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Ms. Goldade agreed. She added that part of the zoning and design guidelines for the project will set the parameters of the building height, square footage, and the actual design of the home, and the buyers can work within those parameters. THE PUBLIC HEARING WAS CLOSED. Commissioner Pearce asked Ms. Seto if she can talk for a moment about the legal ramifications of having an EVA on a private street, just for the purposes of this hearing and the Minutes. She noted that the Planning Commission has talked about the EVA in the past. Larissa Seto stated that there has been a lot of discussion for this project regarding what rights the City has within Grey Eagle Court based on various documents and part of the tract map when it was originally recorded. She explained that part of the language in the CC &R's includes right of entry, and language in the Tract Map talks about easements granted to the public and to the City for access and various issues like that. She indicated that she thinks this remains an open question that needs to be discussed. She noted that she knows that the property owners are concerned with an easement surcharge, but there is also language in various documents that have been recorded and disclosed to the various property owners regarding how the City has effectively an unlimited right of entry into that area. She further noted that whether the City's right -of -entry also includes when emergency services personnel direct other people to go in that area remains an issue to be discussed. She indicated that the City has heard the concerns expressed by property owners about issues regarding potential liability, and there are several options that the City is considering and analyzing to address that. Commissioner O'Connor inquired if this EVA issue was properly vetted at the time the City approved the plan to build 51 homes on the site or if there is still discussion at this time with respect to whether or not the City has that right to go through there. Ms. Seto replied that the City feels there is the right, but it is always open to hear what other people have to say and new or additional information they want to present in their own analyses. She noted that, as she mentioned earlier, there are also several legal documents in terms of the original Tract Maps that did grant rights to the City for EVA easements at different heights and points of entry, and these documents bind all the property owners of the subdivision. Commission Olson stated that he is really troubled by the situation raised by Ms. Ayala regarding the provisions of Measure QQ. He noted that it appears to him that the homework has not been done and it is several years late. He inquired where the City is with respect to the Ordinances and how the City can we go forward with this project or any other project up in that area without this work being done. PLANNING COMMISSION MINUTES, March 28, 2012 Page 16 of 33