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Mayor Thorne 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. Mr. Dolan explained that the decision predates him by many years but did say that the City Council ultimately disagreed with the Commission and reversed the vote. Vice Mayor Brown stated that decisions like that are one reason the public put PP in place. Mr. Fialho explained that the project has a Tentative Map and Development Agreements in place, all of which were approved prior to Measure PP and are binding. With regards to conformance with the General Plan, the development is consistent with the Vineyard Avenue Corridor Specific Plan and therefore inherently consistent with the General Plan. The record of discussion regarding PP clearly reflects that lots within the plan area with existing tentative maps or development agreements would be exempt. In the case of Lund Ranch, Measure PP is clearly applicable and it will ultimately be up to the Council to interpret its application when that project comes forward. Councilmember Narum asked what protections are there to ensure the ultimate payment of development fees. Mr. Fialho explained that the developer is required to deposit a percentage of the fees into an escrow account. As part of the inspection process prior to final occupancy, the project will have to adhere to its conditions of approval and make payment to the city in exchange for release of the Certificate of Occupancy. MOTION: It was m/s by Narum/Olson to approve the Final Map and improvement plans for Tract 7660, Silver Oaks Estates (1944 Three Oaks Drive); approve and authorize the City Manager to execute an agreement with Kenneth R. Chrisman and Pamela L. Chrisman for Final Map without an improvement agreement or bonds, and approve deferral of payment of City development impact fees and Vineyard Avenue Corridor Specific Plan fees until final inspection of new homes, or connection of existng home to City Water; authorize deferral of subdivision bonds, inspection fess, and subdivision improvement agreement subject to final map being in escrow and only released when such bonds and fees are collected; accept all parcels of land and easements offered for dedication City Council Minutes Page 14 of 15 June 2, 2015