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8.A. - Page 251 <br />B.A. • Page 9 <br />ALTERNATNES <br />1. If the Council finds that the Final EIR is adequate, the Council Could overrule the <br />appeal and uphold the Planning Commission's certification of the EIR. <br />2. Even if the Council does not find any inadequacy in the EIR, it would be within <br />the Council's discretion to send the EIR back to City staff pending an actual project <br />application. <br />FiscAL IMPACT <br />The applicant will be required to fund any staff and consultant costs related to this <br />project. In 1996, the City Council stated that the City would be willing to consider <br />participation up to a maximum of 18 percent of the total costs of the EIR. The maximum <br />18 percent contribution was based on the private right-of-way being approximately 18 <br />percent of the entire subdivision. Approval of any detailed financing plan would be <br />subject to a public hearing. More recently, the City Council considered this matter on <br />May 18, 2009 and was discouraged by staff and the City Attorney from contributing <br />financially to the total cost of the EIR as this would set a precedent and may encourage <br />other developers to seek the same financial assistance from the City. (Attachment 7) <br />The City is under no obligation to absorb 18 percent (or any amount) of the EIR <br />processing cost, however, it remains within the Council's discretion to consider such a <br />contribution. <br />eQ44L PCIA41., <br />SAILESH MEHRA <br />STAFF ORIGINATOR <br />BILL EKERN <br />COMMUNITY DEVELOPMENT DIRECTOR <br />ROBERT B. BELL <br />CITY MANAGER <br />ATTACHMENTS <br />1. City Council Staff Report, dated May 28, 2005 (reaffirming Council's Policy) <br />2. Laurel Way "Project' Site Plan & Map showing participating property owners <br />3. Carrie Simon's Appeal Letter, dated August 31, 2010 <br />