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to mitigate the additional houses. Ha proposed that the open space be xr~ade accessible to the members of the public who wished to hike on the trail, but that cars would not be allowed into the development- In response to an inquiry by Commissioner Kemeny regarding potential liability, Mr. Swig replied that there were several ways to structure liability- He noted that Moller Ranch was structured as private property with a public casement through it He did not believe the City indemnities and holds the I-Iomeowners Association harmless in that particular easement, although that had occurred in other instances. In response to an inquiry by Commissioner Roberts with respect to indemnification, Mr. Swift noted that part of the property was not part of the application- I-Ie was unsure what legal rights retained by the Currins with respect to what happens within the trail and the open space. He would be hesitant to add a condition requiring public access on the property; he noted that staff would be willing to work with the Currins to sec what would be possible. Commissioner Roberts noted that if allowing public access to the trail was legal, she would like to see that added to the conditions. Ms_ Nerland noted that there were private property rights issues were involved, and that a new PUD may be required. Mr. Swift advised that the PUD made it very clear that it was privately owned land with an easement to all the property owners of Oak Tree Farm to use as a trail. Commissioner Sullivan noted that he would not be inclined to approve the houses without an amenity to the community. Commissioner Roberts agreed with. Commissioner Sullivan's assessment with respect to the urban growth boundary, and added that there were already structures in place. Chairperson Arkin requested that staff look into the matter to detern-xine what actions would be possible. Commissioner Roberts amended the- original motion to include that at the time the Parcel Map for this project is reviewed, staff look into the feasibility of the Currins allowing public access to the trail from the East Bay Regional Parks property; and added the requirement that the Parcel Map be reviewed by the Planning G'ommission_ PLANNING COMMISSION MINUTES _iuly 9, 2003 Page 15