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8.A. - Page 52 <br /> 1 The members of SF Bay MFA are almost all members of the former SPH 2012 group, an <br /> 2 unincorporated association that filed the prior Appeal dated October 15, 2012 in Memorandum <br /> 3 <br /> form challenging the prior Planning Commission approval of a PD Permit and Map for this site. <br /> A copy of that Appeal Memorandum is attached to this Appeal for incorporation of all of the <br /> 5 <br /> 6 factual background and all of the citations therein to the General Plan and applicable law. By <br /> 7 way of clarification and for no other purpose, it should be noted that SPH 2012 and SF Bay MFA <br /> 8 are entirely distinct and separate from the SPH Inc. group that formed in early 2013. <br /> The citizens of Redwood City and the people of California have statutory and <br /> 10 <br /> constitutional rights to have their local City and regional government bodies operate lawfully, <br /> 11 <br /> including requiring proper environmental review and proper government oversight and action. <br /> 12 <br /> 13 For the following reasons, we appeal to the City Council of Redwood City to set aside <br /> 19 the Planning Commission's issuance of the PD Permit, Vesting Map and Condo Permit. <br /> 15 1. There is a writ and civil rights action pending in San Francisco Superior Court for <br /> 16 <br /> replacement of the Smith Slough marina, which was 135 slips torn out without proper <br /> 17 <br /> environmental review and without proper permits, public hearings and required action of <br /> 18 <br /> 19 the Commissioners of the SF BCDC. That improper permit was obtained through joint <br /> 20 action or the influence of the permittee in this case, and/or the former harbor operator, <br /> 21 and only 50% of the outer harbor was lawfully removable under the wrongly issued <br /> 22 <br /> permit. This action should be allowed to run its course before City approvals, permits and <br /> 23 <br /> maps are given to a developer, as the outcome will impact land and water use at the site. <br /> 29 <br /> 25 2. The federal government owns the access road of"Uccelli Boulevard" and this federal <br /> 26 access strip may not be developed over, even with the passive non-opposition of the <br /> 27 local US Fish and Wildlife Service refuge manager, who does not have the authority to <br /> 28 <br /> Appeal of Planning Commission Issuance of PD Permit, Vesting Map and Condo <br /> Permit - 1 Uccelli Boulevard, Redwood City <br />