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- " ., we've heard. We have to move forward, but what we hear from the Specific Plan, doesn't make sense." - MIS: LEIPZIGIRUSKIN TO PROPOSE A 45-DAY STAY. TITLE READ BY THE CITY ATTORNEY. INTRODUCTION OF AN ORDINANCE. ORDINANCE ESTABLISHING MORATORIUM UPON THE DEVELOPMENT OF THE PROPERTY WITHIN THE "CG" (GENERAL COMMERCIAL) ZONING DISTRICT PORTION OF PROPERTIES INCLUDED IN THE LIDO NEIGHBORHOOD SPECIFIC PLAN, AND PROHIBITING THE ISSUANCE OF PERMITS OR OTHER ENTITLEMENTS PERTAINING THERETO Councilman Claire said he wanted to make some clarifications. "If I understand Councilman Leipzig's motion, we are going to, if we pass this ordinance, we are going to postpone this for 45-days to determine whether or not the zoning is consistent with the Specific Plan.... The point that has to be made is that the Specific Plan and the zoning, as I read it and from my experience as a Planning Commissioner, are consistent. If the City Attorney believes they are not consistent or there is some ambiguity in that, then I would vote in favor of the ordinance. But if it is the City Attorney's opinion... if he feels the Specific Plan and the zoning are consistent then I would have a hard time voting for the ordinance. I would like to ask him his legal opinion." Couneilman Leipzig said, "The reason I made the motion is, I believe that the comments the City Attorney made are ambiguous and in my mind, the whole thing is ambiguous." - City Attorney Sehricker said, "I am going to sidestep answering that question directly. And the reason I will do that is because what is called for is a legislative determination, and you are the legislators. And so the question is, one, is the description in the Specific Plan of low-rise R&D ambiguous. And if it is how can it be made specific? If it is not ambiguous the question is then is the "CG" zoning consistent with the Specific Plan, and you need to make a factual determination on that question. Not tonight, but in due time. If it is not consistent, then you need to eliminate the ambiguity in the Specific Plan and say what we mean by low-rise R&D, and what kind of zoning would be consistent with the Specific Plan. And that is a matter of legislative intent. I will say this. I would not recommend because we are dealing with property rights here, and the law is very protective of property rights, I would not recommend running out 45 days of time, because the law does allow for renewals of moratoriums but they have to be made after public hearing and based on proper findings. If you are going to go into a 45-day moratorium, then I would recommend also that without delay, the process of visiting this issue of consistency of zoning and the Specific Plan be addressed almost immediately, so that some certainty can be provided to the developers and the owners." Mayor Howard said now is the time to study this issue. She expressed concern for the surrounding properties. Mayor Howard said she liked the idea of a Master Plan. - REGULAR COUNCIL MEETING MINUTE BOOK NO. 56 NOVEMBER 17,1997 MINUTES Page No. 065 PAGE 34