AgdaPkt 2013-09-23 Closed and Regular

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8.A. - Page 434 Mayor Aguirre and Members of the City Council April 15, 2013 Page 2 SLW appreciates that the Commission attempted to reduce the devastating impacts of the Project by placing some restrictions on the size of the residences that can be built there. However, because the Project is still in direct conflict with the City's General Plan and zoning ordinances, and because the EIR for the Project fails to acknowledge or adequately mitigate its significant impacts, the Planning Commission's decision is incorrect and SLW is compelled to file this appeal. The reasons supporting SLW's appeal are set forth in the attached letters and documents, as well as the public comments, letters, and testimony presented to the Planning Commission and the City Council throughout the history of this Project (both as it was originally submitted to the City and as modified in 2012). In addition, the documents, comments, and testimony submitted to the City regarding the other single- family home proposals along Laurel Way over the last several years, including the single- family home approved by the City at 3718 Laurel Way, are relevant to the City's consideration of this appeal, as those documents similarly demonstrate the potential adverse impacts, direct and cumulative, of permitting dense residential development in this part of the City.z In sum, the Planning Commission violated state and local law in approving the Project for the following reasons. Serious Project Safety Concerns Remain. No adequate, site-specific studies have been performed to ensure that developing these houses, even at the reduced sizes authorized by the Planning Commission, will be safe for their occupants and neighbors. The slopes to be developed here are incredibly steep—most falling somewhere between 30-45%. Given the history of earthquakes and landslides in this region, SLW and other Project neighbors are understandably concerned about what will happen to this hillside area during and after construction, and who will be liable (a joint venture that will cease to exist upon project approval? owners of individual lots? the City?) for any damage caused by the Project in the event of a landslide. The RFEIR Is Inadecluate. In 2011, the City Council decided that it could not certify a previous version of the EIR for this Project, primarily citing concerns about the adequacy of the mitigation for its geological impacts. The Revised Final EIR does 2 We hereby incorporate by reference into this letter the record of proceedings before the Planning Commission at the time of its approval of the Project as well as the record of proceedings in the 3718 Laurel Way planned development permit approval. SLW has previously asked that the record of proceedings in the 3718 Laurel Way project be included in the record for this Project. Slil..�_E �1111.`,I:1 1`: I.,IL13I,2,C.I.K