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addressed in the Initial Study. He stated that the Initial Study can be used as the <br />Environmental Review for acquiring agency permits. <br /> <br />Chair Blank then asked how the applicants would know how large of a bond they <br />would need to get to not only secure the permits from the three agencies but also to <br />cover any mitigation that the agencies might require. <br /> <br />Mr. Pavan indicated that the rRecommendation requires that three estimates be <br />provided, at which point sthe Staff would choose the estimate they deemed most <br />appropriate. <br /> <br />Chair Blank asked if where the three estimates would be providedcome from. <br /> <br />Mr. Pavan replied that the estimates would be provided by the applicant’s <br />consultants. Mr. Pavan said yes. <br /> <br />Chair Blank then requested that Mr. Pavan explain the pro’s and con’s of doing an <br />eEasement on the property versus a dDeed rRestriction. Chair Blank explained that <br />while eEasements do show up in title reports, he believed that dDeed rRestrictions <br />are more noticeable to people when they are considering purchasing a property. He <br />stated that this is one of the reasons the Commission has insisted in the past that <br />dDeed rRestrictions regarding things like the presence of noise or train tracks or <br />airports be written into the dDeed as restrictions. Chair Blank concluded by asking if <br />there are pro’s and con’s of eEasements versus dDeed rRestrictions that he was not <br />aware of. <br /> <br />Mr. Pavan noted that the Sstaff has had numerous experiences in administering <br />Hillside projects and wanted to be absolutely certain that the question of oOpen <br />sSpace and the potential restrictions thereof jump out at the buyer. He stated that it <br />is the sStaff’s belief that since an eEasement will show up on the maps that will be <br />attached to the deed and the title reports, they are a better option than dDeed <br />rRestrictions. He further explained that eEasements deal specifically with what can <br />be done to the property, as opposed to dDeed rRestrictions which are primarily used <br />to address disclosures, such as being next to train tracks or a rock quarry, or that <br />there are flyovers by aircraft. He indicated that staff believes that an eEasement will <br />be more transparent to the potential buyer and would allow them to make an <br />informed decision. <br /> <br />Chair Blank assured Mr. Pavan that they share the same goal of informing the <br />potential buyer in the best possible way but expressed his belief that dDeed <br />rRestrictions would be a better choice because they will show up on both the tTitle <br />rReport and the dDeed. Chair Blank also expressed his concern that the language <br />of eEasements is sometimes complicated and not as easy for the potential buyer to <br />truly understand their meaning. He then expressed his interest in knowing what the <br />City’s perspective on the issue is. <br /> <br />PLANNING COMMISSION MINUTES, August 13, 2008 Page 10 of 26 <br /> <br /> <br />