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In response to an inquiry by Commissioner Blank regarding liability in the event o£an <br />injury on the path, Ms. Nerland confirmed that the City would be the first party from <br />which liability would be sought. She added that each claim is examined on separate <br />merits and that other possible culpable parties may be sought out as well. The City <br />would be responsible for the maintenance of the sidewalk. <br /> <br />Conunissioner Roberts advised that she had spoken to Mr. Lamb, the Greenes, and Kathy <br />Ferreira. <br /> <br />Commissioner Fox advised that she had spoken with Kathy Ferreira and the patrol officer <br />in the neighborhood. <br /> <br />Commissioner Blank advised that he had spoken with Mr. Bozorgzad and Mr. Greene. <br /> <br />In response to an inquiry by Commissioner Roberts whether the neighborhoods in Val <br />Vista Park that ended in cul-de-sacs stated that they did not want the street to go through <br />to the park, Mr. Pavan confirmed that was the case. <br /> <br />In response to an inquiry by Commissioner Fox regarding how the City determined <br />whether a neighbor was "walled-in" by a proposed development, Mr. Pavan replied that <br />the question had been an issue within the City for many years. He added that this was <br />determined by examining a combination of grading, height, and form of the house, <br />landscaping, and the separations between houses. He described the view analysis process <br />and noted that the furore height of landscaping upon mature growth was an important <br />factor in determining view impact. He noted that the Commission may add a statement to <br />the guidelines stating that the design and location of the houses will be done in a manner <br />that would reduce massing in order that an adjoining neighbor does not have any <br />significant view impacts. <br /> <br />He noted that in an urbanizing area such as this, there will be some impact on the views <br />of adjoining neighbors. Staff would endeavor to ensure that reasonable views would be <br />maintained. <br /> <br />Ms. Decker noted that Mr. Pavan had included conditions recommending view studies, <br />with which the applicant concurred <br /> <br />Mr. Pavan noted that based upon his conversations with Mary Greene, she had stated to <br />staff that the line was surveyed as being accurate in conjunction with the subdivision <br />done by Greenbriar and the extension of Sycamore Creek Way through their property. <br />He added that dedication was required to accommodate that; he suggested that she <br />present that material to the Commission for its determination. After the PUD <br />development plan is approved by City Council, the applicant must present a tentative <br />parcel map because only four lots were under consideration. The subject property would <br />be surveyed by a civil engineer or a licensed land surveyor; all existing features, property <br />lines, and fences would be verified based upon the survey done in the field. Any <br /> <br />PLANNiNG COMMISSION MINUTES February 9, 2005 Page 12 of 22 <br /> <br /> <br />