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<br />~ <br /> <br />Commissioner Lutz called attention to Condition 46. Mr. Swift advised that 46 b. should <br />end with a period and delete the word "or." <br /> <br />In response to Commissioner McGuirk, Mr. Swift further clarified Condition 46 and growth <br />management. The condition can be met if the growth management approval is made within 2 <br />1/2 years. Furthermore, it is not clear that there are no more allocations available until <br />1998. <br /> <br />Mr. Beougher reviewed for Commissioner Barker the use of an easement over the Arroyo. <br />The City would get an easement for the trail. The City would indemnify anyone using the <br />park who is not part of the subdivision. If anyone of the subdivision or their guest or invitee <br />is injured, they would have to file a suit against the Homeowners Association. The banks <br />are owned by the Homeowners Association. <br /> <br />In response to Commissioner Barker, Mr. Swift advised that Condition 37 is a standard <br />condition when the driveways are too short to accommodate a car and a non-roll-up garage <br />door. <br /> <br />PUBLIC HEARING WAS OPENED <br /> <br />Fred Bates, 9781 Blue Larkspur Lane, Monterey, California, stated he does not concur with <br />the following conditions: <br /> <br />Condition 20: They have not had time to contact the railroad and do not know how long it <br />will take to get the approvals for an BV A. They propose to post a bond for that work, and <br />will begin the work as soon as they receive the approvals. They do not want this to hold up <br />the project. <br /> <br />Condition 29: Believes language should be included in this condition that holds the <br />landowners harmless or some form of indemnification to the public access and use easement. <br /> <br />Condition 32: This condition requires a geotechnic consultant be on site during grading and <br />excavation. Their engineering firm suggests the language read that a consultant be present as <br />need be. <br /> <br />Condition 33: Requests a four foot fence along the Arroyo bank. The applicant suggests <br />they stake and tape the area instead of building a fence. <br /> <br />Condition 35: Requests a specific on-site clean up plan. Mr. Bates advised that the site is <br />cleaned up and the necessary approvals have been obtained. They are currently waiting for a <br />disposal site and sign-off. They would like to request that the clean-up plan request be <br />modified to a sign-off listing. <br /> <br />Planning Commiuion Minutes <br /> <br />Page 4 <br /> <br />January 25, 1995 <br />