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28. Approve the Final Map, improvement plans, agreement for Final Map approval, and deferral of bonds and fees for Tract 7660 (Chrisman Property) Mr. Dolan presented a brief staff report. He explained that the item relates to approval for the Final Map for a subdivision first considered back in 2001, with subsequent approvals in 2003 and a final revision in 2005. The Council received late mail from a member of the public stating that the project did not comply with Measure PP and requested removal of the item from the Consent Calendar. Mr. Dolan explained that this project and Final Map are exempt under Measure PP's provisions excluding parcels created in advance of Measure PP as well as those of a certain size. Additionally, the Council's role with respect to this item tonight is the determination of whether or not the Final Map is in substantial conformance with the approved Tentative Map. Staffs analysis is that the Final Map is conforming. Mr. Fialho added that while the Council's action on the Final Map is ministerial, the Council is also being asked to make a discretionary determination on whether to allow the developer to defer the payment of certain fees until occupancy of the project, which is commonly allowed with smaller lot developers. Mayor Thome opened the item for public comment. John Bauer stated that each member of the Council has been involved in some point of the debate regarding the implementation of Measure PP. He said that this item is a clear example of how those issues surrounding PP remain unclear moving forward. He disagreed with staffs assertion that the project is exempt based on size, because the actual project ranges from a minimum of 11 single - family homes (if including the applicant's residence) to a high of 34 units if counting the 19 which have already been constructed. In addition, this project in its entirety violates the slope limitations outlined in Measure PP. He asked why this project and this hillside is considered exempt when just 1 problematically situated acre is threatening the very concept of access to the Lund Ranch II project. Pat Costanzo, applicant, said the Chrisman's have owned the project site for over 25 years and annexed their parcel into the city over 20 years ago as part of the Vineyard Avenue Corridor Specific Plan. As already indicated by staff, the project received original approval in 2001 and the only question before the Council is whether the Final Map is consistent with the approved Tentative Map. With regards to the application of Measure PP he said the only requirement is that the Final Map meets the conditions in place at the time the Tentative Map was approved, which occurred well before the very development of PP. He respectfully requested that the Council approve the Final Map and allow for the deferred payment of certain impact fees until occupancy, as is typical with many projects throughout town. Mayor Thorne closed public comment. Vice Mayor Brown asked staff to address how this project is or is not exempt from hillside development protections outlined in the General Plan. Mr. Dolan explained that the project's conformance with the General Plan was considered and deliberated as part of the project's review in 2001, 2003 and again in 2005. These issues were balanced against other concerns and ultimately the project was approved. He noted that while located on a hillside, the project does not look to remove a significant portion of the ridgeline and is actually situated lower on the slope closer to street level. Vice Mayor Brown asked if the Planning Commission's denial of the project related to slopes and hillsides. City Council Minutes Page 16 of 18 June 2, 2015