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14 <br /> <br />surfaces are retained (as legal nonconforming structures) adjacent to Cordilleras <br />Creek. The proposed Project would locate structures a greater distance from the <br />top of bank of Cordilleras Creek than the current structures, reduce by 100% the <br />amount of impervious surfaces (structures & paving) within the regulated 25 ft. <br />setback area, and install native riparian landscaping to improve & restore the creek <br />bank of Cordilleras Creek. <br /> <br />Besides the factors set forth above, the City finds that the subdivider has a <br />substantial property right to maintain the existing structures located within the 25 <br />foot creek protection setback area, as those structures are legal non-conforming. <br />The present roadway exception allows for the removal of those existing structures <br />from within that setback area (which essentially represents a reduction of existing <br />property rights for the subdivider) while accommodating additional development <br />outside the setback area to compensate for that reduction. Thus, the roadway <br />exception is necessary for the preservation and enjoyment of a substantial property <br />right historically enjoyed on the Project site, in a manner that still eliminates all <br />existing development from within the setback area. <br /> <br />3. The granting of the exception will not be detrimental to the public welfare or <br />injurious to property in the vicinity of the subject property. <br /> <br />Allowing an exception to the City’s private roadway engineering standard will not be <br />detrimental to the public welfare or injurious to property in the vicinity of the subject <br />property as the Final EIR has determined that the Project, with mitigation measures, <br />will not create significant environmental impacts. The Plan Review Committee has <br />also determined that the roadway meets emergency vehicle (public safety) and <br />general circulation access needs. The roadway exception will also not be injurious <br />to other property in the vicinity because its design is proportionally sized to the <br />small, nine-unit, and infill residential development rather than oversized/ excessive <br />for its intended purpose. <br /> <br />With this exception, the Applicant would be able to design a better subdivision <br />(larger lots, increased setbacks, less impervious surfaces, more on-site trees <br />saved, simplified/safer traffic pattern with the one-way roadway configuration that <br />will include marked pavement for pedestrians and traffic calming) and other <br />improvements that would not be detrimental to the public welfare or injurious to <br />properties in the vicinity. <br /> <br />All other aspects of the proposed Vesting Tentative Map comply with the City’s <br />Subdivision Ordinance. <br /> <br />Consistency with Certified EIR <br />At their September 10, 2012 meeting, the City Council certified the First Amendment to <br />the Draft Focused Finger Avenue Nine-Lot Planned Development Project EIR (Final <br />EIR) per Resolution No. 15217. The certified EIR successfully withstood legal challenge <br />and remains in effect. <br /> <br />The amended application still proposes a nine-lot subdivision with a one-way private <br />roadway. The total square footage of the nine proposed homes is within the amount <br />8.B. - Page 107