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Ms. Stern summarized by stating they were asking for direction in terms of the Preferred <br />Circulation Network and Preferred Land Use Plan and they would be using this in terms of <br />developing the rest of the General Plan document and the Draft EIR document. <br />Councilmember Sullivan questioned whether it mattered which option was chosen, given <br />the fact that the model indicates little difference between the land use options. He said he <br />was particularly interested in the transit-oriented development project proposed by <br />Hacienda and asked if options could be left open throughout the rest of the General Plan <br />process. Mr. Fialho said staff could structure language within the Land Use Element or <br />within the Housing Element to accomplish this, within the context of the housing cap. He <br />felt areas of the Business Park could be zoned Mixed Use, other areas could be receiver <br />sites for density allocated under the current housing cap, and more residential might also <br />be accommodated above the housing cap within the General Plan. <br />Councilmember Sullivan requested that the City ensure the ability for people to be able to <br />do an initiative or referendum of the Council's decision, wanted the community to be aware <br />of their options, and that as the General Plan is finalized, the City is not creating onerous <br />hurdles. <br />Michael Roush, City Attorney, referred to the example the Council adopted in 1996 with <br />respect to the West Los Positas Interchange. In this situation, if at some point a decision <br />was made by the Council to approve the funding and construction of the interchange <br />project, there could be a one-year hiatus period during which time opponents would have <br />the opportunity to circulate an Initiative. The alternative would be that there could be <br />discrete portions of a General Plan update that would reference the Stoneridge Drive <br />extension if a referendum or initiative were pursued. <br />Councilmember Sullivan questioned what options there were for Council if it wanted to put <br />part of the General Plan on the ballot. Mr. Roush explained that the Council could adopt <br />the policy and then ask the voters if they agree with that decision, or alternatively send the <br />question to the voters and ask them to make the decision. <br />Councilmember Thorne questioned flexibility regarding the land use element, said there <br />were other sites within the city that could be used for various types of housing. If the <br />Council decided it wanted to use that rather than something in one of the scenarios, could <br />it do that and could the Council structure the general plan to include those as well as the <br />transit oriented development? Mr. Fialho said anytime density is reduced in one area you <br />can apply the savings to another part of town. <br />Councilmember Thorne confirmed with Mr. Fialho that if the Council decided not to do one <br />of these projects. It could use something else in place of it, so long as the property is <br />zoned Residential. If it was not zoned Residential, the City would need to pursue a <br />General Plan Amendment. <br />Councilmember McGovern said, in looking at the three different plans, they allocate <br />housing on specific areas and she questioned if it legally became binding or not to develop <br />350 units, i.e., at the West BART station. Ms. Stern said this did not have to do with the <br />acceptance of the project but more a recognition that a project could be approved up to <br />that number of units. <br />City Council Minutes 7 May 1, 2007 <br />