NOTICETO ALL PARTIES:

The time within $which judicial review must be

sought of +. - :'-,man cf the City Council is
govertiel 5; L. : l . n 1094.6 af the Code C ;
~ . I ~~, .
fromthe date of tilz dwi ci nn.
RESOLUTION No. 76530 C.M.S.
mi%/
INTRODUCED BY COUNCILMEMBER
CORRECTED
RESOLUTION DENYING THE APPEAL AND SUSTAINING THE
DECISION OF THE CITY PLANNING COMMISSION IN APPROVING
SUBDIVISION WITH SHARED ACCESS FACILITIES, LOCATED 200
FEET NORTHEAST OF THE INTERSECTION OF MOUNTAIN
BOULEVARD AND WERNER COURT
THE APPLICATION FOR THE WERNER COURT PROJECT, A 22-LOT
WHEREAS, in 1998, BP Equities (Applicant) filed an application for a Tentative
Parcel Map to subdivide 12.8 acres into 25 lots and a minor conditional use permit to construct
shared access facilities at a site located 200 feet northeast comer of Mountain Blvd. and Wemer
Court in the Detached Unit Residential General Plan Land Use Classifications and the R-30 One-
Family Residential Zone (Project); and
WHEREAS, the Applicant modified the Project to reduce the number of lots to 22 and
made other changes to the Project to address community concerns; and
WHEREAS, the General Plan land use designation for this site would allow a total of 85
housing units for the entire 12.8 acres and 32 housing units for the 4.83 acres to be developed,
and this Project is fully consistent with the General Plan; and
WHEREAS, this Project is within the scope of the Final Programmatic Environmental
Impact Report prepared and certified in 1998 for the Oakland General Plan Land Use and
Transportation Element, that the project will further implement the Oakland General Plan, that the
Project will have no significant adverse environmental impact that was not previously identified in
the 1998 FEIR; and
WHEREAS, the City nevertheless prepared an Initial Studyhlitigated Negative
Declaration for this specific Project which was released for public review and comment,
challenged and eventually withdrawn; and
WHEREAS, the City nevertheless prepared a second Initial Studyhfitigated Negative
Declaration (IS/MND) for this specific Project, which was released for public review and
comment on March 3,2001; and
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