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1 _ <br />:7*azv <br />issues as do the other undeveloped parcels further west. Please refer to the appellant's <br />correspondences. <br />PLANNING ISSUES <br />This appeal requires consideration of the public health and safety issues regarding any <br />construction on Laurel Way. The basic issue is: <br />Should the City Council reafl;nn, retract, or modify its existing policy for this particular lot <br />on Laurel Way? <br />There is a long and somewhat controversial history to development on Laurel Way. That <br />history is summarized in the attached City Council staff reports dated 9/1/88 and 11/26/85. <br />Those documents reveal the development problems and reasoning behind the policy <br />decision to require completion of proper studies and development of public safety <br />solutions for construction in the area. <br />The reports conclude that there are too many environmental, health and safety issues <br />associated with any development on Laurel Way. Those issues include public or private <br />access; sanitary sewers and storm drainage; unimproved street; narrow and steep slopes; <br />non - conformance to lot requirements and the need for variances. <br />In 1988, the City Council required the following measures prior to any development on <br />Laurel Way: <br />• Preparation of an environmental impact report for the entire area <br />• Preparation of improvement plans to determine appropriate grades, street <br />alignments, utilities and storm drainage facilities <br />• Policies to guide the development on an area wide basis, instead of <br />- "piecemeal" <br />• Need for special entitlements (if needed) for off - street parking, setbacks, etc. <br />An EIR and other technical studies would determine the feasibility of developing the entire <br />Laurel Way subdivision, and not just focus on several lots. These studies would provide <br />specific recommendations and guidelines for development within the context of the zoning <br />ordinance as well as important data as to whether variances should be issued or not. Key <br />recommendations regarding limiting house size and lot coverage, lot combinations, and <br />others would be addressed in the EIR. <br />Normally, single family homes are "categorically exempt" from the California <br />Environmental Quality Act (CEQA) and do not require an Environmental Impact Report. <br />However, the City Council in 1988 imposed the requirement of an Environmental Impact <br />Report due the facts that the Laurel Way subdivision is in an environmentally sensitive <br />area (steep terrain and lush vegetation), and the development of all the remaining vacant <br />parcels on Laurel Way could result in cumulative impacts creating a possibility of <br />significant impacts. <br />The City envisioned that the cost would be equitably distributed via a private <br />reimbursement agreement among property owners. An interested party or developer of <br />the vacant parcels would pay up front all EIR and technical study costs (minus the City <br />contribution)'. The developer would then establish a reimbursement agreement whereby <br />' Roadway improvements for Laurel Way (construction and engineering costs) have been <br />_ estimated at approximately $600,000. An EIR may cost about $100,000. So the total costs to <br />conform to the City policy is about $700,000. The City contribution (18% of the EIR cost of <br />$100,000) would be $18,000. This percentage was approved on October 26, 1996, at the same <br />