based on the specitrc <br />information in the 2000 staff report and the map, Exhibit A, which shows the line <br />delineating between the standard and substandard paving. Furthermore, the resolution <br />also contains language that refers to the presence of utilities within the standard paved <br />portion and the rest of the street. <br /> <br />Since December 2000, Planning Services has consistently used the map in Attachment A <br />for counter handouts to inform the public about development regulations on laurel Way. At <br />the meeting on December 18, 2000 the staff presentation, public hearing, and Council <br />discussion were referenced to the staff report. A PowerPoint presentation was also shown <br />that included the map used for Attachment A in the resolution. Staff strongly believes that <br />Council's intention was for the "EIR - No EIR Line" to be located as shown on that map. <br />Minutes to the Council meeting of December 18, 2000 are provided in Attachment 5. Staff <br />believes that the resolution should be amended to clarify the references to paving, as <br />proposed in Attachment 6. <br /> <br />The Council has considered this policy with respect to another property on the EIR side of <br />the line in December 2003. The property owner of 3738 Laurel Way sought to develop that <br />lot with a single family home without preparing an EIR or the other plans and studies. 3738 <br />Laurel Way's frontage includes both an unpaved portion and a paved, but substandard <br />portion of the street. The Zoning Administrator denied the Architectural Permit and the <br />property owner appealed to City Council. The City Council denied the appeal, which <br />supports the policy that the intended location for the EIR - No EIR Line is as shown on the <br />above map. <br /> <br />Alternative <br />Determine that the location of the "EIR - No EIR Line" should be at the transition of the <br />Laurel Way surface from an unpaved substandard roadway to a paved, although also <br />substandard roadway. This determination would allow four vacant properties east of 3738 <br />laurel Way to be developed without preparation of an EIR. <br /> <br />Fiscal Impact , <br />There will be no change in fiscal impa t if Council confirms the policy-as it has been ,J <br />administered. ( // ¡'~ <br />ç;;,j: ) / / / <br /> <br />~s, ~ 0 Patterson '-'Ed E;~re/L C \.C , <br />Senior Planner C mmunity Development Services Manager City Manager <br /> <br />