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that would basically run along the top of the hill between Sunol Blvd. and the lake and then ,-. around near the freeway on-ramp to the top of the hill and extend to the Southern Pacific Railroad Corridor and connect to the trail on the north side of the property. He stated that this kind of a trial could be fenced off from the rest of the property, and Applied Biosystems advised that they would think about it before tonight's meeting. Mr. Sage advised that they still have concerns with respect to liability with access and that they are not comfortable at this time saying that they can provide public access, but they are open to continued discussion and looking at opportunities. He noted that to receive public indemnification may not be adequate to address their concerns. Commissioner Arkin commented that this side of town does not have any parks and to allow access to the site would be a nice benefit to provide for this area. He noted that there is public access throughout the Hacienda Business Park with no restricted access, and he has not heard of any problems. Mr. Swift advised that the level of City indemnification done in other areas has been in the areas of trails, and the area right next to the lake is considerably different from what the City has done in the past, and he is not ready at this point to say that staff would use that same indemnificationlhold harmless for being able to allow the public to the edge of the lake. Commissioner Sullivan asked that staff and the applicant continue these discussions and bring this matter back to the Planning Commission. .-- Commissioner Sullivan commended the applicant for everything they have done in the area of energy and resource efficiency. He asked for the status of the possibility of including photovoltaic panels. Mr. Sage responded that if it is not feasible to install them at this time, it will be feasible as this becomes a more common practice and manufacturing costs go down. He advised that hopefully they will be able to do this sooner, rather than later. In response to an inquiry from Commissioner Harvey, Mr. Sage advised that they are looking at opportunities to reduce water usage and described some of the measures they will implement. Commissioner Arkin stated that he is bothered that one, and possibly more of the people that spoke were actually employees of the companies that will be involved in the construction of this project and he feels they should identify themselves as having that interest, in that it is unfair to the neighborhood residents adjacent to the project. With regard to the issue of allowing the grading now, Commissioner Sullivan stated that he is concerned that if grading is allowed how does staff ensure that the grading is done correctly. Mr. Swift advised that the applicant would prepare the final plans, which would be reviewed by staff and compared with the plans before the Commission to ensure that they are the same. Any discrepancies would need to be processed as modifications to the development plan, with minor changes handled by City staff, and significant changes brought to the Planning Commission. Mr. Swift further advised that the review of the street plans, landscape plans, grading plans, and erosion and dust control plans are all part of the permitting issuance process. ~ PLANNING COMMISSION MINUTES October 24, 2001 Page 14