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I ask everybody to either silence or turn
off your cell phones and mobile devices

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this is not an airplane but still could be

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a little bit embarrassing for you
let's start tonight's meeting with

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a pledge of allegiance please.
I pledge you just to the

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flag Yes yes of America and
probably just yes the nation

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. And it is well let me just

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. Thank you and your

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thank you for being here and welcome to
tonight's special meeting of the Fortuna

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city council this Tuesday October twenty
sixth two thousand and ten could we have

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a roll call in the police councilman Bertie
Yes councilman Glazer here comes when

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Sandy hear their protests strong here now
what church here thank you Linda that's

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a nice meeting we have one business I don't
know but before we get into that one

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item we need to open it up for all comments
so the public from the public where

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members of the public may be heard on
any advent of interest that is not on

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tonight's meeting agenda speakers addressing
the Count's were asked to limit their

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comments to three minutes perspective and
please be advised that by law the city

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council is not able to deliberate or take
action on issues presented during all

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comments if it's not on tonight's agenda
so anything that is not on tonight's

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agenda now is the time to come up
and make common anything you please

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Mr Mayor make

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a motion close public comment period.
Second move and second to close the public

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comment period all in favor say aye aye aye
aye and you post in case that's Kerry.

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And like I said there is one
item on tonight's agenda it is

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a public hearing to consider certification
of the program environmental impact

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report for the Fortuna general plan update
and accompanying findings under the

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California Environmental Quality Act and
consider adoption of the port tuna general

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plan update through adoption of resolutions
two thousand and ten dash forty five

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and two thousand and ten dash forty six and
just to let everybody know kind of the

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order how things are going to happen
this evening is we will be receiving

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a staff report. And then those of us on
the council may have some questions or

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direction or anything we might want to say
in relation to the staff report and then

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we will open the public hearing and during
the public hearing it in will and we

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will ask those who speak to to limit their
testimony to three minutes once we've

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taken testimony for the public hearing we
will close the public hearing counsel may

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have

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a couple of questions just for clarification
but then we will recess and we will

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allow staff and legal counsel to consider
what has been brought forward during the

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public comment period during the public
hearing and also perhaps some comments or

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question that council members may have.
We want staff and legal counsel time to

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kind of digest and to prepare responses
where those response where responses are

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appropriate and then we will reconvene and
we will receive or and or report from

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the staff concerning the comments
and questions received during

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a public hearing. And after that we will
take up deliberation and consider the two

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resolutions that are in front of us
tonight so doing would you like to get us

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started with the staff report and I have
very brief introduction of your staff who

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have been of course working on this project
for five years and were delighted to be

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here this evening for this event Shorey
our deputy director of Community

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Development and the Corps Steven Avis our
associate planner and then representing

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our primary consultant
plan West Robert C.V.

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And of course our consulting sequal
attorney Larry Wiener who you met in

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a previous meeting and of course your
city attorney and myself so that's our

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introduction to you I'm going to turn it
over to Stephen to start the presentation

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. Thank you very much to marry

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members of the Council. In
previous meetings we've talked

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a lot about the importance of general
plans the legal requirements for general

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plans. What's included in general plans
their role in terms of shaping the

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community projecting population growth
in the development that we want to see

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happen as

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a result of that we won't go over all those
details now unless you would like to

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refine in on those. But suffice
to say that it has been a long

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a long road that we have been traveling
together to get to this point this general

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plan among other things highlights five
areas within the city where we expect

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development to occur in the next twenty
twenty five thirty years we would like that

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to occur and makes provisions for allowing
us to help shape that and define how

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that's going to be done and for the
betterment of the city it also projects for

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areas that are suitable for an extension
of the city in the future to meet needs of

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the city and to benefit property owners
in those areas as well those are the main

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thrust of the of the plan itself.

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Of course as we move forward on this I'd
like to thank the council the Planning

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Commission the community advisory group
and all the people who showed up at the

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workshops early on in this process ironically
our first community workshop was on

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November tenth and twenty zero five which
is just about five years ago. There was

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a lot of

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a lot of community interest in those in
those workshops as you know and that kicked

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off a

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a long chain of events that is called
leading this evening's proceedings. Along

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the way we've generated

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a lot of. Paperwork much of which we've
identified here on the front table lot of

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documents were prepared

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a lot of reports written many things
considered we have charts and diagrams in the

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back room that we're not bringing out the
C Evening people's notations handwritten

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notes green dots all sorts of things that
we were using to begin to figure out what

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it was that the community was looking for
and how to and how to develop it into

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a plan for the future which you have
tonight before you were two resolutions

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on page thirteen of your
staff report you will find

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a pretty lengthy Resolution two thousand
and ten forty five this will be the first

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start of your first resolution that you
will be looking at which will be towards

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the certification of the I.R.

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And our secret tourney Larry winner will
go over that with you in more detail

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a little bit later in the staff presentation
following that one on page seventy

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nine has

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a resolution twenty ten ash forty six
which will be the adoption of the general

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plan and with those are

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a number of policies by my reference.
But I'd like to do now is to go over

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the changes to the policy language that
appears in the document that you've now had

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in binder form for some time and walk you
through some of those on beginning on

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page one hundred one. Other
staff reported detachment day

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these are recommendations which were
generated by the Planning Commission during

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twelve meetings that they held
when they reviewed the document.

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These were introduced to you at the joint
public session on the eleventh of this

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month. We've made

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a change to one of those on page one
hundred four item at the bottom

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. And staff is recommending a replacement
of the language on that and we provided

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a copy on your diocese. To you for the
language change staff is recommending that

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the language addressing loading
zone that are near noise sensitive

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receptor such as day care centers
senior centers senior retirement homes

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residential areas and so forth be
modified. To remove specific language by

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requiring noise walls and restricting
limitations of delivery and

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pick up by hour and day that week the new
language that we're recommending for the

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loading dock section of it is as follows
The proposed new law that loading docks

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adjacent to noise sensitive land uses
shelling clude noise attenuate the futures

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were required to ensure that associated
noise does not exceed sixty DVA L.D.N.

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At the exterior is of any existing of
proposed residential use this is the language

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that was proposed by the Planning Commission
and staff agrees that it that it's

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appropriate in this location and as
asking that you consider that to replace

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comment P.

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In the staff report the other
items remain as they are on that

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on page one hundred seven. Detachment
be. Attachment be contain some

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language changes that was
generated recently as

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a result of the preparation of the environmental
impact report the change language

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results from comments that we received from
resource agencies and it has added some

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new language in about four policies
and then is actually removing

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a couple of policies dealing with transportation
and those are being moved into the

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I.R.

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Document. On

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page one zero seven I'm sorry one zero
nine there are two items the first one was

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language requests language change requested
by the City Council itself and that

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dealt with historic agricultural retention
it was felt by the both the Planning

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Commission and the City Council that the
language to boost two specific to one

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parcel and that it could be reworded
to be more broadened and so that

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recommended policies is listed there is
and see our seven point one two historic

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technical for retention if requested by
property owners the city shall cooperate

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with the owners of established orchards
or farms at least fifty years of age to

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explore options for retaining the historic
nature of the land so the establishment

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of historic park and or
cultural resource center as

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a private nonprofit entity by means
of conservation easement or as

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a donation of historic Parkland to
the city and then the third item

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is a request by staff to modify
the colossally of terms by adding

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a new definition defining public inquiries
like public facilities as follows.

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The institutional academic governmental
and community service uses such as parks

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schools libraries governmental facilities
cemeteries fire stations airports

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hospitals to his treatment plants or refuse
transfer stations and recycling centers

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public inquiries like public uses are
conditionally permitted and that gives

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greater clarity as to what is intended by
that definition. And that was intended to

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respond to concerns that had been expressed
it at several meetings by. Your group

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or disposal among others.

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Also included in

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a staff report then is the. The final You
are what you have received separately as

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a compound document and I apologize for the
irregular reading of the first version

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of that had. And then finally is the

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. Mitigation monitoring reporting program
which is included in the package as well

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in those planes the subsequent steps of
the city will take to ensure that the

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medications that are listed in the
environmental impact report are adhere to and

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followed because of the way in which the
city structured its policy document and

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environmental impact report are mitigation
monitoring program is fairly limited

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there were not

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a lot of mitigation measures needed forward
for the city's general plan so that

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makes that process

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a little bit easier and easier to go
on the development community as well.

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The preparation of

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a general plan includes several components
the main thing obviously is the policy

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document that you've been that you've
had in your hands and more recently the

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actually larger that body of work which
is the environmental impact report which

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evaluates the effects that are desired
growth in the city would have on the

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environment and what steps should
be taken to. Minimize or religion

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a negative environmental impacts and that's
part of the requirement that we deal

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with the sequel and that portion of
the staff who will be provided by our

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secret journey Larry winner and by Robert
Hellman who is primary author of the

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environmental impact report and help staff
then to respond to comments from the

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comet letters we received as

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a result of circulating the document so
at that point I will turn it over to

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a misdemeanor. Thank you. About two
weeks ago when I was here we spoke

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a little bit about sequence so I will try
not to retrace those steps again and

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repeat that discussion so but I would
like to just briefly note that the

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documents during front of you really
embody two things they embody both local

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desires and a response to state and in
some cases federal mandates and there is

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a result of that I think as we all acknowledge
there is probably some language in

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each of these documents that
we have in there not as

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a result of local desires but really as

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a response to the need to comply with
both state and federal law that said. I

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believe that there is

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a benefit to swallowing hard and incorporating
this mandated language into these

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documents because believe it or not at
the end of the day by incorporating that

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language into these documents I believe you
will be streamlining development in the

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future by addressing
these issues now and in

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a comprehensive way it will allow development
to move forward without having to

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address these issues on

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a case by case basis and spearing in some
cases the developer either the time to

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well both the time and the expense of
addressing these issues as in the individual

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development moves forward in my experience
in fact there are some larger developers

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who wouldn't choose to develop in

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a community where the path
has not been paved with

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a document such as this and I think you
as I recall had some experience with that

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when you had someone looking at the former
mill property. Rather though then spent

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a lot of time dwelling in generalities here
and now let me if I may turn the matter

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over to Mr Hellman who is going to review
what specifically is provided for in the

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E.R.

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And I will course be happy to answer any
questions regarding the matters if you would

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like to ask any later on.

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Thanks Larry good evening
tonight I will be presenting

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a short about ten minute presentation on
the findings of the program environmental

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impact report I'll start with

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a short discussion of the California
Environmental Quality actor sequence including

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going over the history of the current
process and the type of it I are that was

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prepared next I'll cover
the draft program E.R.

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That was prepared for the general plan
including its contents and findings and

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finally I'll go over the list of commenters
the contents and the findings of the

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final program environmental
impact report. Starting

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with the history of the current
process in two thousand and seven

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a general plan background report
was prepared basically to serve as

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a baseline of environmental information
for both the general plan and the E.R.

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. In two thousand and seven there was also

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a citizen's advisory group meetings
and community workshops. Where

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input on general plan formulation was
taken. In two thousand and eight

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a general plan update policy document was
prepared and also the first story of the

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two thousand and eight draft program you
are with circulated after that you are

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were circulated city council directed staff
to revise the two thousand and eight

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policy document and revise and we circulate
the two thousand and eight draft

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program are based on city legal councils
review of agency and public comments

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received on the two thousand and eight
Yar and associated recommendations for

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revisions also the planning
commissions request to have

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a greater role in general plan formulation
and finally the addition of the Rona

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00:18:28,65 --> 00:18:34,25
rural airport annexation area to the plan.
In two thousand and nine the Planning

224
00:18:34,26 --> 00:18:38,12
Commission held twelve general
plan update public workshops

225
00:18:38,59 --> 00:18:44,64
a revised general plan update policy
document was prepared and preparation of

226
00:18:44,65 --> 00:18:47,89
a revised draft program in I.R.

227
00:18:47,90 --> 00:18:54,09
Was initiated. When finally in two
thousand and ten the draft program E R was

228
00:18:54,10 --> 00:18:57,02
circulated the final program E.R.

229
00:18:57,03 --> 00:18:58,08
Was prepared

230
00:18:58,47 --> 00:19:02,90
a joint planning commission city council
and separate Planning Commission hearing

231
00:19:03,33 --> 00:19:09,66
was held on the general plan and now we're
at the current city council hearing to

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00:19:09,67 --> 00:19:11,28
certify the I.R.

233
00:19:11,32 --> 00:19:13,58
And adopt the general plan

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00:19:13,58 --> 00:19:18,39
.

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00:19:23,55 --> 00:19:25,53
With respect to that type of E.I.

236
00:19:25,54 --> 00:19:30,31
Our That was prepared there
are several types of V.R.S.

237
00:19:30,32 --> 00:19:34,91
But the two most common
are project is the I.R.S.

238
00:19:34,92 --> 00:19:39,58
Or just A I R and program ours or P.E.I.

239
00:19:39,59 --> 00:19:43,02
Ours. Project the I.R.S. And the I.R.

240
00:19:43,03 --> 00:19:43,61
Prepared for

241
00:19:43,62 --> 00:19:49,23
a construction project or similar detail
type or project it is for paired at

242
00:19:49,24 --> 00:19:55,90
a detailed site specific or equivalent
level of analysis and no subsequent sequal

243
00:19:55,91 --> 00:20:01,68
review is assumed for a program
in the I.R. Which is an E.I.

244
00:20:01,69 --> 00:20:08,13
Are prepared for a planner program it is
prepared at a lesser level of detail and

245
00:20:08,14 --> 00:20:13,73
a program Matic level of
analysis with subject produce

246
00:20:13,77 --> 00:20:19,49
a subsequent project by project seek
review assumed as development projects are

247
00:20:19,50 --> 00:20:25,88
proposed under the proposed plan or program.
The primary benefit of a program E.R.

248
00:20:25,89 --> 00:20:32,64
Is as Larry indicated before it allow
streamlining or tearing of subsequent

249
00:20:32,65 --> 00:20:36,51
project level sequin
review So for example if

250
00:20:36,55 --> 00:20:43,32
a subdivision is proposed under the
proposed plan or proposed general plan

251
00:20:43,32 --> 00:20:48,79
. Normally you would prepare an initial
study and determine whether any I.R.

252
00:20:48,80 --> 00:20:54,34
Was required. Under this tearing
process of a program E.I.

253
00:20:54,35 --> 00:20:58,51
Are you would still prepare an initial
study but you wouldn't necessarily have to

254
00:20:58,52 --> 00:20:59,69
prepare any I.R.

255
00:21:00,02 --> 00:21:06,20
You could conclude that. The project
is consistent with the general plan

256
00:21:06,26 --> 00:21:12,68
and consistent with the range of
environmental impacts that were covered

257
00:21:12,99 --> 00:21:14,21
under the program E.I.

258
00:21:14,22 --> 00:21:18,92
Are so for many projects this would save

259
00:21:19,34 --> 00:21:24,68
a year worth of time and also the
cost and effort of preparing any I.R.

260
00:21:25,74 --> 00:21:29,13
The Fortuna general plan
update D P E I R is

261
00:21:29,14 --> 00:21:34,80
a program E I R And this is consistent with
sequel guidelines section one five one

262
00:21:34,81 --> 00:21:38,69
four six which states that
the degree of an E.I.

263
00:21:38,70 --> 00:21:44,23
Are specificity shows correspond to the
degree of specificity involved in the

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00:21:44,24 --> 00:21:51,15
underlying activity. Moving on

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00:21:51,16 --> 00:21:55,12
to the contents of the
draft program eat I.R.

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00:21:55,12 --> 00:22:00,73
. There was an executive
summary a introductory chapter

267
00:22:01,18 --> 00:22:07,49
a chapter describing the proposed
plan and then nine impact chapters

268
00:22:07,92 --> 00:22:11,75
evaluating the environmental effects
of implementation of the proposed plan

269
00:22:12,47 --> 00:22:18,32
including chapters on land use transportation
and circulation natural and cultural

270
00:22:18,33 --> 00:22:24,66
resources including biological resources
cultural resources water quality farmland

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00:22:24,67 --> 00:22:26,04
conversion etc

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00:22:26,81 --> 00:22:33,33
a chapter on parks recreation open space
and visual resources. Chapters on public

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00:22:33,34 --> 00:22:37,22
facilities and services and
public health and safety

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00:22:37,97 --> 00:22:42,38
a chapter of valuating are
describing and evaluating

275
00:22:42,39 --> 00:22:48,32
a rainy range of reasonable alternatives
to the proposed plan and then chapters on

276
00:22:48,33 --> 00:22:55,32
cumulative impacts and other sequel topics
such as growth inducing impacts. The D P

277
00:22:55,33 --> 00:23:00,50
E I are also includes a set of the pen
to seize including the original notes

278
00:23:00,51 --> 00:23:04,15
a preparation comments on the prior D.E.I.

279
00:23:04,16 --> 00:23:10,15
Our trip generation by traffic analysis is
own Native American Heritage Commission

280
00:23:10,16 --> 00:23:14,76
sacred lands file track air
pollution a mission calculations

281
00:23:14,81 --> 00:23:20,56
a hazmat record search the Fortuna general
plan background report and the mill

282
00:23:20,57 --> 00:23:27,57
district area plan. With
respect to the findings of

283
00:23:27,58 --> 00:23:29,05
the D.P. E.I.A. Are

284
00:23:29,50 --> 00:23:34,30
a total of one hundred seventy number of
impacts were evaluated covering each and

285
00:23:34,31 --> 00:23:41,13
every question in the sequel environmental
checklist. Of these eighty four impacts

286
00:23:41,14 --> 00:23:45,65
were can complete concluded to be bent
on a beneficial impact no impact or

287
00:23:45,66 --> 00:23:50,91
a lesson significant impact six impacts
were concluded to be significant before

288
00:23:50,92 --> 00:23:55,76
mitigation but less than significant after
mitigation and seventeen impacts were

289
00:23:55,77 --> 00:24:00,19
concluded to be significant unavoidable
adverse impacts and other words impacts

290
00:24:00,60 --> 00:24:05,33
where no feasible mitigation is
available to mitigate it completely to

291
00:24:05,61 --> 00:24:12,06
a level of loss and
significance. These impacts the

292
00:24:12,07 --> 00:24:18,30
significant unavoidable is included. Impact
three point one dash two conflicting

293
00:24:18,31 --> 00:24:25,17
with Humboldt County general plan and
zoning and this focused on the future and

294
00:24:25,18 --> 00:24:28,70
accession areas where city
general plan land used as

295
00:24:28,71 --> 00:24:34,49
a nation's and zoning would replace county
zoning and in multiple instances or

296
00:24:34,50 --> 00:24:39,64
actually be an update on her up designation
from the existing county land used as

297
00:24:39,65 --> 00:24:43,72
ignitions and zoning
impact three point one C.

298
00:24:43,76 --> 00:24:48,78
Is contributing to cumulative complex with
the county general plan and zoning which

299
00:24:48,79 --> 00:24:55,65
is basically just the same inconsistency
again but assuming that the projects

300
00:24:55,66 --> 00:25:02,01
in concert the general plans in consistencies
are added to other inconsistency is

301
00:25:02,02 --> 00:25:06,96
that may be occurring in the county for
instance recent Rio del annexations once

302
00:25:06,97 --> 00:25:11,39
again they were placed there or general
plan only and used as of nations and zoning

303
00:25:11,43 --> 00:25:17,23
with county zoning so there were obviously
some conflicts so so forth and so on

304
00:25:18,18 --> 00:25:23,93
impact three point two dash one growth
inducement the general plan would basically

305
00:25:23,94 --> 00:25:30,42
designate land for urban use so that would
be growth inducing impact and impact

306
00:25:30,43 --> 00:25:32,52
three point two C.

307
00:25:32,82 --> 00:25:39,79
Once again contributing to cumulative
growth inducement. The plan is

308
00:25:39,80 --> 00:25:43,55
basically getting doing twice for a
number of these for both resulting in

309
00:25:43,84 --> 00:25:46,92
a project or plan specific impact and also

310
00:25:46,93 --> 00:25:53,21
a cumulative impact in this for the same
impact Impact four point one dash one

311
00:25:53,22 --> 00:25:59,86
traffic level of service impacts at
Bryant and Main Street South. Beyond

312
00:25:59,87 --> 00:26:02,96
approach impact five point two C.

313
00:26:03,00 --> 00:26:09,15
Contributing to cumulative loss of sensitive
species habitat impact five three one

314
00:26:09,16 --> 00:26:15,68
cut converting prime farmland to
urban use. And attack five three to

315
00:26:15,69 --> 00:26:20,56
converting timber land to urban use both
of these both the farm land conversion and

316
00:26:20,57 --> 00:26:26,40
the temblor conversion have to
do with re designating. Certain

317
00:26:26,40 --> 00:26:32,79
. Existing prime agricultural.
Or farm land and

318
00:26:33,61 --> 00:26:39,65
existing timber land for urban use.
Impact five three three conflicting with

319
00:26:39,66 --> 00:26:44,56
existing agricultural
zoning. Five three C.

320
00:26:44,84 --> 00:26:50,91
Cumulative impact farmland and Timberland
conversion. Impact eight one one

321
00:26:50,92 --> 00:26:56,80
conflicting with North Coast unified
Air Quality Management District pm ten

322
00:26:56,84 --> 00:27:03,20
attainment plan in that development permitted
under the plan would generate pm ten

323
00:27:03,21 --> 00:27:07,03
or small particularly the missions at

324
00:27:07,04 --> 00:27:12,89
a time when the area district is trying
to reduce pm ten A missions and that's

325
00:27:12,90 --> 00:27:19,81
basically occurs with every new development.
Impact eight point one dash to the

326
00:27:19,82 --> 00:27:25,83
emission of construction and operational
emissions above Air Quality Management

327
00:27:25,84 --> 00:27:30,47
District significance thresholds
impact eight one three the emission of

328
00:27:30,48 --> 00:27:34,13
a substantial amount of T B P M ten in

329
00:27:34,17 --> 00:27:40,53
a air base and that is not an attainment
for that particular pollutant. Impact

330
00:27:40,57 --> 00:27:47,05
eight one for conflicting with the state.
Greenhouse gas emission reduction goals

331
00:27:47,47 --> 00:27:53,68
and once again that's similar to PM ten
where the state has adopted targets for

332
00:27:53,69 --> 00:27:59,75
reducing greenhouse gas emissions but this
plan would permit new development that

333
00:27:59,76 --> 00:28:06,11
would generate additional greenhouse gas
emissions impact eight one see can drip

334
00:28:06,12 --> 00:28:11,72
contributing to significant cumulative air
quality impacts and then impacts eight

335
00:28:11,73 --> 00:28:18,56
two three and eight to see generating
traffic noise impacts on existing

336
00:28:18,57 --> 00:28:25,11
sensitive receptors. With respect to these
impacts it is important important to

337
00:28:25,12 --> 00:28:31,50
note that the proposed plan would result
in so many significant unavoidable as Pax

338
00:28:31,99 --> 00:28:37,28
because of the large development potential
under the proposed plan basically under

339
00:28:37,29 --> 00:28:40,65
the plan the. Plan would permit

340
00:28:40,66 --> 00:28:46,79
a net increase of roughly fifty eight
hundred residential units over thirteen

341
00:28:46,80 --> 00:28:53,26
thousand new city residents and one point
three seven million square feet of new

342
00:28:53,27 --> 00:28:58,80
commercial office and industrial uses So
basically doubling the size of the city's

343
00:28:58,80 --> 00:29:05,61
. Residential units and resident
population. And quadrupling of the saw

344
00:29:05,93 --> 00:29:12,80
or the amount of commercial office and
industrial use so just that that mere.

345
00:29:12,80 --> 00:29:18,67
Masseur increase in residential then
development. Under the plan results and so

346
00:29:18,68 --> 00:29:25,01
many significant unavoidable out of recent
pacts. And it's because of that and not

347
00:29:25,02 --> 00:29:25,44
because of

348
00:29:25,45 --> 00:29:30,41
a lack of repose environmental pretty
protections that so many significant

349
00:29:30,42 --> 00:29:37,18
unavoidable sort of perk. With

350
00:29:37,19 --> 00:29:39,70
respect to the findings of did the P.E.I.

351
00:29:39,71 --> 00:29:44,40
Are concerning alternatives three
alternatives were considered in the I.R.

352
00:29:44,41 --> 00:29:44,86
Including

353
00:29:44,87 --> 00:29:49,99
a no project alternative which is basically
implementing the system the city's

354
00:29:50,00 --> 00:29:52,14
existing one thousand nine
hundred three general plan

355
00:29:52,74 --> 00:29:56,73
a reduced density alternative which
included twenty percent less commercial

356
00:29:56,74 --> 00:30:01,65
industrial development and ten percent
less residential development and

357
00:30:01,66 --> 00:30:06,78
a resource management alternative which
designated certain certain outlying

358
00:30:07,05 --> 00:30:13,96
forested and farmland areas and as
either natural resources or agriculture

359
00:30:13,97 --> 00:30:18,81
or rather than some type
of urban use. The E.I.A.

360
00:30:18,82 --> 00:30:25,15
Are concluded that the alternatives from
least to most impacting were the reduced

361
00:30:25,16 --> 00:30:30,44
density alternative the resource management
alternative of the proposed general

362
00:30:30,45 --> 00:30:36,31
plan and finally the no project or one
thousand nine hundred three general plan the

363
00:30:36,32 --> 00:30:42,01
ninety three general plan was identified
as the most impacting primarily because it

364
00:30:42,02 --> 00:30:46,52
is it lacks many of the environmental
protections proposed in the current general

365
00:30:46,53 --> 00:30:50,12
plan document and finally the E.I.

366
00:30:50,13 --> 00:30:52,73
Are concluded that because

367
00:30:52,74 --> 00:30:57,52
a reduced density alternative was the
least impacting alternative it was the

368
00:30:57,53 --> 00:31:03,12
environmentally superior alternative. And
it should be noted that while the E.I.A.

369
00:31:03,13 --> 00:31:08,03
Are identified the reduced density
alternative as the environmentally superior

370
00:31:08,04 --> 00:31:13,68
alternative. Neither the reduced density
alternative nor the resource management

371
00:31:13,69 --> 00:31:19,49
alternative would achieve all of
the general planned objectives

372
00:31:19,49 --> 00:31:26,16
. And both of those plans or
alternatives would also conflict with

373
00:31:26,17 --> 00:31:32,95
has what was apparent during many of
the public workshops and previous

374
00:31:33,73 --> 00:31:40,51
hearings which was that city residents
do not want their. Their properties down

375
00:31:40,52 --> 00:31:46,16
zoned or down designated and both of those
alternatives would do that because of

376
00:31:46,17 --> 00:31:52,05
these reasons city staff is going to be
recommending approval of the proposed

377
00:31:52,06 --> 00:31:57,62
general plan instead of either the
reduced density or resource management

378
00:31:57,63 --> 00:32:03,23
alternative. Despite that the I.R.

379
00:32:03,24 --> 00:32:08,84
Identifies the reduced density alternative
as the environmentally superior

380
00:32:08,85 --> 00:32:15,81
alternative. Moving on to the
contents of the finally are our

381
00:32:15,82 --> 00:32:22,69
final program E.I. Are a forty five day
public review period on the D.P.I.

382
00:32:22,70 --> 00:32:28,23
Are was provided from July twenty first to
September eighth two thousand and ten in

383
00:32:28,24 --> 00:32:32,56
addition a city sponsored public
comment meeting on the D.P.I.

384
00:32:32,57 --> 00:32:38,73
Are was held on August thirtieth two
thousand and ten. The city received twelve

385
00:32:38,74 --> 00:32:45,68
comment letters during the review process
including letters from thema the native

386
00:32:45,68 --> 00:32:51,02
heritage American Heritage Commission Bear
River Band of run of roll ranch arena.

387
00:32:52,13 --> 00:32:56,99
Two letters from telephone the apartment
of transportation. Book County Department

388
00:32:57,00 --> 00:33:02,29
of Public Works Craig Barry California
Department of Fish and Game the Harlan law

389
00:33:02,30 --> 00:33:08,21
firm representing ill river disposal Dean
Glazer friends of Roan of rural park

390
00:33:08,62 --> 00:33:15,23
redwood forest and the California Regional
Water Quality Control Board. During the

391
00:33:15,27 --> 00:33:20,60
public comment meetings the city also
received comments from seven individuals at

392
00:33:20,61 --> 00:33:23,19
the meeting including Sylvia G.

393
00:33:23,20 --> 00:33:29,72
Tell us too long Craig Berry or
Jamison representing epic Dennis went

394
00:33:29,79 --> 00:33:36,41
Wally Wright and Mary
ash. The contents of the

395
00:33:36,42 --> 00:33:43,35
finally I are broken in the four
chapters. Chapter One includes an

396
00:33:43,39 --> 00:33:50,28
introduction that describes the content
of the program finally I are in

397
00:33:50,29 --> 00:33:54,01
awe so adopt adopt the draft program E.I.

398
00:33:54,02 --> 00:33:59,01
Are by reference. Comments
received on the D.P.I.

399
00:33:59,02 --> 00:34:02,03
Are in responses D.P.I.

400
00:34:02,04 --> 00:34:07,66
Are corrections and additions in response
to some of the comments received and

401
00:34:07,67 --> 00:34:13,24
a medication monitoring program that has
been incorporated into the final P.E.I.

402
00:34:13,25 --> 00:34:19,50
Are by reference. Finally
where the respect to the

403
00:34:19,51 --> 00:34:22,14
findings of the final P.E.I.

404
00:34:22,15 --> 00:34:28,42
Are. Substantial comments were
received from regulatory agencies

405
00:34:28,77 --> 00:34:34,62
focusing on watercourse buffers
flooding culture resources and traffic

406
00:34:35,60 --> 00:34:41,45
these are not all the comments but where
the focus of the comments in addition

407
00:34:41,46 --> 00:34:46,39
substantial of comments from organizations
and individuals focused on water core

408
00:34:46,40 --> 00:34:51,65
sponsors non-conforming land uses and
the potential for water tanks and run

409
00:34:51,66 --> 00:34:57,45
a real part. In addition several commenters
expressed concern with the perceived

410
00:34:57,49 --> 00:35:02,87
restrictive knows of their proposed general
plan policies and programs however I

411
00:35:02,88 --> 00:35:08,06
need to point out that these are not
substantive comments on the D P E high are

412
00:35:08,07 --> 00:35:12,96
under sequence and are more appropriately
addressed as part of the city council's

413
00:35:12,97 --> 00:35:19,71
deliberations on general plan adoption.
The comments received required one

414
00:35:19,72 --> 00:35:22,83
thousand corrections and
additions to the D.P.I.

415
00:35:22,84 --> 00:35:28,84
Are including the addition of one new
mitigation measure and revision to the

416
00:35:28,85 --> 00:35:33,73
language of several proposed general plan
policies and programs and these are in

417
00:35:33,74 --> 00:35:39,33
your staff report I can also go over them
with if you wish none of these changes

418
00:35:40,03 --> 00:35:45,94
represented new significant impacts or
substantial new information and because of

419
00:35:45,95 --> 00:35:50,49
this and also because of the scope content
and level of analysis contained in the D

420
00:35:50,50 --> 00:35:53,08
P E R the D.P.I.

421
00:35:53,09 --> 00:35:57,88
Are is considered by staff to be adequate
under sequel and no research relation of

422
00:35:57,89 --> 00:35:58,59
the D.P.

423
00:35:58,81 --> 00:36:08,76
Hours required thank you.

424
00:36:12,52 --> 00:36:18,92
Thank you Robert Thanks Terry for the
light. That gives you an overview of the

425
00:36:18,93 --> 00:36:23,33
environmental document that has to comprise
in those three volumes large volumes

426
00:36:23,34 --> 00:36:29,91
that you see on the table plus the other
document that you provided this week. And

427
00:36:29,92 --> 00:36:35,05
it is those collection of I don't then
which lead you to the resolutions that are

428
00:36:35,38 --> 00:36:41,95
begin on page thirteen and I'd like to ask
Larry when or to review the language of

429
00:36:42,01 --> 00:36:48,06
the of the few resolutions that you will
be considering this evening. So as you

430
00:36:48,10 --> 00:36:53,62
have no doubt noticed the sequel findings
resolution is likely the most hefty

431
00:36:53,63 --> 00:36:54,74
resolution you will see as

432
00:36:54,75 --> 00:36:58,56
a city council member it is by
any measure unusually long for

433
00:36:58,57 --> 00:37:02,91
a resolution but I will try and be brief
at least in comparison to the resolution

434
00:37:03,10 --> 00:37:07,80
and explaining the different aspects
of it so the first three pages of the

435
00:37:07,81 --> 00:37:10,54
resolution are probably
very familiar that it looks

436
00:37:10,55 --> 00:37:14,64
a lot like any other resolution it recites
to some extent the history of how we got

437
00:37:14,65 --> 00:37:17,68
to where we are today and
certifies that the E.I.A.

438
00:37:17,69 --> 00:37:24,36
Are itself has been prepared in compliance
with sequence. Subsequent to that you

439
00:37:24,40 --> 00:37:28,37
get to the exhibits of the resolution
where you get some of the meat of the

440
00:37:28,38 --> 00:37:33,63
findings what are the
findings Well there are

441
00:37:33,64 --> 00:37:37,74
a couple of findings that the city council
required to make as part of the general

442
00:37:37,75 --> 00:37:41,63
plan approval process that let me rephrase
there are couple of findings that the

443
00:37:41,64 --> 00:37:45,34
sea Council is required to make that sequel
requires the city council to make as

444
00:37:45,35 --> 00:37:48,63
part of the general plan adoption process
as part of the process for adopting any

445
00:37:48,64 --> 00:37:54,16
project that is subject to sequence the
first of those sets of findings is

446
00:37:54,17 --> 00:37:58,87
a finding with regard to each significant
impact that is identified in the E.R.

447
00:37:59,54 --> 00:38:02,15
As you know part of the job of the E.I.A.

448
00:38:02,16 --> 00:38:06,24
Are the environmental impact report is to
identify what significant environmental

449
00:38:06,25 --> 00:38:10,75
impacts might be created by the adoption
of this project in our case the adoption

450
00:38:10,76 --> 00:38:16,62
of the general plan. With regard to each
of those impacts the city council is asked

451
00:38:16,63 --> 00:38:23,05
to determine whether or not with
regard to each impact the council

452
00:38:23,09 --> 00:38:24,46
will adopt

453
00:38:24,47 --> 00:38:30,62
a mitigation measure or measures to reduce
or substantially lessen the impacts to

454
00:38:30,63 --> 00:38:35,03
a level of in significance or whether
mitigation measures might be within the

455
00:38:35,04 --> 00:38:38,60
purview of another agency so there might
be mitigation measures available but

456
00:38:38,61 --> 00:38:41,31
they're not within the jurisdiction of
the city council and so therefore they

457
00:38:41,32 --> 00:38:46,11
wouldn't be adopted by the city council or
third whether there might be mitigation

458
00:38:46,24 --> 00:38:51,92
but that mitigation really isn't feasible
for legal technical or social reasons so

459
00:38:51,93 --> 00:38:57,75
as Mr Hellman indicated. Our identified
one hundred seven potential impacts

460
00:38:58,15 --> 00:39:04,57
concluded that twenty three of those impacts
were potentially significant and as

461
00:39:04,58 --> 00:39:11,52
you read through the the exhibit
A to the resolution you will see

462
00:39:11,53 --> 00:39:15,34
that with regard to each of those impacts
each of those twenty three impacts the

463
00:39:15,35 --> 00:39:20,99
resolution analyzes whether or not there's
mitigation adopted which would reduce or

464
00:39:21,00 --> 00:39:24,74
substantially lessen the impact whether
or not mitigation might be within the

465
00:39:24,75 --> 00:39:29,63
jurisdiction of another agency and whether
or not mitigation might be unfeasible

466
00:39:29,82 --> 00:39:36,50
and therefore not adopted even if it might
be available that's Exhibit A. Then you

467
00:39:36,51 --> 00:39:37,64
will turn to exhibit B.

468
00:39:38,44 --> 00:39:43,95
And as you also know from having read the
E A R N E I R doesn't simply analyze

469
00:39:44,23 --> 00:39:48,71
impacts but also presents the city council
with information about alternatives to

470
00:39:48,72 --> 00:39:53,75
the proposed project that might reduce
those impacts and with regard to each

471
00:39:53,97 --> 00:39:56,80
alternative that's identified in Mr
Hellman was talking about them just

472
00:39:56,81 --> 00:39:59,38
a minute ago the city council must take

473
00:39:59,39 --> 00:40:01,95
a look at that impact and
decide excuse me take

474
00:40:01,96 --> 00:40:05,68
a look at that alternative and decide
whether or not it wishes to adopt that

475
00:40:05,69 --> 00:40:10,84
alternative and in this case the. E.I.

476
00:40:10,85 --> 00:40:17,11
Are analyzed three alternatives one adopting
no project at all or continuing for

477
00:40:17,12 --> 00:40:19,77
with the one thousand nine
hundred three general plan to

478
00:40:19,81 --> 00:40:22,63
a reduced density alternative and three

479
00:40:22,67 --> 00:40:28,99
a resource management alternative.
I say this was Exhibit B.

480
00:40:29,00 --> 00:40:33,59
This is actually toward the end of Exhibit
A where that the proposed resolution

481
00:40:33,81 --> 00:40:39,49
actually rejects each of those alternatives
for three basic reasons one each of

482
00:40:39,50 --> 00:40:44,75
those would be less effective in stimulating
growth and development to each of

483
00:40:44,76 --> 00:40:49,00
those would not adequately accommodate
diverse residential development to

484
00:40:49,01 --> 00:40:54,63
accommodate future growth in the community
and thirdly at least with regard to the

485
00:40:55,15 --> 00:40:58,82
resource management and reduce tenser
The alternative would require some down

486
00:40:58,83 --> 00:41:04,40
zoning which the resolution finds would be
an unacceptable infringement on property

487
00:41:04,41 --> 00:41:10,15
rights in the community. So because the

488
00:41:11,12 --> 00:41:17,09
resolution does not determine that the
city council should adopt an alternative

489
00:41:17,13 --> 00:41:21,18
that would have no environmental impact at
least has no environmental impact under

490
00:41:21,19 --> 00:41:26,06
sequel. This is the city council is
required to adopt what is referred to as

491
00:41:26,07 --> 00:41:30,99
a statement of overriding considerations
and what that is is it's a fancy name for

492
00:41:31,21 --> 00:41:37,61
a policy statement that the city council
is making which is that we understand that

493
00:41:37,62 --> 00:41:41,31
this project this proposed general plan
may have some significant impact on the

494
00:41:41,32 --> 00:41:46,33
environment but we believe that despite
that impact this plan has sufficient value

495
00:41:46,34 --> 00:41:50,45
that it should move forward and
one of the and so Exhibit B.

496
00:41:50,49 --> 00:41:52,00
If you take a look at Exhibit B.

497
00:41:52,26 --> 00:41:56,86
Actually discusses what some of those
benefits are that the city council would be

498
00:41:56,87 --> 00:42:02,87
finding justify moving forward with his
plan despite the impact. And just to pick

499
00:42:02,88 --> 00:42:02,99
out

500
00:42:03,00 --> 00:42:07,66
a couple I won't I won't read all of them of
course but. Some of the reasons for moving

501
00:42:07,67 --> 00:42:10,07
forward the plan despite the
impact it would encourage

502
00:42:10,08 --> 00:42:13,52
a range of housing types it would
encourage development of a new type of

503
00:42:13,53 --> 00:42:17,83
a new tourist based economic engine on
Riverwalk drive it would provide employment

504
00:42:17,84 --> 00:42:21,21
opportunities during construction and
additional job opportunities in the areas

505
00:42:21,22 --> 00:42:24,75
designated for commercial use it would
facilitate the redevelopment of

506
00:42:24,76 --> 00:42:29,02
underutilized property and it would encourage
appropriate development by providing

507
00:42:29,03 --> 00:42:34,00
public services and infrastructure required
to serve this development while also in

508
00:42:34,01 --> 00:42:37,93
some cases protecting the natural environment
and human health and safety so those

509
00:42:37,94 --> 00:42:40,12
are some of the reasons that
are outlined in Exhibit B.

510
00:42:40,13 --> 00:42:44,67
For moving forward with the project despite
its environmental impacts and then

511
00:42:44,68 --> 00:42:48,40
finally in the resolution is Exhibit C.

512
00:42:48,61 --> 00:42:52,38
Which is what's known as the mitigation
monitoring program and this is

513
00:42:52,39 --> 00:42:54,06
a requirement of sequence it is

514
00:42:54,07 --> 00:42:58,60
a program to ensure that the mitigation
measures that are adopted as part of this

515
00:42:59,02 --> 00:43:02,38
resolution are not forgotten
in the future so this outlines

516
00:43:02,43 --> 00:43:07,35
a program of how staff will continue to
monitor whether or not the mitigation

517
00:43:07,36 --> 00:43:10,71
measures are being implemented
and that set forth an exhibit C.

518
00:43:11,14 --> 00:43:15,40
And that perhaps not as briefly as I
would have liked but that concludes the

519
00:43:15,41 --> 00:43:18,50
discussion of the sequel
findings resolution you have

520
00:43:18,51 --> 00:43:22,15
a second resolution which is the resolution
actually adopting the general plan

521
00:43:22,16 --> 00:43:27,18
should you choose to do so that fortunately
so much briefer resolution and that

522
00:43:27,19 --> 00:43:32,61
resolution. Reckon or that resolution if
you choose to adopt it would adopt the

523
00:43:32,62 --> 00:43:39,13
general plan with the revisions
identified by Mr Avis that

524
00:43:39,62 --> 00:43:44,17
arose out of the public process in the
planning commission process and were

525
00:43:44,18 --> 00:43:50,20
reviewed earlier this evening and if there
any questions I'd be happy to answer to

526
00:43:50,21 --> 00:43:56,82
any questions or start. Question
every couple can see our

527
00:43:57,13 --> 00:44:02,07
Mr Hellman and your end to introductory
remarks talking about the benefits of the

528
00:44:02,08 --> 00:44:08,82
program manic he I R and the
tearing aspects of that

529
00:44:09,63 --> 00:44:13,71
type of environmental document
you gave an example of

530
00:44:13,72 --> 00:44:20,64
a subdivision coming to Fortuna. That we

531
00:44:20,65 --> 00:44:26,02
would still do the initial study but may
or may not do any further environmental

532
00:44:26,03 --> 00:44:32,23
documentation now where it is that when
Where is that triggered that there would be

533
00:44:32,24 --> 00:44:37,29
no further environmental document other
than an initial study Well the initial

534
00:44:37,30 --> 00:44:44,25
study is the trigger document the initial
study you make determinations for

535
00:44:44,26 --> 00:44:50,98
those same hundred seven impacts
that are covered in our man it's the

536
00:44:50,99 --> 00:44:52,52
initial study it's basically

537
00:44:52,53 --> 00:44:58,55
a checklist where you check one of four
columns and no one impact less than

538
00:44:58,56 --> 00:45:03,37
significant impact a less than
significant impact with a mitigation and

539
00:45:03,38 --> 00:45:06,68
a potentially significant impact where
you don't know whether there's many you

540
00:45:06,69 --> 00:45:12,42
don't know really what the impact is and
what available medications may be applied

541
00:45:12,46 --> 00:45:19,11
and it's that last column that if you
check any of the hundred and seven

542
00:45:19,15 --> 00:45:25,11
questions in the sequence checklist
that pushes you to an hour now.

543
00:45:27,46 --> 00:45:33,95
If Because the general plan policy
document has been prepared to

544
00:45:34,65 --> 00:45:39,91
be a self mitigating document as
much as possible on other words

545
00:45:40,23 --> 00:45:45,68
a lot of mitigation measures that you
would normally see applicable to

546
00:45:45,69 --> 00:45:48,33
a development project and the I.R.

547
00:45:48,48 --> 00:45:53,43
Instead appear as policies and programs
in the policy document because it is

548
00:45:53,44 --> 00:45:57,61
a self mitigating document future development
would need to be consistent with

549
00:45:57,62 --> 00:46:02,25
those policies and programs which basically
can also be thought of as mitigation

550
00:46:02,26 --> 00:46:08,44
measures so you would be
much much more likely

551
00:46:08,93 --> 00:46:12,34
to. Trigger an E.R.

552
00:46:12,35 --> 00:46:17,02
In the initial study if those policies
programs slash mitigation measures weren't

553
00:46:17,03 --> 00:46:23,42
in place so if I may add if I may add to
that then I think hopefully help address

554
00:46:23,44 --> 00:46:27,86
your question once this document has been
adopted if the document is adopted this

555
00:46:27,87 --> 00:46:30,98
evening an initial study can
be performed looking at

556
00:46:30,99 --> 00:46:33,27
a future project and if there's

557
00:46:33,28 --> 00:46:37,60
a determination that that project is
consistent with the general plan and doesn't

558
00:46:37,61 --> 00:46:41,94
raise any new impacts that weren't contemplated
by the general plan and by the CIA

559
00:46:41,95 --> 00:46:47,81
are it is possible that then you can avoid
further environmental review in for the

560
00:46:47,82 --> 00:46:50,49
later development project and that's
what we were talking about in terms of

561
00:46:50,50 --> 00:46:56,69
streamlining that the work that's done here
we can use to allow future development

562
00:46:56,70 --> 00:47:00,27
to move forward hopefully with lesser
environmental review now if it's not

563
00:47:00,28 --> 00:47:00,78
consistent with

564
00:47:00,79 --> 00:47:04,66
a general plan or if it raises issues that
weren't contemplated by the general plan

565
00:47:04,92 --> 00:47:08,59
then there may be some additional environmental
review required but even then at

566
00:47:08,60 --> 00:47:12,45
least those issues that were covered by the
general plan don't have to be addressed

567
00:47:12,46 --> 00:47:19,28
again thank you. All right on this
seventeen unavoidable impacts I know

568
00:47:19,50 --> 00:47:26,23
that the statement of overriding consideration
is an appendix to the resolution. We

569
00:47:26,24 --> 00:47:26,96
don't have to make

570
00:47:26,97 --> 00:47:31,10
a separate resolution for statement about
overriding consideration you don't need

571
00:47:31,11 --> 00:47:35,16
a separate resolution technically what
we were able to do the way we set up the

572
00:47:35,17 --> 00:47:36,50
resolution is that there is

573
00:47:36,51 --> 00:47:40,26
a section of the resolution which actually
incorporates that exhibit by reference

574
00:47:40,31 --> 00:47:45,30
so technically we have moved it
into the resolution by referencing

575
00:47:48,40 --> 00:47:55,39
Thank you can't. QUESTION OK. The

576
00:47:55,40 --> 00:48:00,49
staff have anything more to add before we
open it up but no we are complete with

577
00:48:00,50 --> 00:48:04,46
our present or presentation of course as
an opportunity to open your public hearing

578
00:48:05,03 --> 00:48:11,53
we. Are going. Let's go ahead
and do just that then we were

579
00:48:12,01 --> 00:48:16,52
all open this public hearing now for
members of the public to come forward and

580
00:48:16,57 --> 00:48:21,45
provide testimony and orally You can also
if you have anything written certainly

581
00:48:21,46 --> 00:48:27,59
submit that at this time please repeat
your oral comments and we'd like you to

582
00:48:27,60 --> 00:48:31,91
limit those to three minutes
perspicuous Thank you.

583
00:48:36,24 --> 00:48:38,33
Excuse me I am ardent Henry

584
00:48:38,34 --> 00:48:42,87
a member of the planning commission due to
marginalization of that commission I am

585
00:48:42,88 --> 00:48:43,85
speaking to you as

586
00:48:43,86 --> 00:48:49,64
a resident of Fortuna. I will address two
things mitigation measures in the P.E.I.

587
00:48:49,65 --> 00:48:54,50
Are in the process for approving the
general plan first I will discuss the

588
00:48:54,51 --> 00:48:58,98
mitigation measures related to wild land
fires described on pages forty one through

589
00:48:59,77 --> 00:49:03,27
forty four of the executive
summary for the draft P.E.I.

590
00:49:03,52 --> 00:49:08,87
Which are on pages thirty six pts to seven
and seventy five seventy six of TONIGHT

591
00:49:08,88 --> 00:49:14,04
staff report to find justification
for these mitigations I conducted

592
00:49:14,05 --> 00:49:17,68
a page by page comparison of
your old and new draft P.E.I.

593
00:49:17,69 --> 00:49:24,08
Ours sections on risk assessment for we
wildland fires I determine there is no

594
00:49:24,09 --> 00:49:29,71
difference in those sections I also found
the previous version states no mitigation

595
00:49:29,72 --> 00:49:34,11
required there is nothing in the
new draft version of the P.E.I.

596
00:49:34,12 --> 00:49:39,20
Are that justifies the four pages of
mitigation measures many of the proposed

597
00:49:39,21 --> 00:49:43,23
mitigations are the same as what exists
in Southern California where I lived for

598
00:49:43,24 --> 00:49:48,98
sixteen years wildfires which have occurred
there resulted in evacuation notices

599
00:49:48,99 --> 00:49:53,21
are being posted on my door three times
the destruction of hundreds of homes and

600
00:49:53,22 --> 00:49:55,62
the loss of life this is certainly

601
00:49:55,63 --> 00:49:58,56
a different situation from
four to know where the P.E.I.

602
00:49:58,57 --> 00:50:01,53
Are states and I quote There has not been

603
00:50:01,57 --> 00:50:07,34
a major wild land fire in the last one
hundred years I have had experience with

604
00:50:07,35 --> 00:50:12,41
wild fire on my property in Fortuna where
my house could not be built if the

605
00:50:12,42 --> 00:50:17,79
proposed regulations are approved when
that fire occurred there were air drops on

606
00:50:17,80 --> 00:50:24,03
the burning grass no structures or other
things were affected my experience in four

607
00:50:24,04 --> 00:50:25,82
to one is one hundred year history without

608
00:50:25,83 --> 00:50:30,84
a major Don't while I'm fire indicates we
do not need these mitigation measures.

609
00:50:31,61 --> 00:50:33,75
They should be deleted from the P.E.I.

610
00:50:33,76 --> 00:50:38,27
Are in order to meet the criteria for
general plan documents stated by Councilman

611
00:50:38,28 --> 00:50:40,24
Bertie we are writing

612
00:50:40,31 --> 00:50:45,99
a general plan for Fortune. If the proposed
mitigation measures are now acted there

613
00:50:45,100 --> 00:50:50,12
will be severe limitations on development
in the foothills the city will

614
00:50:50,13 --> 00:50:55,29
effectively be taking private property
without compensation council members who

615
00:50:55,30 --> 00:51:00,73
have expressed their support for free
enterprise and concern about excessive

616
00:51:00,74 --> 00:51:04,61
regulation should support removing
these mitigation from the P.E.I.

617
00:51:04,62 --> 00:51:10,31
Are I recommend the council replace
the mitigation measures with

618
00:51:10,32 --> 00:51:13,46
a statement of overriding
considerations this is

619
00:51:13,47 --> 00:51:18,09
a statement today significant adverse to
project impacts are acceptable if accept

620
00:51:18,49 --> 00:51:24,37
expected benefits outweigh unavoidable
adverse impacts. Certainly the benefit of

621
00:51:24,97 --> 00:51:29,85
Fortuna residents not having restrictions
on their property that can cost hundreds

622
00:51:29,86 --> 00:51:32,86
of thousands of dollars
outweigh the risk of

623
00:51:32,87 --> 00:51:38,23
a fire that has not occurred in one
hundred years in its rush to approve the

624
00:51:38,24 --> 00:51:41,13
general plan before the
election the city has created

625
00:51:41,14 --> 00:51:47,42
a flawed process I will now discuss several
process problems and how to fix them.

626
00:51:47,42 --> 00:51:53,02
First I want to make you aware that just
because something is legal does not mean

627
00:51:53,03 --> 00:51:58,12
it is the right thing to do it may be legal
to tell the Planning Commission to read

628
00:51:58,13 --> 00:52:02,18
the six hundred sixty one pages of the
P A R and then tell them the Planning

629
00:52:02,19 --> 00:52:06,67
Commission is not required nor requested
to make findings regarding the Bihar

630
00:52:07,57 --> 00:52:12,27
However this creates an obvious conflict
for commission members as commissioner

631
00:52:12,28 --> 00:52:16,49
Wells has pointed out if no effort is made
to convince commission members of the

632
00:52:16,50 --> 00:52:18,75
need for the requirements in the P.E.I.

633
00:52:18,76 --> 00:52:24,49
How it will be difficult for them to do
their job. Another point I want to make is

634
00:52:24,50 --> 00:52:29,29
how undemocratic the process has become
in the past month. The fact that some

635
00:52:29,30 --> 00:52:32,66
members of the Planning Commission have not
been able to state their concerns with

636
00:52:32,67 --> 00:52:37,36
respect to Chapters five and eight of the
policy document violates the principle

637
00:52:37,40 --> 00:52:38,39
that everyone has

638
00:52:38,40 --> 00:52:44,50
a right to be heard if council members
are as patriotic as they have stated and

639
00:52:44,51 --> 00:52:48,11
believe in our country's values they
should make it possible for these

640
00:52:48,12 --> 00:52:51,24
commissioners to state their
opinion I will present

641
00:52:51,25 --> 00:52:56,13
a way to do this. The final process issue
that I want to discuss is what should be

642
00:52:56,14 --> 00:53:01,05
considered justification for policy attainments
in the general plan documents this

643
00:53:01,06 --> 00:53:06,80
issue can best be stood understood by
specific example when all seven planning

644
00:53:06,81 --> 00:53:11,16
commissioners stated they do not agree with
H S five point three which states and I

645
00:53:11,17 --> 00:53:14,83
quote The city shall prohibit development
on all slopes greater than twenty five

646
00:53:14,84 --> 00:53:18,96
percent they were told the lawyers have
read and approved the document the

647
00:53:18,97 --> 00:53:23,40
statement will not be changed there was
no discussion of what the lawyer whose

648
00:53:23,41 --> 00:53:26,93
approval met. Staff has stated there is

649
00:53:26,94 --> 00:53:30,76
a risk to the city of lawsuits which
challenge policies in the general plan

650
00:53:31,17 --> 00:53:35,33
Consequently it is reasonable to conclude
that what the lawyers approval means is

651
00:53:35,34 --> 00:53:39,44
that the CD city is legally empowered to
have the policies are there in the general

652
00:53:39,45 --> 00:53:45,87
plan that is not the same thing as saying
the policies are what they should be

653
00:53:45,87 --> 00:53:52,42
. Let me be specific no law here
is qualified to say whether it is

654
00:53:52,43 --> 00:53:57,09
possible to build on the slope greater
than twenty five percent that question

655
00:53:57,22 --> 00:54:01,24
should be answered by a
licensed engineer what

656
00:54:01,25 --> 00:54:06,51
a lawyer is qualified to say is state
law allows the city to put in place

657
00:54:06,52 --> 00:54:10,13
restrictions on building on
slopes the statement sent

658
00:54:10,14 --> 00:54:13,94
a taxman eight to July twenty eighth two
thousand and nine staff report to the

659
00:54:13,95 --> 00:54:18,64
Planning Commission which purports to be
the legal justification for H S five point

660
00:54:18,65 --> 00:54:24,24
three certainly supports that point
of view. The statements do not say

661
00:54:24,25 --> 00:54:29,28
a building should be prohibited on slopes
greater than twenty five percent. If the

662
00:54:29,29 --> 00:54:33,92
city council and the Planning Commission
are to do their jobs the staff has to

663
00:54:33,93 --> 00:54:37,92
provide sound justification for statements
and the general plan documents or other

664
00:54:37,93 --> 00:54:40,27
documents we are reviewed
we will be reviewing

665
00:54:41,03 --> 00:54:43,25
a statement that lawyers
have read and approved

666
00:54:43,26 --> 00:54:48,79
a document is not sufficient justification.
Finally I want to provide my

667
00:54:48,80 --> 00:54:53,60
recommendations for correcting the flawed
process the city council should direct

668
00:54:53,61 --> 00:54:55,89
the staff to prepare for
and hold meetings with

669
00:54:55,90 --> 00:54:59,47
a planning commission that will define
how changes can be made to any approved

670
00:54:59,48 --> 00:55:03,70
documents the city council should
direct the staff to hold meetings with

671
00:55:03,71 --> 00:55:07,18
a planning commission that would US gosh
Sections five and eight of the policy

672
00:55:07,19 --> 00:55:12,23
document the city council should direct
the staff to provide technical answers to

673
00:55:12,24 --> 00:55:17,34
technical questions about policy statements
in the general plan documents the city

674
00:55:17,35 --> 00:55:20,39
council said Jurek staff
that these things be done in

675
00:55:20,40 --> 00:55:24,42
a timely manner prior to working on this
zoning code or other things related to the

676
00:55:24,43 --> 00:55:30,04
general plan all of these recommendations
result from the Planning Commission being

677
00:55:30,05 --> 00:55:34,89
told that staff takes its direction from
the City Council thank you for listening

678
00:55:34,90 --> 00:55:38,23
to me thank you.

679
00:55:45,83 --> 00:55:49,32
Mr Speaker I am a real property
agent with the land used as

680
00:55:49,33 --> 00:55:54,25
a county of Department of Public Works
thank you for including the county of Home

681
00:55:54,41 --> 00:55:58,66
Department of Public Works in the planning
process for your general plan so the

682
00:55:58,67 --> 00:55:59,35
staff has done

683
00:55:59,36 --> 00:56:03,17
a great job of putting together the general
plan and has considered many of the

684
00:56:03,18 --> 00:56:07,27
department suggestions however it appears
that the department has not clearly

685
00:56:07,28 --> 00:56:12,73
communicated our concerns the city staff
on two policies in the plan we believe

686
00:56:12,74 --> 00:56:17,50
with the with minor adjustments as shown
on the paper right handed out here earlier

687
00:56:17,51 --> 00:56:24,45
to see. The plan will be equitable for
both city and the County thank you thank

688
00:56:24,46 --> 00:56:28,35
you the staff staff has received
the documents OK Thank you.

689
00:56:38,41 --> 00:56:44,77
Paul Glenny tonight Rebecca Ling on Romeo
council members staff special guests

690
00:56:45,54 --> 00:56:48,86
I'm here because I watched the meeting
between the Planning Commission and staff on

691
00:56:48,87 --> 00:56:54,61
Oct fourteenth when I saw and what is
an obvious and complete disconnect in

692
00:56:54,62 --> 00:56:59,87
communication in regards to the general
plan that being said Mr Mayor you should be

693
00:56:59,88 --> 00:57:04,71
commended for your leadership in this
matter in my opinion your actions taken on

694
00:57:04,72 --> 00:57:09,28
the general plan were warranted but the
work on the general plan is obviously not

695
00:57:09,29 --> 00:57:14,35
done so I asked that the council correct
any and all discrepancies and complete the

696
00:57:14,36 --> 00:57:21,01
general plan and its entirety so that I
can move on to the next phase I also

697
00:57:21,02 --> 00:57:26,27
ask that any and all breakdowns in communication
be corrected so that everyone can

698
00:57:26,28 --> 00:57:32,38
do the work for the people fairly and
successfully thank you thank you Paul

699
00:57:32,38 --> 00:57:35,07
.

700
00:57:44,05 --> 00:57:48,95
As you document right. Mike should make
it to the mikes on so if you would please

701
00:57:49,67 --> 00:57:54,23
yeah. There you go I was just talking
about you and I are are both both both

702
00:57:54,24 --> 00:57:59,78
resolutions are right thank
you so long. So we still have

703
00:57:59,79 --> 00:58:05,76
a lot of issues that the Planning Commission
brought up that haven't been changed.

704
00:58:07,04 --> 00:58:12,55
So we'll just go by my pages I guess on
page one six we still talk about the mill

705
00:58:12,56 --> 00:58:16,38
district and what we want there and we
don't include in the industrial I'm still

706
00:58:16,39 --> 00:58:19,96
concerned that we need industrial somewhere
besides areas that are going to be

707
00:58:19,97 --> 00:58:26,38
annexed I'm still concerned on page one
seventeen with the square footage that's

708
00:58:27,04 --> 00:58:31,58
allowed in each type of development
commercial mill district which in

709
00:58:31,59 --> 00:58:38,14
a bowl of words after I. Did some research
on what type of businesses take up how

710
00:58:38,15 --> 00:58:43,11
much square footage and we can only get one
or two businesses in the square footage

711
00:58:43,12 --> 00:58:50,06
is in these sections that concerns me.
I said I You submitted comments to

712
00:58:50,07 --> 00:58:54,23
Stephen and I didn't get an answer and I
don't know if you guys got comp. Copies of

713
00:58:54,24 --> 00:58:56,09
that or not so I'm still asking

714
00:58:56,10 --> 00:59:00,23
a lot of the same things that I asked him
I'm still trying to figure out where

715
00:59:00,27 --> 00:59:03,85
industrial south of Main Street in
the city is That's PAGE ONE eighteen

716
00:59:11,17 --> 00:59:15,60
I was it was interesting to read all the
new stuff that has been inserted I'm

717
00:59:15,61 --> 00:59:17,45
starting on page one twenty six about run

718
00:59:17,46 --> 00:59:22,20
a bill on the historical value of Bob Loblaw
anybody driven by own ability cites me

719
00:59:22,21 --> 00:59:25,60
as falling down I'm not sure what we're
talking about or what we're supposed to do

720
00:59:25,61 --> 00:59:32,20
there. Page one twenty seven
we talked about changing the

721
00:59:32,88 --> 00:59:36,29
forty percent open space in the middle
district or you know what I think that's

722
00:59:36,30 --> 00:59:41,28
been changed. It's the I think
you got that one don't you sorry

723
00:59:43,80 --> 00:59:43,98
there's

724
00:59:43,98 --> 00:59:47,23
a table on page four three that we discussed
three years ago that was supposed to

725
00:59:47,23 --> 00:59:51,12
be deleted because it doesn't meet city
standards it's still there I brought it up

726
00:59:51,12 --> 00:59:56,73
before we just keep glossing over it and
keeping it in there for maze codes are

727
00:59:56,74 --> 00:59:59,99
mentioned about five or six times and here
if you want the page numbers I'll tell

728
00:59:59,100 --> 01:00:05,10
you we didn't. I don't know that we ever
adopted from base go there never heard you

729
01:00:05,11 --> 01:00:12,03
guys do that but us throughout
the document. Page four eleven

730
01:00:12,04 --> 01:00:16,19
there are some new blueprint talking about
parking wants and having buffers if you

731
01:00:16,20 --> 01:00:20,95
have ten parking spaces that seems excessive
and costly and another way to stop

732
01:00:20,96 --> 01:00:27,04
businesses from coming
to town and then there's

733
01:00:27,05 --> 01:00:32,34
a lot in five six where we talk about
the fifty feet setbacks borscht creeks

734
01:00:32,35 --> 01:00:36,51
wetlands all that and I'll just say that
one time when I refer to every single page

735
01:00:39,86 --> 01:00:43,69
we still have the question of what happens
to the existing homes if they burn down

736
01:00:43,85 --> 01:00:46,91
with these new setbacks we've asked
them now so no one wants to answer that

737
01:00:46,92 --> 01:00:52,63
question I wouldn't say no
one wants to no one has.

738
01:00:55,64 --> 01:00:58,77
There was much discussion at the Planning
Commission page five twenty eight on the

739
01:00:58,78 --> 01:01:01,84
archeology requirements if you're doing

740
01:01:01,85 --> 01:01:06,43
a project of over five acres we wondered
where the five acre number came from and

741
01:01:06,47 --> 01:01:07,68
if that could be changed.

742
01:01:13,92 --> 01:01:18,97
Page seven seventeen there are some new
blue that requires all proposed development

743
01:01:18,98 --> 01:01:23,58
projects provide dedicated to all the waste
recycling green waste bins does that

744
01:01:23,59 --> 01:01:28,30
just during the project construction or
is that the whole the homeowners in the

745
01:01:28,31 --> 01:01:31,71
divel in the new development are you requiring
them all to have batteries that just

746
01:01:31,72 --> 01:01:38,65
during construction. Seven nineteen the
city so require new construction Biarne and

747
01:01:38,66 --> 01:01:42,19
design to take advantage of solar heating
does that mean the city is going to start

748
01:01:42,20 --> 01:01:47,48
designing people's houses now or how is
that going to work much discussion in the

749
01:01:47,49 --> 01:01:54,25
Planning Commission page eighty seven about
open burning and my one that I'm very

750
01:01:54,26 --> 01:01:58,37
concerned about is increased energy
efficiency in proposed buildings by twenty

751
01:01:58,38 --> 01:02:02,63
percent beyond Title twenty four requirements
Title twenty four is very stringent

752
01:02:02,98 --> 01:02:09,24
and. My concern not only is that we have
creasing at twenty percent beyond I don't

753
01:02:09,25 --> 01:02:12,64
know why we would do that but at what
point does someone who's going to get

754
01:02:12,65 --> 01:02:18,10
a building permit know that they take all
other stuff to City Hall based on Title

755
01:02:18,11 --> 01:02:21,90
twenty four on the current building codes
they turn their plans in and what point

756
01:02:21,91 --> 01:02:26,15
are they told this doesn't meet those
criteria and they have to go back to the

757
01:02:26,16 --> 01:02:31,83
drawing board we're still
concerned about the

758
01:02:31,83 --> 01:02:38,27
. Commercial office and mixed use projects
initiating voluntary share writing and

759
01:02:38,84 --> 01:02:42,86
providing employees with transit incentives
to minimize driving to work that should

760
01:02:42,87 --> 01:02:46,62
be absent each invent each individual
business we should not mandate that

761
01:02:50,16 --> 01:02:55,70
on the noice eleven H S ten shall
not exceed Bob above all there's

762
01:02:55,71 --> 01:02:59,29
a high school fall under batter Are they
over are they too loud we have football

763
01:02:59,30 --> 01:03:06,10
games and all about. We're
still on the steep slopes

764
01:03:06,96 --> 01:03:08,56
as Arden brought up that's still

765
01:03:08,57 --> 01:03:15,33
a concern so it's point and
that's those are the laws and.

766
01:03:18,10 --> 01:03:22,14
And I think all the rest of these pages
Mark are one basic codes so those are my

767
01:03:22,15 --> 01:03:27,85
comments so far and I agree with our
newsletter and I'm glad you let him finish he

768
01:03:27,86 --> 01:03:30,65
had some really good things to say and
I hope you guys consider those in your

769
01:03:30,77 --> 01:03:32,65
deliberations Thanks thank you so

770
01:03:54,82 --> 01:03:57,32
make sure that he has the
opportunity for we close

771
01:03:57,33 --> 01:04:03,98
a close public airing. This
American most close public hearing

772
01:04:03,98 --> 01:04:10,18
. A second there's been a mo a motion

773
01:04:10,19 --> 01:04:17,03
a second to close the public
hearing on favor say aye. The

774
01:04:17,04 --> 01:04:23,68
public hearing is now closed. Before
we send staff and legal counsel off

775
01:04:23,69 --> 01:04:29,79
to prepare. Responses to what's been brought
forth during oral testimony Do we have

776
01:04:29,80 --> 01:04:35,16
any direction or anything specific that
we'd like highlighted. In statute fonts

777
01:04:35,16 --> 01:04:42,06
. To all the suggestions
and stuff that have

778
01:04:42,07 --> 01:04:44,97
been talked about this evening that you
guys are going to go back in and think

779
01:04:44,98 --> 01:04:51,73
about are are any of these
things at the point that

780
01:04:52,69 --> 01:04:58,51
we couldn't correct as we go on the
next few weeks without causing the

781
01:04:58,52 --> 01:05:02,80
environmental report to be thrown out the
window and where you these impacts if

782
01:05:02,81 --> 01:05:03,86
they're talking about like

783
01:05:03,87 --> 01:05:09,24
a little industrial word added to the mill
district and some of these other areas

784
01:05:09,25 --> 01:05:13,12
on the hillside slopes in all of
that because this is the I.R.S.

785
01:05:13,13 --> 01:05:16,87
Written from what I'm understanding is very
vague in the aspect that we're going to

786
01:05:17,78 --> 01:05:23,32
compass the whole city and everybody was
looking at things pretty large numbers in

787
01:05:23,33 --> 01:05:28,11
some of these areas so any of these impacts
if we change any of this stuff that

788
01:05:28,12 --> 01:05:32,93
we're talking about tonight is that
going to affect the main general

789
01:05:33,03 --> 01:05:39,78
a maniac you are. I'll assume that
question has been directed at me

790
01:05:40,07 --> 01:05:43,55
I think listening to the comments and of
course I would want to consult with Mr

791
01:05:43,56 --> 01:05:45,91
Hellman who is the author of the I.R.

792
01:05:46,22 --> 01:05:51,37
But it's I think that some of them could
be addressed without impacting the others

793
01:05:51,58 --> 01:05:56,27
I'm not sure I think we'd have to really
determine what changes would be made in

794
01:05:56,28 --> 01:05:59,29
order to address the concerns you could
make changes that wouldn't have an

795
01:05:59,30 --> 01:06:03,26
environmental impact some changes might
have an environmental impact and we can try

796
01:06:03,27 --> 01:06:04,99
to address those when we
come back whether there's

797
01:06:05,00 --> 01:06:08,34
a which ones would fall and which
category again because that makes

798
01:06:08,35 --> 01:06:11,59
a big difference because right now
we're trying to we're trying to make

799
01:06:11,60 --> 01:06:15,34
a picture of what we're doing is going
to look like and we've got to have.

800
01:06:15,34 --> 01:06:19,79
Environmental report that's about ten times
bigger than the one we wrote years ago

801
01:06:20,74 --> 01:06:22,47
there's a lot more in it but we also have

802
01:06:22,48 --> 01:06:29,47
a land usage plan that doesn't necessarily
follow our zoning and we've been

803
01:06:29,48 --> 01:06:34,93
told that our land usage doesn't have to
match or zoning in the past our land usage

804
01:06:34,94 --> 01:06:38,36
map match or zoning pretty close
to it made it really simple for

805
01:06:38,37 --> 01:06:42,93
a developer to come to town get the land
use each map say OK I fit in this category

806
01:06:42,94 --> 01:06:47,87
then you go look at these only to find out
finer stuff but if we approve everything

807
01:06:47,88 --> 01:06:49,18
we've got tonight we're going to have

808
01:06:49,19 --> 01:06:53,25
a land use each plan and then we're told
we're going to come back and right is only

809
01:06:54,30 --> 01:07:01,11
so how much is our land use each plan
going to dictate what we can assume I.E.

810
01:07:01,12 --> 01:07:02,44
The mill district if we want

811
01:07:02,45 --> 01:07:07,84
a little land use you just mentioned the
word industrial light industrial or

812
01:07:07,85 --> 01:07:12,49
anything so if during the zoning hearings
everybody decided that out of that

813
01:07:12,50 --> 01:07:18,42
seventy five acres we'd like at least the
portion of it to be industrial. And usage

814
01:07:18,43 --> 01:07:21,79
and we approved going to trump it and say
well it's already you already approved

815
01:07:21,100 --> 01:07:27,04
and you said you can't zone that that way
those are the kind of concerns I have if

816
01:07:27,05 --> 01:07:32,30
we haven't got all this stuff nailed down
the way we way we want it we get I was on

817
01:07:32,31 --> 01:07:34,87
the Planning Commission for six years
and it was really nice to have

818
01:07:34,88 --> 01:07:37,95
a land use each plant down and people Nope
it was never planned you can't do it.

819
01:07:39,92 --> 01:07:43,38
You know so it's

820
01:07:43,39 --> 01:07:49,12
a concern you want to pass this
thing I understand the concern of

821
01:07:49,16 --> 01:07:54,22
a general plan is not immutable so I think
there are two potential responses to

822
01:07:54,23 --> 01:07:59,32
your questions and we can come back and
be more specific but in general before we

823
01:07:59,39 --> 01:07:59,65
take

824
01:07:59,66 --> 01:08:06,66
a recess. You can always change your
general plan. You can amend the

825
01:08:06,67 --> 01:08:10,94
general plan any one element of the general
plan up to four times in any year and

826
01:08:10,95 --> 01:08:14,27
that doesn't just mean one of them it did
it means four occasions so you could have

827
01:08:14,28 --> 01:08:18,54
seventeen amendments on one occasion to
the general plan so but on four different

828
01:08:18,55 --> 01:08:21,71
occasions during the year you can amend any
particular element of the general plan

829
01:08:21,72 --> 01:08:25,72
so if you did decide after going through
the zoning hearings that you wanted to

830
01:08:25,73 --> 01:08:29,83
incorporate industrial use into your
land use diagram Yes you could amend the

831
01:08:29,84 --> 01:08:33,65
general plan to accommodate that you may
decide that the type of light industrial

832
01:08:33,66 --> 01:08:37,82
use that you were thinking about in the
zoning code does fall within the land use

833
01:08:37,83 --> 01:08:40,97
designation because it's. Ancillary to

834
01:08:40,98 --> 01:08:44,89
a commercial use so maybe that you can
incorporate some types of industrial use

835
01:08:44,90 --> 01:08:50,45
without amending the land use diagram but
I guess to answer that what I'm hearing

836
01:08:50,46 --> 01:08:56,67
is the bottom line concern it's not
immutable you can make changes you can make

837
01:08:56,68 --> 01:08:57,53
adjustments it is

838
01:08:57,54 --> 01:09:01,60
a living document there I understand that
but who are here tonight five years later

839
01:09:01,61 --> 01:09:02,14
because we had

840
01:09:02,15 --> 01:09:08,82
a developer come in that wanted to
changes. And we could have yes change the

841
01:09:08,83 --> 01:09:14,96
zone. Just to give us five years to get to
this point. You know we could have just

842
01:09:14,98 --> 01:09:19,41
had an update policy change
you know to move section

843
01:09:19,42 --> 01:09:26,07
a town one one project but instead it
forced us to do this full process so that's

844
01:09:26,08 --> 01:09:29,90
why I want to make sure we write this
that we don't and everyone it's done

845
01:09:29,91 --> 01:09:36,08
everybody want to do this and it's
going to force us to do it. I hope you

846
01:09:36,09 --> 01:09:41,66
understand. I do understand the concern
I'm not as familiar with that particular

847
01:09:41,73 --> 01:09:47,58
experience that particular development
experience Thank you Doug good point.

848
01:09:48,58 --> 01:09:53,24
Anybody else before we head
off to direct staff to take

849
01:09:53,25 --> 01:09:59,71
a recess. Time wise. You know you don't
know until you get in there and start

850
01:09:59,72 --> 01:10:04,65
talking about some of these things. Fifteen
minutes why don't we start with fifteen

851
01:10:04,66 --> 01:10:06,36
and if indeed we feel we need

852
01:10:06,37 --> 01:10:10,24
a few more I will come out now ask
and inform you that we will have

853
01:10:10,25 --> 01:10:13,91
a few more we're trying to be as brief as
we can and we appreciate the tolerance

854
01:10:13,92 --> 01:10:16,95
you'll have a staff working
on this this is this is

855
01:10:16,96 --> 01:10:20,96
a very important thing obviously and even
though there's relatively relative to the

856
01:10:20,97 --> 01:10:24,73
number of people in our community there's
relatively few people here tonight I'm

857
01:10:24,74 --> 01:10:29,34
sure there are many listening but you know
we want to make sure that we're clear on

858
01:10:29,35 --> 01:10:34,65
just what it is that we do this evening
and that we're also clear on the types of

859
01:10:34,66 --> 01:10:39,21
flexibilities that are available to us
hopefully without having to go through this

860
01:10:39,22 --> 01:10:43,25
entire process all over again because what
some of the people in the public have

861
01:10:43,26 --> 01:10:47,38
brought forward are very valid points and
you know we'd like to to hear some of

862
01:10:47,39 --> 01:10:50,04
those responses so with that let's take

863
01:10:50,05 --> 01:10:55,45
a fifteen minute recess and we
will come back to if staff needs

864
01:10:55,46 --> 01:10:57,83
a little bit more time I
will let you know thank you.

865
01:17:00,87 --> 01:17:01,32
I texted

866
01:17:01,33 --> 01:17:07,42
a couple things. You know please silence
your cell phones if you would and we will

867
01:17:07,43 --> 01:17:13,03
reconvene the meeting at this moment and
go ahead and lead off the discussion as

868
01:17:13,04 --> 01:17:20,01
far as the staff report I my job is to
turn it over to Larry. But I think that

869
01:17:20,02 --> 01:17:20,88
we will have

870
01:17:20,92 --> 01:17:26,24
a couple of us speaking in response to some
of the comments that were raised I was

871
01:17:26,25 --> 01:17:30,77
designated to start and I would I would
like to start by responding to council

872
01:17:30,78 --> 01:17:33,44
members trail because
we did go back and take

873
01:17:33,45 --> 01:17:37,19
a look at some of the comments and try to
parse through them individually to see if

874
01:17:37,20 --> 01:17:43,70
there were comments that might we might.
Comments that if we made changes to the

875
01:17:43,74 --> 01:17:49,44
document might require delay and further
environmental review we really only heard

876
01:17:49,45 --> 01:17:54,41
one comment that gave us concern
in that regard and that was

877
01:17:54,45 --> 01:17:58,21
a change to the policy requiring
the fifty foot buffer

878
01:17:58,22 --> 01:18:05,21
a fifty foot setback from streams
that policy is integral to the

879
01:18:05,22 --> 01:18:10,65
analysis of biological impacts in the car
and the analysis of water quality impacts

880
01:18:10,90 --> 01:18:16,60
so that if we go if we want to make
significant changes to that policy we would

881
01:18:16,61 --> 01:18:21,38
need to give Mr Hellman an opportunity to
really revisit what those changes what

882
01:18:21,39 --> 01:18:26,07
impacts those changes might have However
with regard to the other comments that

883
01:18:26,08 --> 01:18:32,04
were made during the comment period we think
that there were some comments we don't

884
01:18:32,05 --> 01:18:35,38
think that it would require delay in order
to address those comments and in fact we

885
01:18:35,39 --> 01:18:35,62
have

886
01:18:35,80 --> 01:18:39,53
a couple of suggestions for the Council
of the council wishes to address some of

887
01:18:39,54 --> 01:18:43,75
those comments this evening and I'll actually
start with the first one of those and

888
01:18:43,76 --> 01:18:50,64
that dealt with comments made by plenty
commissioner Henry regarding the twenty

889
01:18:50,65 --> 01:18:56,03
five foot setback I
think. Ms Long also made

890
01:18:56,04 --> 01:19:00,95
a comment regarding that current
currently in the general plan there is

891
01:19:00,96 --> 01:19:04,36
a prohibition on development of split
screen twenty five percent I think that the

892
01:19:04,37 --> 01:19:08,86
comments that were made this evening were
correct that certainly it is possible to

893
01:19:08,90 --> 01:19:13,31
develop on slopes greater than twenty five
percent is possible engineer that type

894
01:19:13,32 --> 01:19:17,84
of development also I think that everyone
would acknowledge that development on

895
01:19:17,85 --> 01:19:22,34
slopes greater than twenty five percent
does create different challenges than

896
01:19:22,72 --> 01:19:25,72
development on flat land on

897
01:19:25,73 --> 01:19:32,34
a otherwise flat parcel or mostly flat
parcel and so staff would suggest that

898
01:19:33,32 --> 01:19:36,49
in order to respond to some of the comments
that have been made and some of the

899
01:19:36,50 --> 01:19:38,15
concerns that even expressed that perhaps

900
01:19:38,16 --> 01:19:41,56
a more appropriate policy of the council
wishes to consider it. And one that

901
01:19:41,57 --> 01:19:45,89
wouldn't require any research relation
of the car would be rather than have

902
01:19:45,90 --> 01:19:47,68
a flat prohibition to have

903
01:19:47,69 --> 01:19:50,91
a policy in the general plan that says
the city shall develop standards for

904
01:19:50,92 --> 01:19:54,87
development on slopes greater than twenty
five percent and then it would be as part

905
01:19:54,88 --> 01:19:58,32
of the implementation of the general plan
over the next period of time to go back

906
01:19:58,33 --> 01:20:01,43
to the Planning Commission in determine
with the Planning Commission and ultimately

907
01:20:01,44 --> 01:20:05,38
with the city council what the appropriate
standards are for development on those

908
01:20:05,42 --> 01:20:10,24
those types of slopes so that would be the
first suggested change to the policies

909
01:20:10,66 --> 01:20:12,82
in response to the comments
tonight and that would be

910
01:20:12,83 --> 01:20:16,70
a change to that particular policy
that would provide that instead of

911
01:20:16,71 --> 01:20:20,22
a prohibition on development above twenty
five percent slopes more than twenty five

912
01:20:20,23 --> 01:20:24,31
percent that the city shall develop
standards for development on slopes greater

913
01:20:24,32 --> 01:20:30,15
than twenty five percent do we need to make
reference to the. Chapter in the in the

914
01:20:30,16 --> 01:20:36,78
policy. If someone I don't have the
document open so that if someone has the

915
01:20:37,20 --> 01:20:42,28
policy number we can do that but I believe
that already in the record so I don't I

916
01:20:42,29 --> 01:20:45,16
feel comfortable without making that
reference but if the council feel more

917
01:20:45,17 --> 01:20:49,46
comfortable we can look at it no longer
comfortable in the reference is very clear

918
01:20:50,12 --> 01:20:56,66
because that is one suggestion that
personally I like OK that's policy H.S.

919
01:20:56,70 --> 01:21:02,99
Dash five point three. There you are so
that would be the change to policy H.S.

920
01:21:03,00 --> 01:21:09,70
Stash five point three and
I believe that there is.

921
01:21:09,70 --> 01:21:11,05
Mr Avis I think has

922
01:21:11,06 --> 01:21:15,84
a suggestion for potential change to
another element in response to some of the

923
01:21:15,85 --> 01:21:20,37
comments that were made this
evening. Thank you there was

924
01:21:20,38 --> 01:21:26,71
a comment regarding the lack of light
light of industrial uses on the district

925
01:21:27,33 --> 01:21:33,33
and. Part of that stemmed from the council's
decision early on in the process to

926
01:21:33,37 --> 01:21:40,13
remove the industrial use from the mill
district. It's possible that the that the

927
01:21:40,14 --> 01:21:45,58
council could could reconsider its decision
on how it wants to proceed. But the

928
01:21:45,87 --> 01:21:50,56
definition of the mill district as it's
outlined in the general plan is designed to

929
01:21:50,57 --> 01:21:50,68
be

930
01:21:50,69 --> 01:21:56,52
a broad sweeping statement that defines sort
of the what the intent of the mill district

931
01:21:56,53 --> 01:22:01,90
is it is not in and had to be an industrial
site and some industrial uses were not

932
01:22:01,91 --> 01:22:08,19
particularly spelled out but it does
deal with horizontal vertical mixed use

933
01:22:08,19 --> 01:22:14,50
. A variety of venues and things that can
be used compatible uses. So for example

934
01:22:14,51 --> 01:22:21,11
we did not consider that when we get to
the zoning code we can we can identify

935
01:22:21,12 --> 01:22:24,71
particular uses that are appropriate
So for example we thought about

936
01:22:24,75 --> 01:22:27,86
a commercial area on there
that were perhaps you had

937
01:22:27,87 --> 01:22:33,05
a candy store and in the back of the candy
store you had making candy and the candy

938
01:22:33,06 --> 01:22:38,52
was being shipped out to all over the world
because it was the greatest candy ever

939
01:22:39,17 --> 01:22:43,60
that's a light industrial use
that it's compatible with a with

940
01:22:43,61 --> 01:22:47,28
a commercial venture
that is going on in a in

941
01:22:47,29 --> 01:22:51,00
a in an area that might be suitable for the
mill district development and we would

942
01:22:51,01 --> 01:22:54,76
not see that as being compatible the fact
that it doesn't list industrial in the

943
01:22:54,77 --> 01:22:59,18
definition does not preclude that kind
of abuse and when the zoning code is

944
01:22:59,19 --> 01:23:02,71
developed we can certainly include
appropriate uses that are conditionally

945
01:23:02,99 --> 01:23:09,85
permitted so that you can determine at
that time whether or not the the proposal

946
01:23:10,07 --> 01:23:16,69
is consistent with the goals and objectives
of the general plan or not and if so

947
01:23:16,96 --> 01:23:22,21
then what would be the specific
details that would allow that.

948
01:23:26,76 --> 01:23:27,01
It's.

949
01:23:34,58 --> 01:23:35,05
And Liz has

950
01:23:35,06 --> 01:23:41,11
a couple of comments next Yeah I am
addressing the. Comment from the Public

951
01:23:41,44 --> 01:23:45,74
Guardian the county Public Works Department
in their letter dated October twenty

952
01:23:45,75 --> 01:23:47,77
second two thousand and ten
which I believe you have

953
01:23:47,78 --> 01:23:53,82
a copy was provided to you in the
diocese and there was a comment. From

954
01:23:53,83 --> 01:24:00,67
a representative. Unger here. Oh yes we

955
01:24:00,67 --> 01:24:07,61
. Understand and appreciate their comments
and we did address some of the comments

956
01:24:07,62 --> 01:24:12,03
in their earlier letter with regard to the
couple that are in this October twenty

957
01:24:12,04 --> 01:24:17,25
second letter we don't feel that they're
warranted mainly because we this is

958
01:24:17,26 --> 01:24:24,16
a process what they're asking for is that
the city consider impacts to county roads

959
01:24:24,17 --> 01:24:29,71
and drainage facilities where the border
you know city city limits when the city

960
01:24:29,72 --> 01:24:35,77
has development projects. And this is
something that's already incorporated into

961
01:24:35,77 --> 01:24:39,03
our process so we don't feel it's
warranted to you know create

962
01:24:39,04 --> 01:24:45,24
a new policy just for this for example we
do when we have development projects we

963
01:24:45,25 --> 01:24:49,98
do send referrals to the county building
permits and especially on larger projects

964
01:24:49,99 --> 01:24:54,100
like subdivisions and we do get their
comments in writing and we work with the

965
01:24:55,01 --> 01:25:00,03
county to address those on development
projects we do have two active ones on

966
01:25:00,07 --> 01:25:04,51
Newberg road right now. Where
we are you know there's

967
01:25:04,52 --> 01:25:08,62
a lot of cooperation with the county and
we're addressing their issues in the

968
01:25:08,87 --> 01:25:13,09
project requirements so we don't feel
that it's warranted to incorporate these

969
01:25:13,10 --> 01:25:17,24
specifically into the general
plan policies. That T.C.

970
01:25:17,26 --> 01:25:22,71
One point one three yes and. Five sixteen.

971
01:25:27,23 --> 01:25:31,70
The first one is on regarding roads and
the second is on drainage facilities so

972
01:25:31,71 --> 01:25:33,12
it's something that I think we've had

973
01:25:33,13 --> 01:25:36,72
a lot of cooperation with the county
and in addressing their concerns on

974
01:25:36,73 --> 01:25:41,77
development projects and it goes both
ways they say they send us referrals to.

975
01:25:44,17 --> 01:25:48,45
Are you accepting the other recommended
changes yeah those have already been

976
01:25:48,46 --> 01:25:51,81
incorporated into the
document we have tonight

977
01:25:57,18 --> 01:25:58,02
and Mr Hellman has

978
01:25:58,03 --> 01:26:04,48
a couple of comments to make. Yes
I've been tasked with two different

979
01:26:04,49 --> 01:26:10,78
comments the first is from
Mr Henry with respect to.

980
01:26:10,78 --> 01:26:17,55
Wildland fire mitigation he had indicated
that there were multiple pages of

981
01:26:17,80 --> 01:26:24,65
fire mitigation and despite the fact that
the two thousand and eight yard did not

982
01:26:24,66 --> 01:26:31,62
have that mitigation and despite the
fact that. It's indicated somewhere I'm

983
01:26:31,63 --> 01:26:35,17
not quite sure aware.
That there has not been

984
01:26:35,18 --> 01:26:42,11
a large fire in the city of for tonight
or whatever I'm sorry I I don't

985
01:26:42,11 --> 01:26:49,10
. I'm not sure whether Mr Henry was
referring to the policy document or

986
01:26:49,11 --> 01:26:50,08
the I.R.

987
01:26:50,76 --> 01:26:55,89
I do know that you like to clarify Mr Henry
which which one OK he's referring to

988
01:26:55,90 --> 01:26:58,22
yes. The E.I.A.

989
01:26:58,23 --> 01:27:05,09
Are chapter or Section eight
point six is wildfire.

990
01:27:05,09 --> 01:27:11,39
And in the section there
is three relevant policies

991
01:27:11,40 --> 01:27:15,97
identified from the policy document as
each yard chapter does it identifies the

992
01:27:15,98 --> 01:27:19,75
relevant policies and then it does include

993
01:27:19,76 --> 01:27:26,04
a one page mitigation measure. Of
the mitigation measure requires

994
01:27:27,02 --> 01:27:31,92
what amounts to less
required city adoption of

995
01:27:31,93 --> 01:27:38,30
a fire safe ordinance or fire safety
regulations more or less modeled

996
01:27:38,30 --> 01:27:45,01
. On the county's fire safety requirements
and the reason that that mitigation

997
01:27:45,02 --> 01:27:51,94
measure is identified is because
its impact eight point six

998
01:27:51,95 --> 01:27:58,79
dash one on page eight point six
dash six of the E I R concludes that

999
01:27:58,79 --> 01:28:02,48
. Plan implementation could result in

1000
01:28:02,49 --> 01:28:09,06
a significant wildland wildlands
fire hazard impact. Why

1001
01:28:09,07 --> 01:28:15,40
does the. This impact make this conclusion

1002
01:28:15,40 --> 01:28:21,79
. If I can refer you to. A figure in the

1003
01:28:21,80 --> 01:28:22,75
e I.R.

1004
01:28:23,46 --> 01:28:30,10
Figure eight Dash nine on page
eight point six dash three isn't

1005
01:28:30,11 --> 01:28:35,84
tired old fire hazard severity within
state responsibility area it's

1006
01:28:35,86 --> 01:28:42,82
a cow fire generated database
that we've exerted to cover

1007
01:28:42,88 --> 01:28:49,11
the proposed planning area including the
city's existing incorporated boundaries

1008
01:28:49,16 --> 01:28:54,60
and the larger plan here area that includes
the city's sphere of influence and the

1009
01:28:54,61 --> 01:29:01,61
annexation areas as you can see in the
figure Cal Fire identifies roughly

1010
01:29:01,61 --> 01:29:06,93
ninety five percent of the area outside
of the incorporated city boundaries and

1011
01:29:06,95 --> 01:29:12,63
other words the urban core of the city
but within the planning area as either

1012
01:29:12,63 --> 01:29:13,62
a moderate or

1013
01:29:13,62 --> 01:29:20,06
a high fire risk moderate
high fire severity so we

1014
01:29:20,07 --> 01:29:24,78
concluded that based on this
determination from Cal Fire there is

1015
01:29:25,11 --> 01:29:31,71
a substantial wild land fire hazard in
the slopes surrounding the city and

1016
01:29:31,75 --> 01:29:38,14
that implementation of the proposed general
plan would allow new commercial and

1017
01:29:38,15 --> 01:29:44,46
other uses residential uses in particular
to be developed on those in those

1018
01:29:44,47 --> 01:29:46,28
areas and hence create

1019
01:29:46,29 --> 01:29:53,16
a while and. Fire hazard impact so that's
why that mitigation measures there

1020
01:29:53,49 --> 01:30:00,47
I can't. Answer as to why the two
thousand and eight yards may not

1021
01:30:00,48 --> 01:30:07,37
have included that mitigation but I
can say that. Planned west as the

1022
01:30:07,38 --> 01:30:13,58
city's sequel consultant as well
as. The city's legal counsel

1023
01:30:13,58 --> 01:30:20,29
. And. Specific commenting agencies on the

1024
01:30:21,23 --> 01:30:23,23
two thousand and eight draft the I.R.

1025
01:30:23,54 --> 01:30:30,27
Did identify. The need for mitigation so
that's why that medications in place can I

1026
01:30:30,28 --> 01:30:30,59
ask you

1027
01:30:30,60 --> 01:30:36,22
a question that I'm sure looks eight point
six wildland fire mitigation eight point

1028
01:30:36,23 --> 01:30:41,84
six dash one increased exposure
to Thailand fires. And

1029
01:30:42,75 --> 01:30:44,99
the litigation measures to add

1030
01:30:45,22 --> 01:30:50,43
a new ordinance requirement in the city
or Tennessee code as follows and it says

1031
01:30:50,44 --> 01:30:57,01
new subdivisions proposed within the state
responsibility areas of the city shall

1032
01:30:57,02 --> 01:31:01,19
comply with emergency access so on and so
forth and it talks about standards and it

1033
01:31:01,20 --> 01:31:01,36
gives

1034
01:31:01,37 --> 01:31:07,11
a whole litany right list of these particular
standards and for those of us who are

1035
01:31:07,12 --> 01:31:10,99
still confused by this alphabet soup of
acronyms and so forth this one the S.

1036
01:31:11,00 --> 01:31:11,24
Are

1037
01:31:11,25 --> 01:31:18,15
a this state responsibility area.
That is not inclusive of all parcels

1038
01:31:18,16 --> 01:31:24,16
and Fortuna is that correct that's exactly
correct if you look at Figure eight Dash

1039
01:31:24,17 --> 01:31:30,03
nine the gray area is the area outside of
us are and where is figure eight dash and

1040
01:31:30,04 --> 01:31:34,14
I'm sorry impeach eight point six dash
three eight point six Texas three.

1041
01:31:37,59 --> 01:31:42,76
On the environment in the environmental out
in that you are all in draft or what's

1042
01:31:42,77 --> 01:31:46,60
in it it's in the draft you are so it's
in one of these stocks and that that's OK

1043
01:31:46,61 --> 01:31:49,95
Stephen I just I just want
to be clear this isn't

1044
01:31:49,96 --> 01:31:54,23
a blanket for all parts are Paul parcels
and Fortuna It's the ones that fall under

1045
01:31:54,24 --> 01:31:59,81
the state responsibility right
area and state responsibility area

1046
01:31:59,82 --> 01:32:04,63
a portion of the planning area is basically
on the I don't want him hundred percent

1047
01:32:04,69 --> 01:32:09,48
do we have any control over what is in the
state responsibility area do do we as

1048
01:32:09,49 --> 01:32:15,70
the city of Fortuna he will or you will
or would once you annex those areas

1049
01:32:15,70 --> 01:32:22,41
. How do I see it do we control what areas
are designated as state responsibility

1050
01:32:22,42 --> 01:32:28,01
areas I think you're the one who controls
that well I think Tell fire controls that

1051
01:32:28,02 --> 01:32:34,32
but based on this map it looks like the
whole incorporated city is outside of S R

1052
01:32:34,33 --> 01:32:38,00
A's so I would imagine
that once. An area is

1053
01:32:38,01 --> 01:32:42,81
a next to the city the Tel
fire would remove that as are

1054
01:32:42,82 --> 01:32:47,31
a designation for that area and it becomes
so once sparse so once that once the S R

1055
01:32:47,32 --> 01:32:53,09
A's removed then these these these these.
Requirements would not apply then that

1056
01:32:53,10 --> 01:32:59,99
right once these the areas and
next to the city. Mitigation

1057
01:33:00,00 --> 01:33:06,80
measure. Eight point six dash one
A would start applying that point

1058
01:33:06,81 --> 01:33:08,24
six city bashed one

1059
01:33:08,35 --> 01:33:15,03
a. OK adding new

1060
01:33:15,04 --> 01:33:19,55
ordinance new subdivision and so I don't
think I'm asking the questions correctly

1061
01:33:19,59 --> 01:33:26,27
and so. I'm not. Not doing well
in that area let's see new

1062
01:33:26,28 --> 01:33:32,21
subdivisions proposed within the state
responsibility areas of the city the current

1063
01:33:32,55 --> 01:33:38,52
Maybe I should say current areas because
once those areas are next it won't be

1064
01:33:38,53 --> 01:33:40,25
a story anymore it becomes

1065
01:33:40,26 --> 01:33:47,52
a city's responsibility OK. Yes

1066
01:33:47,68 --> 01:33:54,46
but to make maybe let me through two
cents in. A state responsibility area is

1067
01:33:54,47 --> 01:33:57,76
generally a wild land area because C.D.F.

1068
01:33:57,77 --> 01:34:03,21
Doesn't respond to structure fires it's
within the city limits on the other that

1069
01:34:03,22 --> 01:34:03,61
there's

1070
01:34:03,73 --> 01:34:09,80
a lesser call but state responsibility
areas are areas outside the current city

1071
01:34:09,81 --> 01:34:16,47
limits there are. Generally
uninhabited grasslands timber

1072
01:34:16,48 --> 01:34:20,25
lands that are with Intel fires

1073
01:34:20,26 --> 01:34:27,17
a responsibility to respond to respond to
wild went to wild land fires OK so once

1074
01:34:27,18 --> 01:34:30,31
we and the next any of those S.

1075
01:34:30,51 --> 01:34:32,89
Those lands outside the city and we have

1076
01:34:32,90 --> 01:34:39,78
a couple then they become
jurisdiction of. Our volunteer

1077
01:34:39,79 --> 01:34:45,56
fire department is correct but you know
not necessarily so right and this is

1078
01:34:45,57 --> 01:34:51,83
certainly so since the city does not provide
fire services it is in the Goetia will

1079
01:34:51,84 --> 01:34:56,89
issue when an exception of who's going
to provide fire protection in the an

1080
01:34:56,90 --> 01:35:03,87
exterior is that are currently
provided by the state. And his shoe

1081
01:35:03,88 --> 01:35:09,91
that we haven't dealt with yet in the
fire the Volunteer Fire District fourteen

1082
01:35:09,92 --> 01:35:14,60
fire are concerned that you know that's
something that's going to have to be dealt

1083
01:35:14,61 --> 01:35:18,77
with so I just want to let you know that's
at least at the staff level has been

1084
01:35:18,78 --> 01:35:25,24
broached certainly hasn't been resolved
so from our perspective this is an

1085
01:35:25,25 --> 01:35:31,16
appropriate mitigation at this time and I
understand it the mitigation is necessary

1086
01:35:31,20 --> 01:35:36,11
I mean I understand and I get that but I'm
just wondering in the future when say

1087
01:35:36,12 --> 01:35:42,37
some of these places that are now under
the state responsibility area if there is

1088
01:35:42,38 --> 01:35:47,80
growth that basically encroaches on these
areas and now they're urban areas and

1089
01:35:47,81 --> 01:35:53,85
they're really no longer considered areas
of risk as far as wild land fires you

1090
01:35:53,86 --> 01:35:58,04
know what point in time you know with some
of these onerous requirements go away

1091
01:35:58,57 --> 01:36:00,40
well I would imagine at such

1092
01:36:00,41 --> 01:36:07,38
a point in time is the city makes an
amendment to the general plan so you know

1093
01:36:08,06 --> 01:36:14,74
I can venture to guess you know when the
point of the unincorporated portion of the

1094
01:36:14,74 --> 01:36:17,63
planning area is going to be
filled up with development this is

1095
01:36:17,65 --> 01:36:22,62
a twenty year plan so let me just ask
something real simple then are there areas in

1096
01:36:22,63 --> 01:36:24,49
the sin side the city limits supporting

1097
01:36:24,51 --> 01:36:29,62
a right now that are in these that are
considered state report responsibility areas

1098
01:36:29,98 --> 01:36:36,44
but I don't believe so I believe
the the figure that I'm looking at

1099
01:36:36,44 --> 01:36:43,33
. Is showing the incorporated boundary
of the city is gray and so that's not in

1100
01:36:43,37 --> 01:36:46,92
that's correct OK So really the mitigation
measure has come forth because we're

1101
01:36:46,93 --> 01:36:51,40
looking at future areas of an annexation
it's right up to and it so it only applies

1102
01:36:51,41 --> 01:36:58,07
to wildland fire areas not urban areas and
it only applies to large subdivisions

1103
01:36:58,31 --> 01:37:04,61
where the thought being that this
mitigation maybe too. But pressing on

1104
01:37:04,62 --> 01:37:10,09
a resident on a one by one
residential development. If

1105
01:37:10,10 --> 01:37:12,57
a person comes in and want and has

1106
01:37:12,58 --> 01:37:16,61
a piece of property and wants to talk but
as yet and I just want to maybe simplify

1107
01:37:16,62 --> 01:37:17,86
and shorten the discussion

1108
01:37:17,87 --> 01:37:22,47
a little bit if there are no parcels within
our existing city boundaries right now

1109
01:37:22,48 --> 01:37:26,27
that really are going to follow under these
owners requirements they're probably

1110
01:37:26,28 --> 01:37:28,21
going to be taken up again
when we look at an X.

1111
01:37:28,22 --> 01:37:32,62
In different areas and then specifically
elements of those sites but right now as

1112
01:37:32,63 --> 01:37:36,85
you see it and as there are environmental
attorney sees it it sounds like this is

1113
01:37:36,86 --> 01:37:41,79
a necessary mitigation because we're looking
at that's right and in the future it

1114
01:37:41,80 --> 01:37:45,63
went and then extension comes up
and some type of environmental doc

1115
01:37:45,64 --> 01:37:49,66
a secret document is prepared for that
annexation hopefully just an initial study

1116
01:37:49,67 --> 01:37:55,92
and who's who knows for sure. Wildland fires
is no longer an issue because the city

1117
01:37:55,93 --> 01:37:56,17
has

1118
01:37:56,18 --> 01:38:01,11
a protective policy that mitigates wildfire
impact OK and that's what it gives one

1119
01:38:01,12 --> 01:38:05,22
of the things that Mr Henry brought up
that did raise concern for me is that you

1120
01:38:05,23 --> 01:38:05,30
know

1121
01:38:05,31 --> 01:38:08,46
a suggestion that if he had to follow these
requirements he wouldn't have been able

1122
01:38:08,47 --> 01:38:13,22
to build this house his home but it sounds
to me like where his home rests wouldn't

1123
01:38:13,23 --> 01:38:18,70
of been included in this particular it's
only applicable to subdivisions this

1124
01:38:19,07 --> 01:38:21,22
mitigation measure is not

1125
01:38:21,23 --> 01:38:25,35
a subdivision you know subdivision or no
I just Mr Henry's Mr Henry's inside the

1126
01:38:25,36 --> 01:38:28,84
city limits and there's no place inside the
city limits that is underneath that is

1127
01:38:29,08 --> 01:38:29,89
that is an S. Are

1128
01:38:29,90 --> 01:38:34,53
a then we were would have been good to go
that's correct OK Thank you Rick. Thank

1129
01:38:34,54 --> 01:38:38,61
you I'm sorry sometimes sometimes and I
know we really want to get in the details

1130
01:38:38,62 --> 01:38:45,25
because you know your stuff but. OK thank
you with respect to the other issue I

1131
01:38:45,26 --> 01:38:51,89
believe in this long. Was concerned
about their proposed noise

1132
01:38:51,90 --> 01:38:57,47
combat abilities standards and how they
may be applied to existing schools as we

1133
01:38:57,48 --> 01:38:58,78
know schools or

1134
01:38:59,28 --> 01:39:04,15
a good size noise source and I need
to make clear that the proposed noise

1135
01:39:04,16 --> 01:39:09,06
compatibility standards only apply to new
uses or not retroactive to existing uses

1136
01:39:09,48 --> 01:39:15,50
so any existing school would not be subject
to the noise compatibility standards.

1137
01:39:17,58 --> 01:39:19,91
And I take this back to Mr Winter for

1138
01:39:19,92 --> 01:39:24,39
a couple more comments so I believe can
we go back to the statement he just made

1139
01:39:24,49 --> 01:39:30,80
absolute rules would not be required
to meet noise compatibility

1140
01:39:30,81 --> 01:39:35,50
standards existing schools if you do you
have a new school it would be set up

1141
01:39:35,51 --> 01:39:41,62
a new school proposed it would be subject
to the noise compatibility standards.

1142
01:39:42,23 --> 01:39:42,50
That's

1143
01:39:42,51 --> 01:39:47,71
a little hard to take because schools are
state business and states generally don't

1144
01:39:48,06 --> 01:39:53,66
do what the city asks and I think you are.
The city has the option to comment on

1145
01:39:53,67 --> 01:39:56,82
any state project as part of the
secret process so that would be

1146
01:39:56,83 --> 01:40:01,64
a comment you would make which is your
concern about the noise impact to the

1147
01:40:01,65 --> 01:40:05,46
existing adjacent noise sensitive
abuse whether it's a residential use

1148
01:40:05,47 --> 01:40:10,30
a hospital or what have you. And I believe
the example was simply coming from the

1149
01:40:10,31 --> 01:40:14,74
example that was made during the comment
period which was what would this apply to

1150
01:40:14,78 --> 01:40:20,05
an existing school but you are right that
with regard to zoning standards. As far

1151
01:40:20,06 --> 01:40:24,90
as classroom facilities go that the
well that the zoning would apply

1152
01:40:25,17 --> 01:40:29,70
a school board could by two thirds vote
override the zoning with regard to

1153
01:40:29,71 --> 01:40:33,29
classroom facilities academic facilities
not with regard to non-classroom

1154
01:40:33,30 --> 01:40:40,00
facilities there may be more detail than
we need this evening. With regard to

1155
01:40:40,36 --> 01:40:42,92
other comments that were
made this evening there were

1156
01:40:42,93 --> 01:40:46,70
a number of comments made that seemed to
address policy issues for the council

1157
01:40:46,71 --> 01:40:52,19
rather than issues that staff could answer
questions. Rather than comments that

1158
01:40:52,20 --> 01:40:55,62
were questions that staff could answer
there was one other question however that

1159
01:40:55,63 --> 01:40:59,48
was raised that I did want to address I
believe it also came from ms long according

1160
01:40:59,49 --> 01:41:03,23
to my notes and that would be what happens
to an existing home that might burn down

1161
01:41:03,24 --> 01:41:08,57
and might not conform to the standards that
are being proposed for the general plan

1162
01:41:09,02 --> 01:41:12,95
and the general plan doesn't address how
the city wishes to treat nonconforming

1163
01:41:12,96 --> 01:41:18,20
uses that are destroyed by the act of God
but that would be something that you

1164
01:41:18,21 --> 01:41:22,27
could take up in your zoning ordinance
and you could choose to say those those

1165
01:41:22,28 --> 01:41:28,16
structures must conform with the zoning or
those structures could be non-conforming

1166
01:41:28,33 --> 01:41:32,67
structures that are destroyed could
be exempt from the zoning if they are

1167
01:41:32,68 --> 01:41:38,28
reconstructed in the exact same manner that
they were built before the destruction

1168
01:41:38,68 --> 01:41:41,82
that's that's not something that's dealt
with at the general plan level it's

1169
01:41:41,83 --> 01:41:45,10
something that can be dealt with probably
currently dealt with in your zoning

1170
01:41:45,11 --> 01:41:49,76
ordinance and can certainly be changed
in any time in your zoning ordinance. As

1171
01:41:49,77 --> 01:41:53,58
a last matter. I think Mr Avis dealt

1172
01:41:53,62 --> 01:41:59,79
a little bit with. The issue of industrial
zoning or excuse me I made that mistake

1173
01:41:59,80 --> 01:42:06,26
to industrial industrial and used as
ignition for the mill district and I believe

1174
01:42:06,27 --> 01:42:10,97
he explained that as staff
interprets it a staff interprets

1175
01:42:10,98 --> 01:42:16,43
a land use diagram that certain types of
light industrial uses would be permitted

1176
01:42:16,44 --> 01:42:21,74
within the mill district and that could
be addressed that at the time that the

1177
01:42:21,75 --> 01:42:25,51
Planning Commission and later the City
Council takes up the zoning ordinance in

1178
01:42:25,52 --> 01:42:30,68
addition staff would place before the
Council for consideration the C Evening

1179
01:42:31,69 --> 01:42:35,22
potential amendment to land use diagram
which could be accomplished this evening

1180
01:42:35,41 --> 01:42:39,88
which would provide that the land use
diagram would be amended for the mill

1181
01:42:39,89 --> 01:42:44,53
district to provide that in addition to the
uses that are currently permitted that

1182
01:42:45,09 --> 01:42:49,32
compatible light industrial uses would
also be permitted you could make that I

1183
01:42:49,33 --> 01:42:51,04
understand that it one time there was

1184
01:42:51,05 --> 01:42:57,24
a discussion about this maybe it was two
years ago then and there was direction not

1185
01:42:57,25 --> 01:43:01,31
to include that but if the council based
on the testimony that it's heard since

1186
01:43:01,32 --> 01:43:06,14
that time wishes to change that direction
we could make an amendment this evening

1187
01:43:06,18 --> 01:43:09,18
so that's another area where we can make
that amendment without changing the

1188
01:43:09,73 --> 01:43:12,05
environmental impact
report let's kind of get

1189
01:43:12,06 --> 01:43:16,97
a little consensus here on that you know
we would have to. You know as far as the

1190
01:43:16,98 --> 01:43:20,51
wording on that and adding the words
compatible light industrial uses for the

1191
01:43:20,52 --> 01:43:27,40
district is that something that's
appealing to. Yes OK. Yes when I.

1192
01:43:28,33 --> 01:43:29,16
When I think of

1193
01:43:29,27 --> 01:43:35,07
a mixed development I see light
industrial as one of the components of

1194
01:43:35,08 --> 01:43:40,87
a mixed use devoured like the word
compatible I do like the the phraseology of

1195
01:43:40,88 --> 01:43:46,04
compatible compatible being in there as
well and that probably helps the future

1196
01:43:46,21 --> 01:43:52,04
planning commission in future councils as
far as as far as developing the specific

1197
01:43:52,05 --> 01:43:57,64
is only YOUR needs to understand what our
intent is one thing our our policies have

1198
01:43:57,71 --> 01:43:59,34
not done is made

1199
01:43:59,35 --> 01:44:05,91
a distinction between heavy
industrial and light industrial and.

1200
01:44:06,35 --> 01:44:07,62
The Pelco say used to be

1201
01:44:07,63 --> 01:44:13,40
a heavy industrial so I'm not advocating
that it return to heavy industrial But I

1202
01:44:13,41 --> 01:44:19,10
think we need to allow light industrial
uses in the mix use development and I agree

1203
01:44:19,11 --> 01:44:22,28
with that I would just I would like to
insert the word compatible though if that's

1204
01:44:22,29 --> 01:44:28,68
OK. OK. So if we do get to
the point where we make

1205
01:44:28,69 --> 01:44:33,22
a motion this evening can staff actually
systems because there's two there's two

1206
01:44:33,23 --> 01:44:39,94
items now the need to be added Yes and I
would leave OK forget. Anything else from

1207
01:44:39,95 --> 01:44:46,86
staff. I think we have covered
it all OK OK then it is on

1208
01:44:46,87 --> 01:44:49,77
our court for the deliberation
I'm I'm just going to make

1209
01:44:49,78 --> 01:44:52,19
a couple of comments I know that it's been

1210
01:44:52,20 --> 01:44:57,87
a long process and we've we've agonized
we've gone through some very contentious

1211
01:44:57,88 --> 01:45:03,77
and meetings that have created some Bankston
gnashing of teeth and and all of this

1212
01:45:04,08 --> 01:45:08,91
I do think that. Everyone who has spoken
everybody who's been involved in the

1213
01:45:08,92 --> 01:45:12,69
process has shown up with good
intentions and wanting to do

1214
01:45:12,70 --> 01:45:18,96
a good job having said that if we these
this is my opinion I'm one one councilman

1215
01:45:18,97 --> 01:45:24,88
up here talking Having said that if we
continue to wait for community consensus we

1216
01:45:24,89 --> 01:45:29,21
will never get the job done we were ultimately
elected to make decisions and we're

1217
01:45:29,22 --> 01:45:36,07
here to make one tonight. Really here
to you know and I know there are

1218
01:45:36,08 --> 01:45:39,21
some things as far as smoothing things
over and some things that need to be

1219
01:45:39,22 --> 01:45:42,80
addressed in the future things that were
in the Planning Commission and the council

1220
01:45:42,81 --> 01:45:45,17
have a have another either an amendment or

1221
01:45:45,18 --> 01:45:49,39
a major update there are some things that
can probably be done better along the way

1222
01:45:49,40 --> 01:45:53,48
and I'm hoping that some of these things
can be documented so that ten years down

1223
01:45:53,49 --> 01:45:56,44
the road another council another Planning
Commission does not have to go through

1224
01:45:56,45 --> 01:46:00,66
the same type of anx to that we have
experienced over the last month or so.

1225
01:46:03,60 --> 01:46:08,20
We're really here to consider two issues
tonight we're really not here to debate

1226
01:46:08,21 --> 01:46:14,32
how we got here all that kind of stuff I
believe we're here to to consider two

1227
01:46:14,33 --> 01:46:21,12
resolutions the first being do we believe
we can make the appropriate findings and

1228
01:46:21,13 --> 01:46:26,52
certify the environmental document that's
number one and if we if we do believe

1229
01:46:26,53 --> 01:46:28,75
that by a vote of at least

1230
01:46:28,76 --> 01:46:34,29
a majority of that then the next step is
do we believe that this policy document is

1231
01:46:34,30 --> 01:46:40,27
ready to adopt and I think in our deliberation
I'm hoping that we can address the

1232
01:46:40,31 --> 01:46:44,83
at the resolutions that we have before us.
I'm sorry for the longwinded speech I

1233
01:46:44,84 --> 01:46:48,31
actually actually asked somebody not get
along with his speech and here I just gave

1234
01:46:48,32 --> 01:46:53,95
one so. So we can start in our deliberations
I don't know who wants to start can do

1235
01:46:53,96 --> 01:46:58,96
you do you. Go ahead you seem to
be the one who's has an eye for

1236
01:46:58,97 --> 01:47:05,92
a lot of detail Well I don't want to go
through individual findings word by word

1237
01:47:05,93 --> 01:47:07,79
you know we talked a little bit about

1238
01:47:07,83 --> 01:47:14,56
a gland earlier and. That was
the only place that I really

1239
01:47:14,57 --> 01:47:15,06
had

1240
01:47:15,64 --> 01:47:22,43
a little. Reviewed because
it didn't match up

1241
01:47:22,44 --> 01:47:28,08
with the the specific language in the
policy document but I was given an

1242
01:47:28,63 --> 01:47:35,49
explanation that the use of the terms
prime farmland prime egg land all goes

1243
01:47:35,50 --> 01:47:42,36
back to the meaning of providing some
protection for primary axle oils and that

1244
01:47:42,37 --> 01:47:49,09
is that terminology is used in in
this findings document later on

1245
01:47:49,09 --> 01:47:54,90
. I'm comfortable with

1246
01:47:54,90 --> 01:48:01,68
. Making the findings that the
environmental acumen is certifiable

1247
01:48:01,69 --> 01:48:01,97
with

1248
01:48:02,01 --> 01:48:09,62
a statement of overriding
consideration. Now the only. Think.

1249
01:48:09,62 --> 01:48:14,33
Well we'll wait for everyone to say their
piece. On the on the environmental

1250
01:48:14,34 --> 01:48:21,27
document I believe it's probably
exactly what we need. It seems to be.

1251
01:48:21,56 --> 01:48:22,19
Prepared with

1252
01:48:22,20 --> 01:48:25,78
a large enough scope to cover what we want
to do in the next twenty years without

1253
01:48:25,79 --> 01:48:31,42
any major problems hopefully.

1254
01:48:33,36 --> 01:48:35,78
It's just hard to do live in

1255
01:48:35,79 --> 01:48:41,39
a small town like this and have to do some
of these things because we see what the

1256
01:48:41,40 --> 01:48:46,06
environment around us and how it's been
acting over the years and some of these

1257
01:48:46,07 --> 01:48:51,04
things we don't think we need but I
guess we've got to do it and so.

1258
01:48:55,45 --> 01:49:00,82
I'll add my two cents worth and when we
first started this we attempted to have an

1259
01:49:00,83 --> 01:49:03,53
identity for our city
and we definitely are

1260
01:49:03,54 --> 01:49:07,21
a unique city we look at things
differently we look at things differently

1261
01:49:07,22 --> 01:49:13,73
Environmentally we are environmentally
friendly but to have a state organization

1262
01:49:13,74 --> 01:49:17,88
a federal organization so of wordage down
our throats against our will and it's

1263
01:49:17,89 --> 01:49:18,15
sort of

1264
01:49:18,16 --> 01:49:22,58
a grind system wrong way and this I think
been the problem for us to have to put up

1265
01:49:22,59 --> 01:49:28,19
with that. And be proactive to be protecting
ourselves yes there is we're just has

1266
01:49:28,20 --> 01:49:30,00
to be put into this P.R.

1267
01:49:30,01 --> 01:49:36,99
You are. So that we eliminate as
many potential contests in court to

1268
01:49:37,00 --> 01:49:39,06
make it as correct as possible it's not

1269
01:49:39,07 --> 01:49:45,90
a perfect document but as good as we can
possibly get by human factor and I am very

1270
01:49:45,91 --> 01:49:50,32
very proud of what the finished product
is I also appreciate what efforts going

1271
01:49:50,33 --> 01:49:53,91
into it from all the people that I represent
the city the Planning Commission and

1272
01:49:53,92 --> 01:50:00,77
the staff and and us having to
put through this. Sometimes

1273
01:50:01,18 --> 01:50:05,10
grumbling and going oh my god another three
hundred pages to have to look through

1274
01:50:05,44 --> 01:50:11,08
but we're here tonight to be able to get
to the culmination of this so I would be

1275
01:50:11,09 --> 01:50:12,06
honored to make

1276
01:50:12,07 --> 01:50:15,69
a motion to adopt Resolution two thousand
and ten dash forty five and read it by

1277
01:50:15,70 --> 01:50:22,22
title only. Also the motion. Has been in

1278
01:50:22,23 --> 01:50:22,96
motion and

1279
01:50:22,97 --> 01:50:29,12
a second to adopt Resolution two thousand
and ten dash forty five. And it reads

1280
01:50:29,13 --> 01:50:33,71
a resolution of the city council of the
city of Fortuna certifying the final

1281
01:50:33,72 --> 01:50:37,76
program environmental impact report for
the two thousand and thirty general plan

1282
01:50:37,77 --> 01:50:42,99
update adopting findings adopting the
statement of overriding considerations and

1283
01:50:42,100 --> 01:50:43,43
adopting

1284
01:50:43,44 --> 01:50:47,81
a mitigation monitoring and reporting program
pursuant to the California Environmental

1285
01:50:48,20 --> 01:50:52,40
Quality Act or any further diversions it's

1286
01:50:52,41 --> 01:50:58,04
a roll call vote. Councilman Bernie yes
councilman Glazer Yes ma'am councilman

1287
01:50:58,05 --> 01:51:04,28
Sandy Yes Mayor Protel Mistral
Yes Mayor what church yes.

1288
01:51:06,78 --> 01:51:11,70
Now on to the policy document itself
and by the way I think there was some

1289
01:51:11,71 --> 01:51:16,07
excellent dialogue and some productive
some productive work even done tonight so

1290
01:51:16,08 --> 01:51:17,89
thank you.

1291
01:51:23,28 --> 01:51:26,47
Well if you're looking
for a motion move to

1292
01:51:26,48 --> 01:51:32,52
a. Resolution twenty two
and forty six with two

1293
01:51:32,52 --> 01:51:39,42
. Point I would suggest that
the motion be to adopt the

1294
01:51:39,45 --> 01:51:42,95
as you've indicated up Resolution two
thousand and ten forty six to approve the

1295
01:51:42,95 --> 01:51:47,34
general plan with two
changes one two policy H.S.

1296
01:51:47,34 --> 01:51:54,32
Dash five point three as previously noted
in the record and then secondly to revise

1297
01:51:54,33 --> 01:51:59,41
land use diagram to permit compatible
light industrial uses in the mill mill

1298
01:51:59,41 --> 01:52:04,93
district area mill district so
move Mr Mayor second the motion

1299
01:52:04,93 --> 01:52:11,86
. If I wasn't the mayor

1300
01:52:11,87 --> 01:52:18,32
you'd taken the words right out
of my mouth. But. OK. There's

1301
01:52:18,33 --> 01:52:23,80
a motion to adopt Resolution two
thousand and ten dash forty six it is

1302
01:52:23,81 --> 01:52:28,67
a resolution excuse me when you get to the
right one it is the resolution of the

1303
01:52:28,68 --> 01:52:32,87
Council of the city of Fortuna adopting
to two thousand and thirty four ten

1304
01:52:32,88 --> 01:52:38,20
a general plan update with the two changes
as you noted. Any further deliberation

1305
01:52:39,42 --> 01:52:40,07
and that too is

1306
01:52:40,08 --> 01:52:46,62
a roll call vote counts when Bertie Yes
townsmen Glazer Yes ma'am Sandy Yes their

1307
01:52:46,63 --> 01:52:51,23
protests drawl. Before I vote I'd
like to say that this is just

1308
01:52:51,24 --> 01:52:56,04
a general plan and we are going to work
very hard to get it the way we like it as

1309
01:52:56,05 --> 01:53:01,90
we go on because plans can be updated my
definition of success from years ago when

1310
01:53:01,91 --> 01:53:07,32
I took classes was the progress the realization
of worthwhile personal goals so it

1311
01:53:07,33 --> 01:53:09,18
has to be a good to see progress

1312
01:53:09,22 --> 01:53:14,45
a process that we're going to go through
so with that I'm going to go yes which are

1313
01:53:15,15 --> 01:53:21,84
yes and that motion is carried I want to
personally congratulate and thank you and

1314
01:53:21,85 --> 01:53:25,65
I can express my appreciation up of
everybody who's in been involved in this

1315
01:53:25,66 --> 01:53:28,65
process and there are there are

1316
01:53:28,66 --> 01:53:32,18
a lot of good things to come to this I
want to challenge the future planning

1317
01:53:32,19 --> 01:53:37,83
commission and challenge the future city
council with the when you get into zoning

1318
01:53:38,08 --> 01:53:42,95
and other city ordinances in dealing with
this general plan don't hesitate you find

1319
01:53:42,95 --> 01:53:46,95
weaknesses point him out because this
thing can be refined and I think it's

1320
01:53:46,95 --> 01:53:51,47
probably going to be in the next eighteen
months this is been an arduous process

1321
01:53:51,47 --> 01:53:54,92
though congratulations and this is

1322
01:53:54,93 --> 01:53:59,44
a big deal for the city for tonight thank
you. But that no other business we are

1323
01:53:59,46 --> 01:53:59,73
joined.