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6.1. F. - Page 2 <br /> subdivision improvements in early 2012. Construction on the houses is expected to <br /> begin upon recordation of the final subdivision map. <br /> Appellant Michael Bautista's appeal before the First District Appellate Court is pending. <br /> Appellant is appealing a trial court decision dismissing his lawsuit contesting the City's <br /> interpretation of its zoning code regarding density of single family homes in an R-2 <br /> zone. The interpretation makes a difference in terms of the number of homes that would <br /> be allowed. This dispute has likely been rendered moot by the City's subsequent <br /> amendment of its R-2 zoning regulations, which expressly adopted into those <br /> regulations the interpretation upon which the City relied in approving the project. <br /> Nonetheless, the Appellate Court could come to a different conclusion from the trial <br /> court. Though the appellant never sought an injunction to prevent the project from <br /> proceeding, any risk of building pending a determination from the Appellate Court is fully <br /> on the developer. The developer acknowledges this, and is providing the City a waiver <br /> protecting the City's interests. Appellant had also filed suit on the amended regulations, <br /> then voluntarily dismissed the action. <br /> ALTERNATIVES <br /> Council may choose not to approve the subdivision or accept the easements as <br /> dedicated <br /> FISCAL IMPACT <br /> There is no fiscal impact to the City as a result of this action. <br /> ENVIRONMENTAL REVIEW <br /> Mitigated Negative Declaration (EA 2008-02) <br /> �._ <br /> ��� <br /> , �``�� <br /> PAUL WILLIS <br /> SENIOR CIVIL ENGINEER <br /> �� � <br /> l�'�/ � � �- <br /> WILLIAM EKERN <br /> COMMUNITY DEVELOPMENT DIRECTOR <br /> �" <br /> ROBERT B. BELL <br /> CITY MANAGER <br />