PC 081308 - Laserfiche WebLink

With reference to Condition No. 43 regarding posting a bond, Mr. Inderbitzen noted that what the agencies might require in terms of mitigation is so unpredictable that it could kill the project. He stated that they did not want to be held hostage by the resource agencies and that if they are unable to get the permits, the project will be limited to three lots. He added that it is conceivable that this be part of a bigger project and that mitigation obligations might turn out to be different. He requested that they not be required to post the bond for the cost of the estimated mitigation and the cost of staff time. Pleased working with staff, fairly amount of time…patient… agreement with staff. WE have questions on some, but limited no. of issues we would like to address. Marion thorough, follow-up …terrific job on issues relating to gate… which really achieved goals and objectives. Get off the road makes more sense. Want you to support project. No 89. Easement –believe that deed restriction re notice and adequacy of notice…functionally equivalent. Use in no. of projects…deed posted on deed…kind of deed restriction appropriate in non devt area. Relative small property, open space not contiguous or separated by road, not necessary to establish easement. Private lots, no common areas to be notified….easement has grantee, third party, another interest. If large piece of open space, for some public amenity. Deed restriction rather than easement. COA 48 – bond, curb gutter bypass. Consider deleting requiring …cost of staff time and prospective…. Stop at three lots after …go in. Involved in previous project. What they might require in terms of mitigation is so unpredictable can kill project. We need to be able to say…not worth 3 lots. Do not want to be held hostage to resource agencies. If cannot get permit, stuck with three lots. CAO says stuck with … posting a bond…conceivable that this be part of a bigger project, mitigation obligations might turn out different. We understand we have obligation…but ask you to not post bond of cost of city staff and cost of estimated mitigation .Commissioner O’Connor inquired if the applicants would be limited to three lots if they were not able to obtain the permits. Mr. Inderbitzen said yes. Mr. Inderbitzen then discussed the City’s green points ordinance requirements and indicated that the owner is willing to commit to 100 points. Mr. Inderbitzen then referred to Condition No. 22 regarding the grazing of animals. He noted that it is extremely limited and that there is any number of agricultural activities appropriate in non-developable areas. He asked for a more general description of the use for the open space and suggested that they be allowed to return for a minor modification or be subject to a use permit process. PLANNING COMMISSION MINUTES, August 13, 2008 Page 12 of 26