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09/10/2012 2. The exception is necessary for the preservation and enjoyment of a substantial property right of the subdivider. The General Plan land use designation and R-1 (single family residential) zoning for the site allows up to 7 units/acre where the Project is only proposing to develop the site at 5.3 units/acre. The Finger Avenue Project Draft EIR Section 4 (pages 151-160 & 164-168) analyzed three nine unit Project Alternatives that meet the City's 25 feet wide, two-way private roadway engineering standards, all of which were determined to have greater environmental impacts than the proposed Project and while the developer could 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 to the Project 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% zoning lot coverage standards) and the existing accessory structures and impervious surFaces are retained (as legal nonconforming structures) adjacent to Cordilleras Creek The Project will 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, install new impervious surfaces and install native riparian landscaping to improve & restore the creek bank of Cordilleras Creek. 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 will 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 Project, with mitigation measures, will not create significant environmental impacts. The Plan Review Committee has also determined that the roadway meets emergency vehicle (public safety) and general circulation access needs. The roadway exception will also not be injurious to other property in the vicinity because its design is proportionally sized to the small, nine-unit, and infill residential development rather than over sized/excessive for its intended purpose. With this exception, the subdivider will 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 will include marked pavement for pedestrians and traffic calming) and other ATTY/RES0.2785/FfNGER RESO APPROVING VTM FINAL RESO.#15219 REV:08-31012 VR MUFF#613 Page 6 of 19