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Chair Blank noted that all referencesmentions to “homeowner association”Home Owners Associations need to be changed to “mMaintenance aAssociation” sand that some additional administrative duties would need to be performed by the maintenance associationMA. Mr. Pavan indicated that while Condition No. 49 was not standard, it was already being employed successfully. He then pointed out where the previously mentioned parking bays were located and where the curbs might need to be built. Commissioner Olson inquired about on the current location of the gate and its intended future location. Mr. Pavan pointeds out the two locations and confirmeds that the gate will still be located prior to arrival at at the first lot. Commissioner Olson then asked Mr. Pavan for clarification regarding securing agency permits as explained on page 19 of the sStaff rReport. . Mr. Pavan replied that hypothetically, if the applicant is unable to secure the permits necessary from three agencies to complete the construction of the bike lane, the Ccity would then be responsible for securing those permits and provide for mitigation. He added that the City would require a bond to included sufficient funds to do so. Commissioner Olson inquired why sStaff thinks that the City would be able to get the permits from the three agencies if the applicant is unable to do so. Mr. Pavan replied that stated that it is the sStaff believes that, based on a review of the area, while it is technically a creek area,, it is not a habitat area. He added that the area hwas already been modified, and contains sandbags, poison oak, and other debris. He noted that based on the mitigation measures done in the past, sStaff believes that it is highly probable that the permits can be secured and the mitigation measures achieved. Mr. Pavan then reiterateds that if the applicant fails to secure the permits, the City will wants to have the money on hand to pursue the permits and mitigation itself. Commissioner Olson inquired if construction of the bike lane would result in filling that area so water could notcannot pass through during a storm. Mr. Pavan replied that a culvert could be constructed to aid in the passing of water. Commissioner O’Connor raised the point that at the workshop, the Commission had asked for a traffic safety analysis that would include several variations for entryway from Foothill Road. He noted that the sStaff rReport did not include the safety analysis and that there is only one location for possible entry access. Mr. Pavan explained that while the analysis was not included in the report, a safety analysis of possible access locations was conducted. He added that the analysis was done in consultation with the City Engineer, the Traffic Engineer, and consultants, who concluded that the entrance proposed satisfies the request for a PLANNING COMMISSION MINUTES, August 13, 2008 Page 8 of 26