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CCMIN112712SP
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CCMIN112712SP
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
11/27/2012
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CCMIN112712SP
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of major modification to or condition any of these issues warrants a full public hearing and said she also <br /> agreed with many of Mr. O'Connor's points. She moved the staff recommendation on all items. <br /> Councilmember Cook-Kallio referred to meeting minutes of June 6, 2008, in which Councilmember <br /> Sullivan confirmed with Ms. Brown that the intent of the initiative was to control construction of <br /> residential and commercial structures, not roads, on slopes of 25% or more. She is also noted to have <br /> commented several times that she felt it was important to use exact language at that time so that they <br /> did not create this very sort of situation where they pick and choose which items to make exceptions <br /> for. <br /> Councilmember McGovern reiterated her earlier point that Specific Plans do not indicate vested rights. <br /> She referred to the Happy Valley Bypass Road as an example of a roadway that is identified in a <br /> Specific Plan but could ultimately turn out different than originally envisioned based on the kind of <br /> growth that eventually occurs. She referred to the Planning Commission's minutes of March 14 <br /> regarding Lund Ranch II, in which staff agreed that a road is a structure. She said she would much <br /> rather conduct a public hearing process to make exception for an individual roadway than to grant <br /> blanket approval for something that someone might need someday. She reiterated her position that <br /> Option 2 is a better option. <br /> Councilmember Sullivan asked and Mr. Fialho confirmed that Option 3 would still involve a public <br /> process at both the Planning Commission and City Council level. He also noted the language <br /> acknowledges that such streets and roads would still be subject to the City's environmental and <br /> discretionary review and direction on the road's location and design to mitigate or preserve any <br /> environmentally sensitive features. <br /> Councilmember McGovern said it would seem appropriate then to pursue Option 2 and allow the public <br /> process to happen. She referred again to the Planning Commission minutes of March 14, in which a <br /> Commissioner is cited several times as interpreting that a slope was manufactured 25 or 30 years <br /> before, has found its natural resting point and, if 25% or greater, should be left intact. This is a clear <br /> indication that PP should not be interpreted as excluding manmade slopes. <br /> Councilmember Thorne requested clarification on the motion with respect to manufactured slopes. <br /> Mayor Hosterman said she moved the staff recommendation, as presented. <br /> Councilmember Cook-Kallio said she felt PP was silent with regard to existing manmade slopes, that it <br /> could easily be argued either way, and that this is her issue with this type of ordinance. She asked what <br /> impact this would have on a pile of dirt with a 25% slope on the Bernal property. <br /> Mr. Fialho explained that this is hillside preservation, not valley floor preservation, ordinance and <br /> therefore, the Bernal site is not subject to the provisions of PP. <br /> Councilmember Cook-Kallio asked and Mr. Fialho confirmed that PP is silent with regard to manmade <br /> slopes. <br /> MOTION: It was m/s by Hosterman/Cook-Kallio to approve the staff recommendation. <br /> Councilmember Sullivan asked whether, assuming no distinction was made between natural and <br /> manmade slopes, there would be a process to apply for an exception or waiver to develop on a <br /> manmade 25% slope that does not otherwise conflict with the intent or language of PP. He referred to <br /> the Hana Japan site as an example. <br /> 5 <br />
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