AgdaPkt 2003-12-08 - Laserfiche WebLink

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- 1 the adjoining terrain and relatively moderate slope. Also the impacts of roadway and housing construction on these lots would not be as significant as building on the other vacant lots. Most of the lots further west of the site are steeper and have more vegetation. These two vacant parcels also have water and sewer utilities along their street frontage, whereas the parcels west of the site do not. Therefore, three factual circumstances differentiate these oarcels from the other va:.ant parcels west of the site, and could serve as a basis for allowing development without preparation of an EIR and related technical studies. Thrt a circumstances are: • The roadway in front of 3718 Laurel Way (APN 057 - 301 -220) and the adjoining parcel (APN- 053- 301 -230) can be built without adding retaining walls and requiring major grading as identified on improvement plans entitled, "Laurel Way Improvement Unit No. 2," dated 9/13/71 on file with Engineering and Construction. • These properties have water and sewer utilities along their street frontage. • The impacts of roadway construction, grading, and home construction would be less than those impacts on the remaining vacant and steeper parcels. 2. Recommended Improvements Based on these facts, the above two owners of the vacant properties would be able to build on their respective properties and will not have to participate in any future assessment districts or have to contribute toward the preparation of an EIR, technical studies, or other reports. As a condition of development, they would have to build roadway improvements along their entire frontage and extend the improvement across for 22 ft. of the total 29 ft. wide street , thereby improving access. For these reasons those property owners do not have to contribute to all the - technical studies and the EIR for the remaining parcels on Laurel Way. 3. Consistency with Previous Actions If Council agrees with these findings and conclusion, then it should also modify the condition of approval for the developed property at 3726 Laurel Way (Wayne Aozasa Property) so the conditions of that parcel and the appellant's property at 3718 Laurel Way are consistent. It should change the condition of approval at 3726 Laurel Way so that the owner of that property only needs to pay for the roadway improvement and not contribute toward a future assessment district or Environmental Impact Report (similar to what is being recommended for the appellant's property). If approved, staff will contact the owner of 3726 Laurel Way and notify him of these changes. 4. Policy for Remainder of Laurel Way However, all other vacant parcels along Laurel Way that are located westerly of 3726 Laurel Way would have to comply with the requirement that an EIR and technical studies (geological, engineering, etc.) covering the entire undeveloped area be prepared prior to any development in accordance with Council's policy adopted in 1998. Those requirements, as stated in the 1988 staff report, include: Preparation of an environmental impact report for the entire area The reason for requiring a 22 -ft. wide roadway instead of the total of 29 ft. is because the property owner of the existing house across the street at 3729 Laurel Way does not have any obligation to widen his /her frontage. Also to be fair to the subject applicants, they should not have to pay for frontage improvements that benefit the property across the street.