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Item No. 1 (continued) In response to questions, City Attorney Schricker said that whether any liability to the City may exist if the density exceeds that anticipated in the EIR is open to interpretation, noting that a supplemental EIR is possible depending upon findings. Lengthy discussion followed and Planning Director Schroeter and Mrs. Sikora replied to questions and commented concerning the number of dwelling units anticipated in the Horgan Ranch area; the spread of the units; the history relating to the Specific Plan and EIR for the area; the expected benefits to the City of use of PUD versus conventional development; and the relationship of the Zoning Ordinance to the Specific Plan. Jules Eichorn, 6 Atherwood, stated that children presently use his property as a shortcut to school and that the proposed development would increase the number of children doing so. Richard Tsukushi, 50 Horgan Avenue, horticulturalist and agriculturist, commented concerning trees proposed to be preserved, suggesting some trees might not survive if surrounded by street materials and traffic, but could cause traffic hazards. Mr. Foulk (see above) described the manner in which trees on streets are proposed to be preserved. In response to question, Mr. Foulk said that the Alverno Hills development has single family lots of 4100 to 4900 sq. ft. Jim Thompson, attorney representing the owners of the subject property, said that he understands the Specific Plan to allow 3 to 7 units per acre, while the proposed development is for 6 units. Mr. Thompson stated that the PUD gives the City the opportunity to control the development and suggested that having the one large parcel developed by one developer in a coordinated design is preferable to having individuals develop one or a few lots at a time. Mr. Thompson observed that the Atherwood residents appear to like their small homes and that others will find those proposed to be built desirable also. Mayor Stangel invited anyone else present who wished to speak to do so. No one wished to speak. M /S: Rhodes /Biagi to close the public hearing. Carried unanimously by voice vote and public hearing closed at 9:35 p.m. Discussion followed and City Attorney Schricker and Mr. Schroeter replied to questions and commented concerning the requirements of the Specific Plan and the EIR for the Horgan Ranch properties and those of the Zoning Ordinance. Mr. Schroeter stated that no conditions were attached, since the Planning Commission denied the subject application, but if their decision is to be reversed and the application granted, then conditions should be recommended. Reg.Mtg. 12/12/83 Page 3 MINUTE BOOK NO. 44 Page No. 305