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Mr. Pavan explained that the wording of eEasements is provided to the City <br />Attorney’s Office, who then typically provides sStaff with copies of the eEasements <br />to ensure that all applicable items are incorporated. Mr. Pavan then asked if the <br />Commission’s concern was that they eEasement be written in lLayman’s tTerms so <br />the buyers could understand exactly what it meant. <br /> <br />Chair Blank explained that the process of buying a property involves so much <br />paperwork that it would be possible for someone to miss the importance of the <br />eEasement. He added that conversely, everyone pays attention to the dDeed itself, <br />such that having dDeed rRestrictions written on the actual dDeed would assure that <br />the restrictions were noticed by the potential buyer. He admitted that while <br />eEasements are listed on the dDeed, the explanation of these easement is usually <br />referenced on another document like the tTitle rReport, making it less certain that <br />the buyer will be aware of the restrictions. He statedChair Blank mentioned that <br />while he did not know the best way to make buyers aware of the restriction, he <br />wanted to raise the question with the group. <br /> <br />Mr. Pavan pointed out that eEasements for oOpen sSpace have been utilized in the <br />past on the vineyard estate lots in the Vineyard Avenue Corridor Specific Plan Area. <br />He noted that wherever there are vineyards, they have listed those as agricultural <br />eEasements that have to remain as vineyards for a specified length of time. He then <br />noted that comparable eEasements have been used on private property. He added <br />that staff routinely gets questioned about those eEasements, which shows that they <br />are definitely being noticed. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br />Marty Inderbitzen, – representing applicants Dr. William and Lydia, Yee, . <br />introduced the consultants and stated that Few comments on project. Address few <br />questions addressed to staff. Consultants Brad Hirst, Darrell Alexander, Engeo, <br />architect…design guidelines…green WSA. <br />they have been pleased to work with City staff. He added that the analysis on the <br />project has been thorough and that they are in agreement with staff with respect to <br />the numerous conditions placed on the project. He noted that they have achieved all <br />of their goals and objectives and asked the Planning Commission to support the <br />project. <br /> <br />With respect to Condition No. 83, Mr. Inderbitzen discussed the property’s features <br />as well as the function and appropriateness of deed restrictions. He noted that the <br />deed restriction is appropriate but not necessary to establish an easement. He <br />added that there is no common area open space and that the lots are private. He <br />requested that staff utilize a deed restriction rather than an easement. <br /> <br />Mr. Inderbitzen then discussed Condition No. 48 regarding the installation of the <br />water meters and asked the Commission to consider deleting or amending the <br />requirement. <br />PLANNING COMMISSION MINUTES, August 13, 2008 Page 11 of 26 <br /> <br /> <br />