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8.A. - Page 244 <br />8.A. - Page 2 <br />LWJV has thus since withdrawn the Planned Development Permit application and has <br />indicated that it intends to file a new application, which excludes the three lots whose <br />owners are not participating. LWJV has nonetheless requested that the City Council <br />proceed with hearing the appeal of the certification of the EIR, in the absence of an <br />actual project application. <br />The appeal raises the following issues for Council's consideration: (1) Are there any <br />material flaws in the EIR's analysis of the environmental impacts of the Laurel Way <br />Planned Development as previously proposed? (2) Should the City proceed with <br />certification of an EIR in the absence of an actual pending development application? <br />Both issues are further discussed below. However, to summarize, City staff has <br />identified two problems with the EIR. These problems are described further below, but <br />briefly, they include (1) lack of clarity as to the feasibility of mitigating slope impacts, and <br />(2) incorrect information in the Final EIR as to the sizes of existing homes in the <br />neighborhood. Thus, staff recommends that the Council grant the appeal and direct <br />staff to work with the project consultants to amend the EIR to remedy these problems. <br />This approach should not result in any material prejudice to the applicant, since there is <br />no application currently pending. It is anticipated that the applicant will submit a revised <br />application in the near future, and staff will then incorporate a revised project descriptlon <br />reflecting the new application into the EIR as part of the revisions. <br />BACKGROUND <br />Laurel Way is a substandard private street that is part of a residential subdivision <br />created in 1926 when the area was still under the jurisdiction of San Mateo County. The <br />street was offered for dedication but was never accepted by San Mateo County. The <br />subdivision was annexed into the City of Redwood City in 1969, but the street was not <br />accepted for public dedication by the City due to its substandard width. In 1970, the <br />City prepared some improvement plans for the street including retaining walls, but the <br />improvements were never constructed due to lack of interest by some of the property <br />owners. The lots in this subdivision are generally very steep (average lot slope per lot <br />range from 22% to 40%) and are considered legal non -conforming because they do not <br />meet the City's slope density requirements, as established in Article 32 of the Redwood <br />City Zoning Ordinance, which requires significantly larger parcels. <br />In 1988, the City Council established a policy that an EIR, including all necessary <br />technical studies (i.e., geotechnical, hydrology/drainage, biology, arborist, and traffic <br />reports), be prepared prior to any new development of vacant parcels in the subject <br />area, or roadway improvements on Laurel Way. The City had concerns about the <br />substandard street, the steep and narrow lots, the potential loss of existing vegetation, <br />slope stability, drainage, grading, poor emergency vehicle access, and other issues. <br />The City required a comprehensive approach in order to evaluate the environmental <br />issues associated with the proposed development on Laurel Way, with the goal of <br />establishing development guidelines that relate to this unique environmental context. <br />The City wished to avoid "plecemeal development" of an area with complex planning, <br />