Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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1building height adopted by Ordinance 20418 will not make it impossible for developers of 2affected multiple family development to achieve the maximum allowed densities in the R-3 3and R-4 zone. There is simply no credible evidence to support petitioner’s contention to the 4contrary. 5With regard to the additional off-street parking required by Ordinance 20418, as we 6have already explained, the evidentiary record does not support a conclusion that those 7additional parking spaces will prevent development from achieving the maximum densities 8allowed in the R-3 and R-4 zones. In some cases those additional parking spaces may 9require that parking be put underground to achieve the maximum allowed densities, but 10petitioner’s apparent assumption that parking spaces and bedrooms are a one-to-one tradeoff 11is not supported by the evidentiary record. Finally, as we have already explained, there is 12some evidence in the record that the students that occupy the multi-bedroom apartment units 13that are the target of the new off-street parking requirement already have cars and will not be 14induced to bring their cars to the neighborhood for the first time by the new off-street parking 15requirements. There is no credible evidence that a material number of students are 16discouraged from bringing their cars under the current limited requirement for off-street 17parking and would be induced to bring their cars to the neighborhood by the new off-street 18parking standard. 19Before the city is obligated to consider whether a land use regulation amendment 20implicates its obligations under Goal 6 to ensure that the amendment will not lead to 21violation of air quality standards, there must be at least some minimal basis for suspecting 22that the land use regulation amendment will have impacts on air quality that would threaten 23to violate air quality standards. In this case, petitioner’s unsupported assumptions 24concerning the impacts of Ordinance 20418 failed to provide such a minimal basis for 25suspecting Ordinance 20418 would have any significant impact on air quality, much less that Page 33