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7.2.A. - Page 28 <br /> the EIR does, its processes, and the difference between certifying EIR and approving <br /> EIR. The City Attorney added that the EIR document provides specific mitigation <br /> measures dependent upon future studies. But it also achieves specific performance <br /> measures that must be followed. <br /> M/S Ira/Foust certifying the Environmental Impact Report. Motion carried <br /> unanimously by electronic vote. <br /> One Council Member provided a hypothetical example of a vacant lot and the ratio the <br /> house could be built at. Mr. Lyon addressed that question and said that the Zoning <br /> Code doesn't have a floor area ratio for residential. The same Council Member <br /> discussed further the comparison table from other Cities and Condition 19. Mr. Lyon <br /> added that the reason for variations was due to cities' using different methodologies. <br /> One Council Member said that she would support Condition 19, without the edits from <br /> the Planning Commission if that was a motion on the floor. Another Council member <br /> noted that she too would support Condition 19 as presented by staff and not edited by <br /> the Planning Commission. A different Council Member agreed that the logic from staff <br /> is reasonable, but her concern is that the vision for this development does not meet the <br /> character of this neighborhood. She would support a more rural look and feel, and <br /> would like the development to fit the neighborhood. One other Council Member is <br /> concerned about having currently having no hillside ordinance. He feels that this is <br /> making a de facto action or setting a precedent. Dr. Bell said that this plan will be <br /> brought back to Council and he does envision this does not establish the City's new <br /> hillside ordinance. City Attorney Thompson interjected and said that this would be <br /> setting a frame of reference but not a real precedence. This Council Member said he is <br /> concerned about that. Another Council Member wanted to know if there was no hillside <br /> ordinance what is the Council to apply. Mr. Lyon said that through Article 32, it would <br /> be applicable to newly created lots. This is specifically related to lot size and not house <br /> size. The same Council Member further stated that the City could apply new building <br /> laws and Mr. Lyon confirmed. <br /> Council Member Foust would like to extend the meeting to 11:30 p.m. <br /> M/S Foust/Gee to extend the meeting until 11:30 p.m. Motion carried by unanimous <br /> roll call vote. <br /> One Council Member brought up the Planned Development Permit (PD). She <br /> understood that the Permit is to look at the cumulative impacts, to aggregate but it's <br /> become more challenging recently. She says that this is an issue for Council and needs <br /> to be looked at. Mr. Lyon added that the PD provides flexibility and mentioned the <br /> Oakwood Subdivision as an example. He said it is intended to address non-standard <br /> issues and to look for context and site issues. <br /> Vice Mayor Gee followed up with a question regarding the PD, asking if without a PD, <br /> could Council impose Condition 19 and the City Attorney confirmed there is no <br /> mechanism. Vice Mayor Gee shared concerns about who will maintain the <br /> infrastructure. He would like to see binding the responsibility to make the improvements <br /> and binding the cost for maintenance down. Dr. Bell said he would like Staff to come <br /> CITY COUNCIL September 23, 2013 <br /> MEETING MINUTES PAGE 13 <br />