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at the end of Hearst Drive. He indicated that he certainly would also be in favor of these individual property owners having gates on the entries to their properties. Commissioner Narum agreed. Chair Pentin stated that he agrees completely. He noted that at the Golden Eagle subdivision, anyone who wants to drive a car into the subdivision would have to go to the gate and have a pass; but there is a pathway that goes right in that one can walk or run or ride a bike through, and that seems to work fine Commissioner O'Connor stated that one can talk to the guard and drive a car right through to go to the staging area and up to Ridge Park. Commissioner O'Connor stated that he is not generally in favor of gating off communities, but this is ten units and it is an exceptional area, so he really does not have a problem with gating it. Commissioner Pearce stated that she agreed and that it reminds her of the Lester property. She noted that she is not generally in favor of gates and that the General Plan discourages them, but the Commission made an exception with the Lester property because of safety concerns. Commissioner Narum stated that she agreed with that. 5. Emergency Vehicle Access — Does the Commission wish to provide any comments regarding the EVA at this time? Commissioner Pearce stated that she has some concerns about the legal ramifications of the EVA. She noted that the staff report indicates this is a really preliminary discussion of the EVA and that the Fire Department is still evaluating this. She indicated that there obviously needs to be an EVA and questioned if a private street is the correct location for an EVA and with these measurements. Mr. Dolan stated that there has been on -going dialogue, particularly about the physical requirements, and the Fire Department has shown some flexibility with what it originally demanded to be satisfied with a physical layout similar to what was approved before. He noted that two issues remain once that is resolved, and he felt those two issues could also be resolved: First, does the City have the right to do it? He indicated that the City concluded the last time that it did have the right. He noted that he is not sure the City has been shown anything that leads it to believe that it will come to a different conclusion unless there would be something that changed the City's position. He added that if there is something the City needs to consider, it will. And second, the issue of liability or indemnification. He indicated that this is something where there has been some movement. He stated that if the Commission's conclusion is that an EVA is necessary, there is not much more to offer; the City needs to work through those other issues and bring back more definitive information on all of them down the road. PLANNING COMMISSION MINUTES, March 28, 2012 Page 27 of 33