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Commissioner Blank stated that it is not certain as the parties could partner up. Chair Narum agreed that the property owners may sell the sites and that she believes there does need to be a chain or gate at the Sycamore Road end. Commissioner Blank noted that it is currently fenced off at the end. Commissioner Olson noted that the tree report is over four years old and inquired if this was reviewed more recently by the City's Landscape Architect or if staff is comfortable with an old report. Ms. Stern replied that she believes all the trees that are to be removed have been removed at this point; hence, the fact that the report is older is not an issue. Commissioner Blank moved to find that the project would not have a significant effect on the environment and that the amendment to the North Sycamore Specific Plan is consistent with the General Plan; to make the PUD findings as identified in the staff report and that the proposed Major Modification to the PUD and the PUD Development Plan are consistent with the General Plan, the North Sycamore Specific Plan, and the purposes of the PUD Ordinance; and to recommend approval of the Negative Declaration prepared for the project and the Major Modification, Case PUD-65-01M, subject to the conditions listed in Exhibit A of the staff report, with the addition of a condition that the applicant be required to install and maintain a fence on the Sycamore Road end of the "flagpole" for as long as they own the property. Commissioner Pentin seconded the motion. ROLL CALL VOTE: AYES: Commissioners Blank, Narum, Olson, Pearce, and Pentin NOES: None ABSTAIN: None ABSENT: None Resolutions Nos. PC-2011-35 recommending approval of the Negative Declaration, PC-2011-36 recommending approval of the North Sycamore Specific Plan Amendment, and PC-2011-37 recommending approval of the PUD Major Modification were entered and adopted as motioned. EXCERPT: PLANNING COMMISSION MINUTES, OCTOBER 12, 2011 Page 6 of 6