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09/21/2015 ATTY/RESO.3134/CC RESO APPROVING PLANNED DEVELOPMENT – FINGER RESO. # 15445 REV: 09‐17‐15 VR MUFF # 613 Page 15 of 29 develop the site with the Four Lot R-1 Zoning Alternative (pages 144- 150), there is no guarantee that this alternative would be environmentally superior if each of the four very large lots (16,411 to 21,893 sq. ft) were built with very large homes (consistent with allowed 40% lot coverage standards) and the existing accessory structures and impervious surfaces are retained (as legal nonconforming structures) adjacent to Cordilleras Creek The Project would locate structures a greater distance from the top of bank of Cordilleras Creek than the current structures, reduce by 100% the amount of impervious surfaces (structures & paving) within the regulated 25 ft. setback area, and install native riparian landscaping to improve & restore the creek bank of Cordilleras Creek. In addition to the factors set forth above, the City finds that the subdivider has a substantial property right to maintain the existing structures located within the 25 foot creek protection setback area, as those structures are legal non-conforming. The present roadway exception allows for the removal of those existing structures from within that setback area (which essentially represents a reduction of existing property rights for the subdivider) while accommodating additional development outside the setback area to effectively compensate for that reduction. Thus, the roadway exception is necessary for the preservation and enjoyment of a substantial property right historically enjoyed on the project site, in a manner that still eliminates all existing development from within the setback area. 3. The granting of the exception will not be detrimental to the public welfare or injurious to property in the vicinity of the subject property. Allowing an exception to the City’s private roadway engineering standard would not be detrimental to the public welfare or injurious to property in the vicinity of the subject property as the Final EIR has determined that the Applicant’s Original Proposed Project, with mitigation measures, would not create significant environmental impacts. The Plan Review Committee has also determined that the roadway would meet emergency vehicle (public safety) and general circulation access needs. The roadway exception would also not be injurious to other property owners in the vicinity because its design is proportionally sized to the small, eight-unit infill residential development rather than oversized/ excessive for its intended purpose. With this exception, the subdivider would be able to design a better subdivision (larger lots, increased setbacks, less impervious surfaces, more on-site trees saved, simplified/safer traffic pattern with the one- way roadway configuration that would include marked pavement for pedestrians and traffic calming) and other improvements that would not