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Lanzone appeared on behalf of Real Parties in Interest, and Rick Jarvis of Jarvis Fay <br />Doporto & Gibson LLP appeared on behalf of Respondents. <br />Upon due consideration of the evidence presented at trial, the oral argument of <br />counsel, the briefs on the law, and having taken the matter under submission, having issued <br />a Proposed Statement of Decision, and having received and considered Objections thereto, <br />IT IS DECIDED, ORDERED AND ADJUDGED as follows: <br />1. The Petition for Writ on the basis of violation of CEQA is DENIED. <br />2. The Petition for Writ on the basis that approval of the Finger Avenue <br />Project, including specifically the granting of the Planned Development Permit, was <br />contrary to municipal law and an abuse of Respondent's discretion is GRANTED. <br />3. Petitioners shall draft and submit to the Court a proposed Writ and proposed <br />Judgment, after circulation to and meet and confer with, counsel for all parties. <br />THE COURT FINDS as follows: <br />Cordilleras Creek is a "protected" waterway in the City of Redwood City. The <br />areas of concern are where the Creek travels through the backyard (or back boundaries) of <br />residential property. Petitioners claim that Respondent has approved the building of <br />houses by Real Party in Interest too close to the bank of the Creek, and thus endangering <br />the Creek's integrity and quality, in violation of law. <br />The law, specifically a Redwood City ordinance, provides a 25 -foot setback from <br />the top of the bank to the building of a house. This law is new, and its application is an <br />issue of first impression. (2AR 627 "The Finger Subdivision will be the first test of our <br />new ordinance. Whatever decision is made by the Commission, it will be <br />FA <br />8.B. - Page 61