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can be mitigated and she feels more comfortable sending this back to the Planning Commission and knowing that staff took a careful look at houses on slopes. She reiterated that the goal is not to stop development but to make sure that what is done is done correctly. Ms. Thompson said the EIR has not been certified and if you Council grants the appeal it returns to the PC for addressing the deficiencies that were mentioned tonight and in the staff report. The City Attorney explained that without a full project paired with the EIR then this matter can't move forward. One Council Member inquired if we have the same situation in other areas. She shared concerns about the houses at the bottom of the hill and if we they have the same issues. Mr. Lyon explained that staff needs to research this in order to respond. This Council Member inquired about the overall timeline and Ms. Thompson said that it really depends on the project applicant and when the application is turned in and paired with the EIR then things can move forward because without having the two there can't even exist a legal appeal. Mayor Ira asked if this is the first time staff recommends upholding the appeal and Mr. Lyon said no. Mayor Ira said this is a unique situation because of the developer being the land owner and the Mayor understands both sides of the coin. He agrees with sending this back to the Planning Commission and then come back. City Attorney Thompson asked if there is some direction on the slope density and FAR. One Council Member thinks it warrants looking into but it is a bigger issue and he does not want to hold up this project for that work or vice versa. This Council Member opined that looking at this in parallel would be ideal. Dr. Bell said that this could be addressed as part of the General Plan in a parallel track and Council seemed to concur. M/S Bain/Pierce to 1) grant the appeal and 2) direct staff to revise the EIR to remedy the two deficiencies it has identified. By consensus Council also directed that, after staff has remedied those deficiencies, the matter be referred back to the Planning Commission to reconsider the adequacy of the EIR as revised. Motion carries unanimously by electronic vote. 9. MATTERS OF COUNCIL INTEREST A. Designation of Voting Delegate for the League of California Cities Annual Conference. M/S Pierce/Seybert to designate Vice Mayor Alicia as the voting delegate and if she is unable have Council Member Pierce will be the alternate. Motion carried unanimously by voice vote. MINUTE ORDER 11-145 B. City Council Member Report of Conference/Meeting Attendance -Council Member Gee reported on the San Mateo Rail Corridor meeting receiving a reported on the plausibility of high speed rail passing in local cities. He noted the JOINT CITY COUNCIUREDEVELOPMENT AGENCY BOARD AUgUSt 22, 2011 MEETING MINUTES PAGE 17 MINUTE BOOK NO. 63 Page No.389