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8.A. - Page 15
<br />requirements, and adopted Resolution No. 13-05 conditionally approving a Planned
<br />Development Permit and a Lot Combination.
<br />WHEREAS, on April 15, 2013, an appeal of the Planning Commission actions
<br />was filed by the law firm of Shute, Mihaly & Weinberger LLP, on behalf of the Save
<br />Laurel Way ("First Appellant"); and
<br />WHEREAS, on April 16, 2013, a second appeal of the Planning Commission
<br />actions was filed by SSL Law Firm LLP, on behalf of the Laurel Way Joint Venture
<br />("Second Appellant"); and
<br />WHEREAS, on September 23, 2013, the Council held a public hearing, duly
<br />noticed in accordance with legal requirements, on the appeals; and
<br />WHEREAS, the First Appellant, Second Appellant and all other interested parties
<br />were given the opportunity to participate in the public hearing through oral testimony
<br />and the submittal of written comments; and
<br />WHEREAS, on September 23, 2013, the City Council fully reviewed, considered,
<br />and evaluated the Project's Revised Final EIR, staff reports prepared for the Project
<br />including the attachments to the staff reports, oral and written public testimony, and all
<br />other documents and evidence in the public record on the Project and the appeals.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
<br />OF REDWOOD CITY, AS FOLLOWS:
<br />1. The City Council, having independently heard, considered, and weighed
<br />all the evidence in the record presented on behalf of all parties and being fully informed
<br />of the Project, the Planning Commission's decision, and the two appeals, finds that
<br />neither First Appellant nor Second Appellant has shown, based on evidence in the
<br />record, that the Planning Commission's decisions were made in error, that there was
<br />an abuse of discretion by the Planning Commission, that the Planning Commission's
<br />decision was otherwise improper, or that the City's notices, agendas, and appeal
<br />procedures were unlawful in any manner. This determination is based, in part, on the
<br />Revised Final EIR, the staff reports and attachments prepared for the Planning
<br />Commission hearings on the Project and the staff report and attachments prepared for
<br />the City Council on the Project and these appeals, each of which is incorporated herein
<br />by reference. Accordingly, the appeal is denied and the Planning Commission's March
<br />26, 2013, actions are upheld as modified by the City Council.
<br />2. The City Council has considered the Revised Final EIR for the Project,
<br />and the Revised Final EIR reflects the City Council's independent judgment.
<br />ATTY/RESO.2911/LAUREL WAY JV -COUNCIL RESO DENYING APPEALS FOR LWJV
<br />REV: 09-19-13 PT
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