AgdaPkt 2013-09-23 Closed and Regular

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8.A. - Page 136 Appeal On August 22, 2011, the City Council considered the EIR appeal. The appeal raised the following issues: (1) Are there any material flaws in the EIR's analysis of the environmental impacts of the Laurel Way Planned Development? (2) Should the City proceed with certification of an EIR in the absence of an actual pending development application? Based on the issues raised at the August 22, 2011 hearing the City Council took the following actions: 1. Granted the appeal; and 2. Directed staff to revise the EIR to remedy the two deficiencies: A. First, the analysis of geological impacts (in Chapter 3.5 of the Draft EIR) concluded that all potential geological impacts could be fully mitigated with implementation of specified mitigation measures. However, both of the mitigations measures set forth in the Draft and Final EIR (Geology -1 and Geology -2) contained qualifying language, stating that these measures shall be implemented "to the extent feasible." To correct this deficiency, the mitigation measure needed to be re -written with definitive language to avoid any ambiguity. B. The second deficiency related to Appendix C of the Final EIR. That appendix purported to identify the building square footage of other homes in the vicinity of the proposed development. However, staff determined that the data in this appendix was incorrect (based upon an incorrect interpretation of data), and that the appendix significantly overstated the sizes of existing homes. To correct this deficiency, the data was verified and the appendix was revised. By consensus the City Council also referred the matter back to the Planning Commission to reconsider the adequacy of the Revised Final EIR. New 2011 Master PD Permit Application On September 9, 2011, the applicant submitted a new master Planned Development Permit application. The new application is for a project that covers less land area, and resulting in two fewer residences, see table below for a comparative analysis. It is important to note that this EIR evaluated residences in the range of 3,200 — 5,120 square feet for the Laurel Way project. These residences are on the larger end of the spectrum for homes within the immediate neighborhood, especially when compared with homes built prior to 1980. However, with appropriate architectural design and landscaping considerations, both of which will be regulated under individual Planned Development permits as defined by the master Planned Development permit, the future residences can be contextually compatible to the neighborhood and its environs. Moreover, the City's Zoning Ordinance allows residences that exceed those that are proposed by the applicant. For example, on a 10,000 square foot lot, one could propose the following. Ground floor area — 4,000 SF (40 percent maximum lot coverage) Second floor area — 4,000 SF Half -story (approx.) —1,300 SF