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<br />7A <br />Page 5 <br /> <br />Appeal <br />On April 26, 2010, Michael and Michelle Bautista filed an appeal of the Planning <br />Commission's action to adopt the IS/ND for this Zoning Text Amendment (Attachment <br />5). Staff has summarized some of the appellants' concerns and has provided responses <br />to the concerns (Attachment 6). Also included in the attachments is a map with a list of <br />Planned Developments approved in the R-2 Zoning District throughout the City <br />(Attachment 7). The City has allowed more than three units on a variety of larger <br />properties with R-2 zoning over the years. These developments include single-family <br />homes, attached units and buildings with more than three units per structure. <br /> <br />The comments submitted by the appellants, in their April 19, April 20, and April 26, 2010 <br />written communications to the City and the oral communications made by the appellants <br />at the April 20, 2010 Planning Commission public hearing do not present any <br />"substantial evidence" that a fair argument can be made that the project may have a <br />significant effect on the environment. Argument, speculation, unsubstantiated opinion <br />or narrative, or evidence which is clearly erroneous or inaccurate does not constitute <br />substantial evidence. <br /> <br />ALTERNATIVES <br />1. Uphold the appeal for the adoption of the Initial Study/Negative Declaration for the <br />proposed Zoning Text Amendment. <br />2. Do not approve the proposed 2,500 square foot alternative increment as <br />recommended by the Planning Commission. Instead: <br />a. Approve the 3,333 square foot alternative increment; <br />b. Approve the 5,000 square foot alternative increment; or <br />c. Limit the R-2 zone to no more than three units on lots of 10,000 square feet or <br />larger. <br /> <br />FISCAL IMPACT <br /> <br />All costs for processing development permits on sites larger than 10,000 square feet are <br />funded by the applicant and thus this action will not result in future incurred fiscal <br />im pact. <br /> <br />C'> <br /> <br />Sailesh Mehra <br />Associate Plan r <br /> <br /> <br /> <br />J,~~~6 <br /> <br />D ector, Planning, Housing and <br />Economic Development (PHED) <br /> <br />Peter Ingram ~ <br />City Manager <br /> <br />~ <br />