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<br />In response to a question from Chairman Hovingh, Mr. Beougher s that even if a <br />number of houses were damaged in the event of an earthquake, that e City might be named <br />in a lawsuit, but the potential for the City being liable is minimized y the fact that it is a <br />discretionary act. He reiterated the City would not be any more liab e than for other areas <br />that the City approves. Basically, a person who purchases a home' such areas agree they <br />are aware of the risk. <br /> <br />Mr. Smith stated he agreed with what the City Attorney has said. H thanked the staff and <br />Commission for their work and requested approval of the project wi the entire 55 lots. <br /> <br />TIlE PUBLIC HEARING WAS CWSED, <br /> <br />COMMISSION'S COMMENTS: <br /> <br />Commissioner Finch noted for the record that Terrasearch did geolo ic studies for several of <br />his hillside projects. <br /> <br />Commissioner Mahern stated that she has given this matter a great d of thought. She does <br />not want to deny the project nor does she feel comfortable with the lots; however, she <br />also does not want the City to be responsible for any possible liabili . She felt she could <br />approve 37 lots as recommended by staff, and that this number woul solve some of the <br />other problems of sewer and water. <br /> <br /> <br />displayed tonight. <br />ch and detail, but she <br />pplicant. She stated <br /> <br />Commissioner Michelotti stated that she appreciated all the knowled <br />She felt that staff and the applicant have gone into a great deal of re <br />could not feel comfortable approving the 55 lots as requested by the <br />she would have no problem approving Option 2. <br /> <br />Commissioner Wright stated after reading the reports and listening <br />information presented tonight that the applicant has completely done <br />the ancient landslide is stable and safe to built on. He would leave <br />and would approve the project. <br /> <br />the volume of <br />eir job. He felt that <br />e plan as it is at 55 lots <br /> <br />Commissioner McGuirk stated that he has studied the reports and lis <br />made tonight, but is uneasy about approval of the project as reques <br />However, he would be able to support approval of 37 lots as staff <br /> <br />ned to all the remarks <br />by the applicant. <br />mmended tonight. <br /> <br />Commissioner Finch stated that he could support the project on its 0 merit, and from the <br />fact that he has personally built a number of houses in similar situati ns on the hillside. He <br />noted that this project was deemed acceptable by the County. Howe er, he would have <br />favored dropping only five lots rather than going down to 37 lots. <br /> <br />Planning Commission Minutes <br />November 11, 1992 <br /> <br />Page 8 <br />