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It was moved by Ms. Mohr, seconded by Ms. Dennis, to approve the report and <br />authorize staff to continue their discussions. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers - Dennis, Michelotti, Mohr, Pico, and Mayor Tarver <br />NOES: None <br />ABSENT: None <br />ABSTAIN: None <br /> <br />7. PUBLIC HEARINGS <br /> <br />Item 7a <br />PUD-94-04, New Cities Development Group <br />Application for development plan approval to construct. 43 single-family homes on a 7.6+ <br />acre site generally located at the norlhwest corner of the St. John Street/Pleasanton Avenue <br />intersection. <br /> <br />Also consider a negative declaration prepared for the project. (SR 95:45) <br /> Brian Swift presented the staff report. <br /> <br /> Mr. Pico asked for clarification of the last paragraph of the staff report. <br /> <br /> Mr. Swift explained that this is the stage (zoning designation and development plan <br />approval) where the Council can, through its zoning regulations, insure that the project that is <br />approved meets all of the requirements of the City for this site. Council does not have to <br />approve the application simply because it meets the regulations for the property. This is the <br />time when Council has the most discretion to decide what kind of project it desires for this site. <br /> <br /> Mr. Pico asked if that discretion is different than what the Planning Commission had? <br /> Mr. Swift indicated the Planning Commission had the same discretion. <br /> <br /> Ms. Dennis referred to the timing for the development of the park and the trail and asked <br />if it were possible to condition the approval of the final map such that it does not go forward <br />without assurance the park and trail will be developed. <br /> <br /> Mr. Swift believed the City Attorney should respond to the question of whether the City <br />Council can attach a condition that requires approval of another agency (Fish and Game). The <br />question will come up whether the condition itself is capable of being performed. <br /> <br />02/07/95 <br /> -11- <br /> <br /> <br />