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CCMIN121608
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CCMIN121608
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
12/16/2008
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CCMIN121608
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can be reconciled when looking at the state law requirement particularly with regard to second <br />units, the U.S. Census Bureau definition, other state law definitions talking about independent <br />living, as well as a letter in the public record from one of the PP petitioners and the testimony at <br />the public hearing. <br />The Council has several steps and options for implementing Measures PP and OQ. Based on <br />operation of law; the policies adopted will now become part of the current General Plan and will <br />be carried forward into the proposed General Plan. Option 1 would be to have those policies put <br />into the General Plan and as projects come forward, they would be subject to the regular public <br />review process that includes review under CEQA, but this could subject a project to an EIR or <br />other type of analyses. <br />Projects would all need to be consistent with the General Plan and current data and databases <br />the city uses. With any normal public review project, this takes place after a process with the <br />Planning Commission through noticed public hearing. <br />Option 2 would be for the Council to direct staff to prepare administrative guidelines for the <br />implementation of PP and QO. These would be developed by staff and they could help to <br />provide property owners with some further guidance about their projects and properties and <br />opportunities they might have. There would be time needed to develop such guidelines, but it <br />could be used as a tool to clarify databases or other information that staff uses to prepare <br />reports. However, she stressed that any type of guidelines or ordinances could not modify the <br />provisions of PP and QO. <br />Option 3 is to adopt a formal ordinance and potentially implement PP and QQ, and any <br />ordinance going forward would be submitted to the City Council. Any ordinance would be <br />subject to environmental review under CEQA and a formal ordinance provides more certainty to <br />property owners. However, there would be a lot of time needed to develop it by going through <br />the entire public process. And as new information becomes available through the public <br />process, there might be a loss of the ability to quickly adopt and use that new information. <br />Option 4 is to consider a public stakeholder's process to develop a hillside protection ordinance <br />and guidelines, similar to the advisory provisions of QQ about this public stakeholder process. <br />Council could direct staff to return with proposals about the membership of such a group, what <br />areas to be covered would include, what the scope of the work would involve, but it would have <br />to be clear that any type of process could not modify the provisions of PP or OO. This would <br />allow greater public participation in the hillside development regulations, potentially provide <br />greater certainty for property owners, but there would be an extended time needed for the <br />process. <br />Councilmember Sullivan referred to the rationale for the options, stating he read both measures, <br />and it seems like Option 1 is the one that comes out from the vote. He did not see where <br />Options 2, 3 and 4 were coming from either measure as something that needs to be done and <br />asked for further clarification. Ms. Seto said neither measure requires further action; they are <br />policies adopted by the voters and placed directly into the General Plan. Options are provided <br />because there had been the discussion in Measure OO about having a public process. In staff's <br />analysis, PP restrictions would potentially be an end product of a process, so staff still wanted to <br />talk about this as one option. And, just as any type of development process, staff often hears <br />that property owners are interested in more certainty, so guidelines for a formal ordinance could <br />help provide that. However, neither measure would require above and beyond what is created in <br />either measure. <br />City Council Minutes Page 5 of 15 December 16, 2008 <br />
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