AgdaPkt 2013-09-23 Closed and Regular

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8.A. - Page 135 The Draft EIR was sent to the State Clearinghouse (State Clearinghouse # 2009012058) for review by participating State agencies, pursuant to CEQA Guidelines. A letter was received from the Clearinghouse stating that the project has complied with its review requirements for draft environmental documents under CEQA. The City received 11 comment letters on the Draft EIR. Comments on the project were also presented at the April 6, 2010 Planning Commission public hearing. Public and agency comments, and the City's responses to the comments, were provided in the August 2010 Final EIR. On August 24, 2010, the Planning Commission voted to certify the EIR for the Laurel Way Project. On August 31, 2010, an appeal of the Planning Commission's certification of the EIR was filed by a resident (Carrie Simon) on behalf of a neighborhood group (Concerned Neighbors of Proposed Laurel Way Planned Development Project). Appellants contended that the EIR did not adequately analyze the environmental impacts of the proposed development. On December 7, 2010, as a separate, but related matter, the Planning Commission reviewed the master PD permit. After taking testimony and providing comments to staff, the Planning Commission continued the item pending additional research and responses to the Commissioners' questions regarding the PD Permit. The Planning Commission raised specific project related issues regarding home size analysis, traffic, slope density, drainage, etc. In addition, it was at this hearing that the City discovered that not all of the lot owners had actually authorized LWJV to file the PD Permit application (although they had previously authorized conducting the environmental analysis). Following the December 7, 2010, Planning Commission hearing, City staff worked with the applicant to ascertain which property owners were actually participating in the PD Permit application. Ultimately, on January 21, 2011, LWJV submitted to the City signed authorization forms from the owners of all but three of the lots within the proposed Project area. The three lots whose owners did not join in on the master PD permit application are the lots identified in Figure 2.1-1 (see Revised Final EIR under separate cover) also known as Lot Nos. 2 (Cicero), 12 (Ramontianu), and 13 (Hanigan). The site plan referenced in Figure 2.1-1 accurately reflects the prior project application that was analyzed in the EIR, which at the time included a proposed tentative map that made minor changes in the lay -out of the lots for the creation of a private road, pedestrian path, and on -street parking. Additional changes were made to the site plan resulting in the merger of three lots (which are under one ownership: lots 12,13, and 14) into one lot known as lot 14A. Ultimately, staff determined that a tentative map was not necessary as it would result in making these non -conforming lots even smaller in size, which was contrary to the intent of the Zoning Ordinance. On March 22, 2011, LWJV withdrew the master PD permit application and associated Tentative Map and asked the City to schedule the EIR appeal hearing. At this time LWJV also informed the City that they would be submitting a revised master PD permit application at a future date, following the City Council's consideration of the EIR appeal.