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Item No. 3 (continued) Report of City Manager and Director of Planning 1/5/84 Opinion of the City Attorney 12/22/83 Mayor Stangel stated that copies of a letter from Pat Sikora for the Atherwood Neighborhood Association dated January 9, 1984 had been distributed to Council members and inquired concerning its status for consideration. City Attorney Schricker advised that the letter may be received and considered generally but may not be used as a device to reopen the public hearing, which was closed on December 12, 1984. Mr. Schricker replied to questions relating to the R -1 -7 (residential- - single family - -7,000 sq. ft. lot) zoning of the subject property, and whether the subject application is an appropriate planned development permit (PDP) application, and advised that it is. Discussion followed and Mr. Schricker and Planning Director Schroeter replied to questions and commented regarding the density anticipated by the Horgan Ranch Specific Plan of May, 1981; the Council's discretion with regard to approval of PD applications; the adjacent lot sizes; and the development of the subject property permitted without a PD application. Mayor Stangel stated that the motion by Councilman Biagi, seconded by Councilman Rhodes, made at the December 12, 1983 meeting is before Council. M /S: Biagi /Rhodes to reverse the decision of the Planning Commission and grant the appeal of the Gregory Group relating to the subject property, noting that the use of planned unit development provides full City control of a large parcel and that as presently calculated, 23 acres of the Horgan Ranch property remain upon which 73 dwelling units may be built, and that findings are made that the development is consistent with the General Plan; consistent with the Zoning Ordinance; consistent with the Horgan Ranch Specific Plan of May 1981; and consistent with the environmental impact report; and further, that the conditions listed in the Report of the City Manager and Planning Director of January 5, 1984 and the Report of the Director of Public Works of December 27, 1983 shall be included. (Conditions are: Planning Director 1. That a development plan for the entire project area be submitted which shows the location of the dwellings on each property, driveway locations, minimum setbacks for all four yards of each parcel, and intended uses and design of the open space area. That the setback for all garages from the back of sidewalk be a minimum of 19 feet, and that the setback for all garages from the curb be a minimum of 22 feet and sidewalks on both sides of streets. Reg.Mtg. 1/9/84 Page 2 MINUTE BOOK NO. 44 Page No. 315