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4 4' the property owners would pay back the EIR and ultimately roadway construction costs based on some formula related to the benefits conferred on each property. Because of the considerable costs of an EIR, the City Council agreed that the City should contribute a certain percentage (18 %) towards the total cost. As mentioned previously on October 16, 1996, the City Council did uphold the decision of the Zon ng Administrator to deny construction of a 2100 sq. ft. home at 3738 Laurel Way (Brad Whitaker). The applicant needed several setback variances that were ultimately denied by the City Counc?I. By so doing, the City Council did reaffirm the policy. (Note that this home was west of the subject site, more in the rural and unimproved potion of Laurel Way). Also on October 28, 1996, the City Council approved a program to attempt a voluntary effort among Laurel Way property owners to produce an environmental impact report. Staff did contact all the property owners at that time to invite their participation. However no property owners were willing to do so. Also since that time there have been some attempts by realtors and developers to organize the property owners to participate in such an assessment district. That effort, too, has failed. ALTERNATIVE Based on staffs interpretation of the existing City Council policy and in order to be consistent with that policy, staff had no choice but to deny the Architectural Permit. However, if the City Council wishes to do so, it may approve the Architectural Permit subject to the following conditions: a) That the applicant obtain a Building Permit. b) That all sidewalk, infrastructure, and driveway improvements fronting the property shall be constructed to the satisfaction of the Engineering and Construction Department. c) That if, and when, improvements are made to the remainder of Laurel Way including the preparation of the EIR via a private reimbursement agreement, then the property owner of the subject parcel shall participate in such an agreement to pay a proportional share of the improvements. The amount of contribution shall be equal to the subject's property's area in proportion to all the remaining vacant parcels on Laurel Way as of September 18, 2000. (one of twenty-three vacant parcels or 4.3% of the total vacant lots) d) That these conditions be recorded with San Mateo County Recorder's Office. Tom Passanisi Michael Church Ed Everett Principal Planner Planning & Redevelopment City Manager Attachments: 1) Notice of Official Action dated 7/31/200 2) Appellant Correspondences dated 8/1/2000 and 7/7/2000 3) Staff Report and Minutes from Council Meeting of 9/12/88 4) Staff Report dated November 26, 1985 time the City Council upheld the denial for a variance to construct a single family home at 3738 Laurel Way.