AgdaPkt 2013-09-23 Closed and Regular

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8.A. - Page 357 8.A. -Page 115 Manaft mamd I pfd I phlIff Honorable Mayor and Members of the City Council Augast 15, 2011 Page 4 The p wodurai poem of this appeal hearing is quite unustial. As you know, following ce r libation of the EIR kart Auga4 the Planning Conmi cion (at a hearing on December 7, 2010) elected to dtir consideration of ft applicant's request inr approval Of Planned dwdqwmd panit and vesting tentative sttbdiviaton map in otter to develop AVlhar k&mH tion.3 As explained in the Slaff Report,'it was at the Deoember 7, 2010 Planting Commission heating that the City Teamed for the first time that the application far a planned developmtut permit and vesting tentative, reap was mughoft d, beratm not all of the ownem of property affected by the application had ttut WfiWd the applicant m file the applica ian an their behalf.; Thweafter, on March 22, 2011, the gwRoW abn*dy withdrew its application for entitlements and has not subsequently submitted a now or revised application to the City. 1y'01 the11 , —1 That no application for antidementb to develop the property in curtm* peatding, and themefore no project today exh ts, the applicant has nevatkiela P the Chy to condact" E13L hearing In the absence of a project appdeation, to which the City, has apparently agreed We note that the oonnnunity was apprised of the application's withdrawal at a "facilitated discussion" meeting with the applicant on Mud 29, 2011, and ftther apprised at that meeting that contrary to advice from City's outside land use counsel, cute EIR hearing would now be scheduled. As a raWt of this highly unusual CEQA prods, the LWANA and the greater aoatmmnitY find themselves in the awlwvard position ofpreparing for a hearing to ftr%l w consider whether the enviromxn al review was pmporiy oonduoW for a non-exident pMect. This is akin to rMVWMS a movie without first having seen the fihL The commandy has been compelled to wgaW sigafficant time and resomm in preparing for ao EIR hearing when no cmtdntY exists as to the tote mpe and environmental iampael of the project as it may, at some point in the fudze, be proposed. 3 Mid, Special Mseft of the PWming CbmtnisdM December 7,20 10. 4 no City's awn Ply Pa'[mit ,Application poem exPMAY regi= the Owners of tba prapetty % toh is 60 sabjeot of an gpplicatioa (1) ap die qVHcofim form, or (2) pmvi& written authoriW*m to the ;,ppliosai. S In cite even it becomes owmay at some point in the futon icor LWANA to d a MP Sm udsWW Wreval Oft p m"d on Lucre] way on any pum"wdWiing on gramock that the city faflad to comply with the mmdatwy of *a California EUVIm=mW Qaaity Act i~ "t Pula Raeaurcea Code if 21000 et se4.? LWANA vrll seek all fm incm nd in the C.iW& admirilrmd" prose &ng% Including this appeal p mcaediosg and the p mesedbW that led to thus appal prueeedirrg. (WW Vatky I fiA v. C=* Of San LWss ObWo M11) Ca.A,ppAdi _.)