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8.A. - Page 2 LWJV has thus since withdrawn the Planned Development Permit application and has indicated that it intends to file a new application, which excludes the three lots whose owners are not participating. LWJV has nonetheless requested that the City Council proceed with hearing the appeal of the certification of the EIR, in the absence of an actual project application. The appeal raises the following issues for Council's consideration: (1) Are there any material flaws in the EIR's analysis of the environmental impacts of the Laurel Way Planned Development as previously proposed? (2) Should the City proceed with certification of an EIR in the absence of an actual pending development application? Both issues are further discussed below. However, to summarize, City staff has identified two problems with the EIR. These problems are described further below, but briefly, they include (1) lack of clarity as to the feasibility of mitigating slope impacts, and (2) incorrect information in the Final EIR as to the sizes of existing homes in the neighborhood. Thus, staff recommends that the Council grant the appeal and direct staff to work with the project consultants to amend the EIR to remedy these problems. This approach should not result in any material prejudice to the applicant, since there is no application currently pending. It is anticipated that the applicant will submit a revised application in the near future, and staff will then incorporate a revised project description reflecting the new application into the EIR as part of the revisions. BACKGROUND Laurel Way is a substandard private street that is part of a residential subdivision created in 1926 when the area was still under the jurisdiction of San Mateo County. The street was offered for dedication but was never accepted by San Mateo County. The subdivision was annexed into the City of Redwood City in 1969, but the street was not accepted for public dedication by the City due to its substandard width. In 1970, the City prepared some improvement plans for the street including retaining walls, but the improvements were never constructed due to lack of interest by some of the property owners. The lots in this subdivision are generally very steep (average lot slope per lot range from 22% to 40%) and are considered legal non-conforming because they do not meet the City's slope density requirements, as established in Article 32 of the Redwood City Zoning Ordinance, which requires significantly larger parcels. In 1988, the City Council established a policy that an EIR, including all necessary technical studies (i.e., geotechnical, hydrology/drainage, biology, arborist, and traffic reports), be prepared prior to any new development of vacant parcels in the subject area, or roadway improvements on Laurel Way. The City had concerns about the substandard street, the steep and narrow lots, the potential loss of existing vegetation, slope stability, drainage, grading, poor emergency vehicle access, and other issues. The City required a comprehensive approach in order to evaluate the environmental issues associated with the proposed development on Laurel Way, with the goal of establishing development guidelines that relate to this unique environmental context. The City wished to avoid "piecemeal development" of an area with complex planning,