01.1 - Laserfiche WebLink

Councilmember McGovern said she looked at Policy 5 and conservation and open space; "preserve as permanent open space all areas of outstanding scenic quality or areas which provide extraordinary views of natural and man-made objects". Program 5.1 states, "develop a ridge land preservation ordinance and scenic hillside design guidelines to improve safety and reduce potential negative visual impacts of development in hilly areas." She asked if this still was in the General Plan in the element and Mr. Iserson said it was. She asked if this could be done because it had been in the works for 11 years. City Manager Fialho said if the Council directs that this be done, staff can begin work on it. Councilmember Thorne questioned if it was the best time to include energy efficiency and water reductions as the homes come forward or was it best to do in the conditions of approval. Mr. Iserson suggested doing it as part of the conditions in the PUD, and this would establish the ground rules for all homes. Therefore, when people buy the lots, they are aware upfront of the requirements. Councilmember Thorne said a previous speaker indicated they felt the Lin Family had waived their rights to doing any development at all on the property as a part of the development of Kottinger Ranch, and Mr. Iserson said he had never heard of this and was not sure this was true or not. Councilmember Sullivan asked how they would have done this other than what is in the General Plan, and Mr. Iserson said they would have zoned their property as open space, but it does have a residential designation on the General Plan, so it gives them certain development potential, or they just would not submit a development application. Councilmember Thorne asked who does the follow-up on the mitigation monitoring and implementation plan and how the process is reported out, especially given the foliage and landscaping that is to provide screening. Mr. Iserson said it is staff's responsibility to ensure all requirements are filled, but if the Council wishes to see certain components of interest, those could return to the Council. He said there will be a homeowners association and the GRAD in place that monitors and maintains this over time, as well. Councilmember Thorne referred to the CC&R disclosure requirements, No. 14 on page 5 and asked if it adequately describes what we want to prohibit in the development, such as fifth- wheels, RV's, etc. Mr. Iserson said the Council can add activities or uses into the CC&R's. Councilmember Thorne asked staff to include those as he felt those items listed were limited. City Attorney Roush said No. 14 states that the CC&R's shall prohibit the parking of boats, campers and trailers on lots 1-51, and he said those CC&R's tend to be much more comprehensive in terms of what they prohibit and the developer does not want to create uses or parking that will impact the property values. It would be unusual for only those three things to be identified as prohibited within this type of project, but said staff could modify this to make these examples instead of it being limited to that. Councilmember Thorne asked if the development agreement incorporated the conditions of approval, and City Attorney Roush said they will be a specific exhibit to the agreement and will be an attachment to the agreement that will be recorded. He said the development agreement references exhibits attached, and this would be Exhibit C to the development agreement. Councilmember Cook-Kallio said in looking at the General Plan, it cannot be viewed selectively, she felt it needed to be viewed as a whole because in some cases, there are conflicting concepts that must be merged somehow. She felt the work done over the last 4 years has been unbelievable, realized that the EIR has been available since June 2006, the number of public and neighborhood meetings have been extraordinary, wants Kottinger Ranch people to know that the Council hears them, she felt it would have been easier if the HOA could have come to some sort of consensus and they tried, but ultimately, this is the Council's decision. It is the City Council Minutes 20 October 2, 2007