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Mr. Dolan said that most, but not all, property owners have been contacted to determine if any interest on their part exists. The idea of residential rezoning came as a complete surprise to some and that this dialogue will take some time, and that the three properties proposed tonight have the distinct advantage of extensive conversation through the General Plan process. Councilmember Sullivan referred to the negative declaration for the rezoning and asked if an EIR is anticipated for the actual development proposal in the PUD process. Mr. Dolan said that many of the larger issues were analyzed through the General Plan EIR. He said part of the PUD process would include an evaluation of whether or not that EIR could be tiered off of and fine -tuned to apply to this specific development. A new EIR would certainly be needed if a new significant and unavoidable impact were identified, for which there was no mitigation, and there could also be issues that would merit a focused EIR, but that those could possibly be covered by an additional negative declaration. Councilmember Thorne stated that the direction from the original workshop was the formation of a task force following adoption of the General Plan. He said that the same workshop also included considerable discussion on other priority items, including Staples Ranch. He questioned whether this creates any issues with the timing originally established for this task force. Mr. Dolan said he does not believe that the process has proceeded out of order but that more time has passed than anyone had anticipated. Councilmember Thorne questioned and confirmed with Mr. Dolan that following this rezoning, the PUD process would include a financial analysis on any retail aspects associated with the TOD. Councilmember Thorne commented on the negative declaration, with respect to the claim that this rezoning has very little impact on schools. Mr. Dolan explained that CEQA and some of the case law surrounding it require that only the impacts of a physical change in the environment be analyzed; what results from changes in enrollment, and some of the finer issues that affect school planning are not necessarily appropriately addressed in a CEQA document. He said that the analysis would need to be supplemented, relative to impacts on schools, and staff would work with the school district on how to best accommodate the changes. Councilmember Thorne confirmed with Mr. Dolan that, during the final planning process, a project could be denied based on the determination that it creates an unacceptable impact on schools. He asked if the voter imposed housing cap would leave enough room to rezone the alternative properties throughout the City and then return later to rezone those that are being considered tonight. Mr. Roush stated that there are General Plan policies which provide that the City is to maintain zoning in such a way that it does not violate the 29,000 -unit housing cap. He said that, in terms of zoning property, the City must be cognizant of those numbers and not zone so much property that it would violate that cap. Councilmember Thorne said he is primarily concerned with taking away the ability to do TOD, something everyone on the Council would like to do at some point. City Council Minutes Page 7 of 25 October 20, 2009