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<br />ROLL CALL VOTE <br /> <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Commissioners Cooper, Kumaran, Lutz, Wright and Chair Barker <br />None <br />None <br />None <br /> <br />- <br /> <br />The motion carried. <br /> <br />d. AP-97-03/PUD-85-15-3M. Currin Construction/Golden Eal!le Farm <br />APPELLANT: Mayor Ben Tarver <br />Appeal of the Zoning Administrator's approval of a PUD modification to eliminate the private <br />pedestrian trail system amenity from the open space area of the Golden Eagle Farm - Phase 2 <br />(west side of Foothill Road) subdivision. Zoning for the property is PUD (Planned Unit <br />Development) - LDR (Low Density Residential) District. <br /> <br />Mr. Iserson presented the staff report of the appeal of a minor modification to eliminate the private <br />pedestrian trail system amenity from the open space area of the Golden Eagle Farm - Phase 2. The <br />trail system was not approved for use by the general public and is not part of the City's staging area <br />for the Augustin Bernal Park. The pedestrian trail was never provided. Staff has been working with <br />the homeowners and the developer to arrive at a mutually-agreeable amenity to replace the trail <br />system. The developer has deposited with the City a $30,000 bond until the Homeowners <br />Association decides what amenity it wants. The residents and developer both agree that the <br />pedestrian trail is not wanted. If no decision is made after one year, the City will use the money to <br />construct a sidewalk along Foothill Rd. <br /> <br />Mayor Tarver has appealed this issue to the Planning Commission. <br /> <br />East Bay Regional Park District communicated that they would like to see the pedestrian trail <br />retained. Staff advised that this was not a public trail system; however, the Park District still <br />supports keeping the trail system. <br /> <br />Commissioner Cooper clarified that the general public still would have access to the upper staging <br />area if the pedestrian trail were removed. <br /> <br />PUBLIC HEARING WAS OPENED <br /> <br />Katherine Pettinger, 1912 Toyon Court, advised that she negotiated the $30,000 bond from the <br />developer. The residents were surveyed, and they unanimously agreed that the trail system was <br />unnecessary. They compiled a list of amenities acceptable to the residents. <br /> <br />Denise Watkins, 8040 Golden Eagle Way, is the co-chair of the Landscape committee. She feels <br />the trail system was not well planned; too much grading would be involved, invasive to wildlife and <br />the environment. There was a high potential for litter and trash accumulation in presently <br />undisturbed areas. There were safety and liability concerns regarding fires and individual injury and <br />_ the potentiality of lawsuits filed against the homeowners and the City. <br /> <br />Planning Commission Minutes <br /> <br />Page 12 <br /> <br />May 14, 1997 <br /> <br />____.__.~_~___~_u,-.-..-.- .,-- <br />