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<br />Mr. lserson responded to Mr. Sbutts' concern regarding Condition 37. He pointed out that <br />the fee would be payable within one month of the approval of the PUD. The idea is that <br />PanCal will be doing the improvements which should be getting underway soon and in all <br />fairness, they should be reimbursed. Mr. Shutts expressed concern that as yet the applicant <br />does not even have the loan in place and did not know if this could be done so quickly. <br />Further discussion ensued as to what "sufficient security" means. Mr. Iserson said this term <br />means performance bond, letter of credit, or some financial guarantee of some sort. <br /> <br />Mr. Shutts further discussed the matter, noting that the Hempy project did not have to do <br />this type of thing. He reiterated that he is willing to contribute to the cost of the <br />improvements, but objected to the term "upon demand". Mr. Higdon injected that in most <br />cases these fees are paid at the time of the final map. Mr. Iserson continued to say that the <br />City is presently involved in somewhat of a "juggling" act: they are trying to coordinate <br />improvement of Foothill Road among several different property owners, none of whom are <br />very happy with the way things are going; PanCal is not pleased that they are the ones who <br />have to put up-front money for the improvements. The City's hope is to get everyone to <br />cooperate and get the improvements done. They feel for PanCal to get the job done they <br />have to be reimbursed in a timely manner. <br /> <br />Further lengthy discussion ensued on the issue of "upon demand" in Condition 37. <br /> <br />Mr. Shutts felt that a tree report was not necessary. He noted that if they were working in <br />the dripline area he could agree with this, but as it was he felt it was superfluous. <br /> <br />,- <br /> <br />Commissioner Hovingh discussed Conditions 5 and 16 with Mr. Shutts and asked if he would <br />have any problem with this should the setback from Foothill Road be 150 ft. Mr. Shutts said <br />he would have no problem with this. <br /> <br />Commissioner Hovingh expressed some concern about the possibility of a solid fence on <br />Foothill Road. Commissioner Michelotti felt this could be worked out at the Design Review <br />Board stage. <br /> <br />Mike Kliment, resident on Foothill Road, stated he is in full agreement with the applicant <br />and supports the application. He briefly discussed the future alignment of Foothill Road with <br />Mr. Iserson. <br /> <br />Peter MacDonald, 400 Main Street, supported the application. He said the comments about <br />the school impact fees got his attention, and wished to state that he felt the school district <br />could build a school, if one is necessary, for $19,000 per student which would be derived <br />from development fees. <br /> <br />THE PUBLIC HEARING WAS CLOSED. <br /> <br />Minutes Planning Commission Meeting October 23, 1991 <br />Page 10 <br /> <br />I. <br /> <br />. <br />