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<br />to the aesthetics and placement of the signs, and can make modifications to the approved <br />r proposal if it desires. <br /> <br />In response to an inquiry from Commissioner Arkin, Mr. Pavan advised that the Moller and <br />Presley developments may have other properties that have access through the development, but <br />are not a part of the subdivision. <br /> <br />THE PUBLIC HEARING WAS OPENED <br /> <br />COMMENTS FROM THE APPLICANT <br /> <br />-- <br /> <br />Leslie A. Johnson, 1331 N. California 5th Floor, Walnut Creek, CA 94563, advised that she is <br />the attorney representing Ann Sorensen. She reported that the personal agreement was a <br />condition to the submission of the development plan application and it was necessary to submit <br />the signed agreement to meet a submittal deadline. She advised that the terms of the agreement <br />were negotiated very heavily because Ms. Sorensen's relinquishment of her private access was <br />critical to the development. She noted that the City requested this consent in writing prior to <br />submittal of the application. She advised that Ms. Sorensen included all of the issues in the <br />agreement that she felt were important to maintaining the rural atmosphere that she enjoyed. Ms. <br />Johnson referenced language included in the agreement. She noted that the agreement requires <br />that the existing entrance to the Private Drive be left in as natural a state as possible, and, <br />therefore, at the very least it would be appropriate to move the sign back so that it is not at the <br />location where Ms. Sorensen accesses the property. She further noted that this would be <br />possible, but that they do not believe that it is the appropriate decision. Ms. Johnson advised that <br />the issue of the use of personal names in the naming scheme was negotiated extremely hard and <br />Ms. Sorensen was adamant that she would never consent to personal names being used, and <br />therefore, they feel the sign and the sign location is contrary to this agreement. Ms. Johnson <br />stated that they feel this agreement is not a private agreement, in that it was given to the City and <br />the City had full knowledge that Ms. Sorensen had no desire to have this development and felt <br />she was protecting herself by imposing the requirements contained in the agreement. <br /> <br />Mr. Lemoine, 4456 Foothill Road, noted that the only deadline related to the agreement related <br />to the project being placed on the City Council agenda before the CAPP Initiative passed. He <br />noted the Lemoine family supports Mardel LLC and the project signs. He advised that they feel <br />the signs are tastefully designed and are somewhat rural in appearance. He reported that the only <br />discussion with Ms. Sullivan regarding the use of personal names was related to the naming of <br />the private road. He noted that in a private meeting with Ms. Sorensen, he told her that the <br />developer was intending to name the project "Lemoine Ranch Estates," and there was no <br />discussion on this issue at that time. Mr. Lemoine commented that with regard to the issue of <br />keeping the area as rural as possible, he feels the gate that Ms. Sorensen is going to install on the <br />East Bay Regional Park property, right beyond the Lemoine property, is at least twice the size of <br />the proposed signs, and, therefore, they do not feel the size of the signs is out of line. Mr. <br />Lemoine reported that Ms. Sorensen's property does not start at Foothill Road, and that she has <br />to travel over the Mardel property, the Lemoine property, and EBRPD property for <br />approximately one mile to get to her property. He stated that they believe that the Mardel <br /> <br />.'-- <br /> <br />PLANNING COMMISSION MINUTES <br /> <br />June 27, 2001 <br /> <br />Page 4 <br />