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8.A. - Page 3 Planned Development and Tentative Map The Planning Commission also unanimously recommended the "Project Alternative with 25 Foot Creek Setback" in order to implement the City's Stormwater Treatment Creek Setback Ordinance that the City approved in 2006 (Zoning Ordinance Article 32, Section 32.12) and to address strong neighborhood opposition to the Project's proposed encroachment into the 25 foot stormwater treatment creek setback area. The Project Alternative is similar to the Project as proposed by the applicant except that the residences on Lots 1-4 would be setback 25 feet from the top of creek bank and reduced in size/massing by 187 square feet for Lot 1, 348 square feet for Lot 2, 95 square feet for Lot 3 and 87 square feet for Lot 4 (for a total building reduction of 720 square feet). The Project Alternative would also eliminate the need for an exception to the City's lot coverage standard (per Zoning Ordinance Article 5, Section 5.8) for the residence on Lot 3 that would have (under the applicant's proposal) exceeded lot coverage by 0.9% (55 sq. ft.). The Project Alternative would thus only require modifications to building setbacks, lot sizes for sloping lots,� and an exception to the City's private roadway engineering standard,Z all as further described in the June 19, 2012 Planning Commission staff report (Attachment 4). Planned Development and Vesting Tentative Map approvals as revised would be based on the findings and subject to the Conditions of Approval, as set forth in the attached Resolutions. (Attachments 2 and 3) ALTERNATIVES • Deny the Planned Development Permit and Vesting Tentative Map approvals for the EIR Project Alternative entitled "Project Alternative with 25 Foot Creek Setback" (as described in the Draft EIR pages 161-163). 1 Zoning Ordinance Article 32, Section 32.2 requires larger lot sizes when lots have an average slope that is greater than 5%. It has been staff's practice to apply this standard only to hillside properties and properties zone "RH" (Residential Hillside-minimum 10,000 square foot lot size) in order to minimize the impacts of cut and fill grading and to retain contours and natural features of hillside properties. Staff has not traditionally applied this standard to properties like the Finger Project that are otherwise flat except where they abut sloping creek topography. Staff believes this standard is more appropriately applied to sloping hillside properties because its intended purpose is to help minimize the impacts of cut and fill grading and to retain contours and natural features of hillside properties As such, the City Attorney's office has recommended that the City Council consider excluding the creek's slope in determining whether Lots 1-4 are sloped sites subject Section 32.2. Nonetheless, to the extent that the slope standard may be construed to require a modification under Zoning Article 46, Attachment 2 contains findings to allow such modification. 2 The City's Private Roadway Engineering Standard, requiring a 25-foot wide, two-way roadway and 5- foot sidewalk, is not part of or required by Chapter 30 (Subdivisions) of the City's Municipal Code, and therefore, the City Council's determination to modify the Private Roadway Engineering Standard for the Project does not constitute an Exception to the requirements of Chapter 30, as provided by Section 30.69 of the Code. Nonetheless, to the extent that the modification of the Private Roadway Engineering Standard may be construed to require an Exception under Section 30.69, Attachment 3 contains findings to allow such exception.