AgdaPkt 2014-03-10 Closed and Regular

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7.3.B. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager March 10, 2014 SUBJECT Vacate Approval of Planned Development Permit PD2008 -06 for the Finger Avenue Project Per Court Requirement RECOMMENDATION Adopt a Resolution Rescinding Resolution No. 15218 and Vacating the Approval of Planned Development Permit PD2008 -06 for Finger Avenue Project. BACKGROUND On September 10, 2012, after an appeal from a Planning Commission approval, the City Council held a public hearing and adopted Resolution 15218 approving Planned Development Permit PD2008 -06 for the Finger Avenue Project and the Final Environmental Impact Report. The City also adopted Resolution 15217 certifying the final EIR for the project. On October 11, 2012, the Friends of Cordilleras Creek and the Finger Avenue Pride Committee filed a petition for writ of mandamus challenging the City's approval of the project. On June 28, 2013, the court heard argument on the petition. The court ruled in favor of the City on petitioners' cause of action pursuant to the California Environmental Quality Act and against the City on the approval of the Planned Development Permit. On January 2, 2014, the court issued a Writ of Mandate ordering the City to vacate the approvals of the Planned Development Permit for the Finger Avenue Project. ANALYSIS The proposed Resolution complies with this court order by rescinding Resolution 15218, the Resolution granting the Permit, and vacating the approval of the Finger Avenue Project. The City must file a Return with the court before April 1, 2014, showing that it has complied with the court order. This Resolution does not rescind the companion Resolution 15217 which approved the EIR and which the court found legally compliant and so remains in effect. ALTERNATIVES The City has no discretion but must follow the court order so there are no alternatives. FISCAL IMPACT Adopting the proposed resolution will have no fiscal impact on the City.