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Mr. Dolan reiterated staffs recommendation to recommend to the City Council that the FEIR conforms to CEQA, that the PUD is consistent with the General Plan, to make the necessary findings to approve the PUD Development Plan, to approve the Development Agreement, and to approve Option 3 as outlined in the original staff report, the proposal to divide the neighborhood into two sections with the cul-de-sac off of Lund Ranch Road that would serve ten lots, and the remainder of lots in the development would go out the road across the creek to connect to Sunset Creek Lane. Mr. Dolan then presented the reasons for recommending Option 3: 1. It honors the spirit of the previous agreements with Ventana Hills. A lot has been mentioned about whether or not those agreements are legally enforceable. The City Attorney's position is that they are not, but it was part of an ongoing dialogue that was incorporated into many of the City's planning documents over the years. 2. The Sycamore Heights and Bridle Creek neighborhood residents had prior knowledge there would be additional development connected to their streets. There was a fair amount of testimony about that and what their documents included when they purchased their homes and the signs that have been put up. 3. There has been the primary question here, which is: "Wouldn't Measure PP prohibit that?" Staffs conclusion is that the City Council has the authority to interpret Measure PP where it is not clear, and it is not clear that a road is prohibited by Measure PP. The City Attorney backs that interpretation that it is not clear and that the Council has the choice; and the City's outside counsel also comes to the same conclusion. That allows staff to make this recommendation. 4. The Option represents a compromise between the two neighborhoods who clearly disagree over this issue. Mr. Dolan acknowledged that the EIR identifies this particular Option as having slightly more environmental impact, but these impacts are not extreme and un-mitigatable; they are fairly routine things that are done in development all the time to make these impacts less than significant, and that is the process that the applicant would have to go through in getting the various permits from other agencies to make that happen. In terms of housekeeping things, Mr. Dolan re-alerted the Commission to a memo that was handed out at the last hearing that supplemented the staff report; the memo included minor amendments primarily to engineering-related conditions that would apply as a part of staffs recommendation tonight. He added that there is one other condition that staff is recommending. He apologized that this is so late in the game, but one of numerous emails and letters that came in over the last several days raises some issues relative to the conclusions that were previously reached about the area of a man-made slope right down by the creek where the barn is. He indicated that staff went out in the field today to look at this again. He noted that this is not something that can be resolved this evening, but staff is suggesting that when the Commission gets to the point of EXCERPT: PLANNING COMMISSION MINUTES, August 26, 2015 Page 3 of 26