PC 031313 - Laserfiche WebLink

3. Design and environmental review processes referenced in the proposed chapter for roads and streets is normally done and does not need to be repeated in the draft code chapter. Mr. Dolan stated that this is one of the easier issues. He indicated that at first, staff really thought they should be included in the ordinance, but upon further consideration, staff noted that these processes still exist and will be implemented, and there is no need to reference them in the ordinance implementing Measure PP. 4. Staff should explore providing an inventory of City ridgelines on vacant properties affected by the proposed chapter. Mr. Dolan stated that the Commission asked staff to look into pre- defining the ridges on vacant properties that would be subject to Measure PP. He indicated that staff had some substantial discussion on this item, and staff really believes that could be a very contentious process. He stated that staff prefers to do this on a case -by -case basis with the individual development applications. He added that staff believes that this ordinance could be hung up for months figuring out what the ridges would be, particularly on the Oak Grove property. Mr. Dolan pointed out to the Commission that staff reviewed the definitions that were included in the first draft of the ordinance and made some very minor word changes to its definition of a ridge. He added that it does not necessarily have any substantive change. Commissioner Posson inquired how the definition of "Ridge and Ridgelines" on page 5 of the staff memo differs from any definition of "ridge" and "ridgelines" that were in place in 2008. Mr. Dolan replied that the definitions are very close; a few words were taken out relative to major and minor ridges as the distinction did not seem important in this context. Chair Blank stated that he has been contacted by a lot of members of the public asking when rights are vested. He noted that he thinks everyone understands that Measure PP would override Specific Plans because Specific Plans are a subset of General Plans. He inquired, from a constructionist's viewpoint, what the impact of this implementation would be on existing PUDs that are not yet developed or are in various stages of going through the process. Mr. Dolan replied that there are really only a few ways to truly have a vested right: one is through a Development Agreement, which basically freezes the approvals that were in place at the time the Agreement was adopted; and a second way is through an approved Vesting Tentative Map, such as that which was just approved tonight. He explained that it is just like a Tentative Map, but it has the added value to the applicant that it does the same thing as a Development Agreement in terms of freezing the regulations that were in place at that time and they have those rights. He continued that PLANNING COMMISSION MINUTES, March 13, 2013 Page 8 of 35