01 06-26-08 - Laserfiche WebLink

City Manager Fialho said it is specific as to how to count a unit. It defines the qualities inherent in that definition. Staff's concern is that if an assisted living facility comes forward that has those qualities, staff would have to count it. He confirmed the Initiative was not retroactive, so the City would not count what has already been built towards the cap, and the only concern that has been raised in the report is that assisted living on Staples Ranch has not yet been developed. Councilmember Sullivan said the current direction given is to count 240 units toward the cap. Assuming the project gets approved, he confirmed with City Manager Fialho that the last proposal submitted to the City would cause staff to count an additional 396 units towards the cap. Councilmember McGovern said the City has also used a definition of a housing unit in the past and in looking at the November 29, 2005 Joint City Council/Planning Commission minutes on land use, it talks about the Department of Housing and Community Development and defining a unit. She questioned whether or not assisted living affordable housing units are counted at the below market rate as part of our regional housing needs. Mr. Iserson said they can be counted and City Attorney Roush noted the City is likely to count as many units as it can toward its regional housing needs. Councilmember McGovern said even though they are counted towards the housing cap, they are still of great value toward meeting the City's regional housing needs, especially if they are moderate or low income units. Mayor Hosterman opened public comment. Allen Roberts said the Council is interested in placing an Initiative on the ballot to compete with the one signed by 5,000 voters. The Initiative would not have any substantive effect but would be a plan to create a plan but would trump the voter-sponsored Initiative. He questioned if 18 months was realistic and that time frame would give a large enough window for developers to get their projects approved, which would allow something to be enacted to save the hillsides after they have already been ruined. He felt citizens should have the chance to get a vote on the citizen's Initiative without the interference of aCouncil-sponsored plan. He urged the Council to either do a companion Initiative or Option 4, which is to do nothing. Lance Smith, Greenbriar Homes, applauded the Council for their decision to not adopt the Initiative but to place it before the voters. He asked the Council to follow staff recommendation 2 of the report to place a measure on the ballot that reaffirms the ridgeline protections in the General Plan and additionally, to establish a simple and clear hillside plan. He discussed benefits Greenbriar Homes provided the City through various developments, discussed projects that do not threaten hillsides or ridge tops and are threatened by the Initiative, discussed issues of the Initiative and questioned what it would protect, noting its vague and confusing language which he believed would result in litigation. Julie Rasnick said if people want to protect the hillsides they will vote for the Initiative signed by over 5,000 voters and anything else put on the ballot will risk the hillsides and ridgelines. Carolyn Newton said in the 1996 General Plan, there are clear references for the need to protect hillsides, said the citizen's Initiative has environmental protections through leaving land in its natural state and inevitably developers will threaten to sue the City and try to convince the Council to make interpretations that will allow development. She asked the Council not to delay Special Meeting Minutes 8 June 26, 2008