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<br />Commissioner lV'laas noted that the Council requested the presentation by l.V1:s. Sommer <br />because they did not completely understand the green building guidelines. <br /> <br />Chairperson Arkin noted that he had spoken VV"ith some of the Bridle Creek residents vvho <br />VV"ere not happy about a maintenance association as opposed to a homeovv-ners <br />association. He asked 1\/ls. Nerla..nd to clarify the distinction betVV'een the tvv"o.,. and "V'Vas not <br />sure he VV"as comfortable in recommendirLg a maintenance association over a l"lomeovvners <br />association. <br /> <br />Commissioner 1\/laas noted that she belonged to a homeovvners association". and VV'ould not <br />be in it given. the choice. <br /> <br />l'v'Is. Nerland explained that a homeovvners association ovvns property but a maintenance <br />association just maintains property o"V'Vned by someone else such as the City. She noted <br />that Greenbriar did not ravorhomeovvners associations as they seemed more likely to sue <br />the de-veloper. Greenbriar had proposed that if someone else", such as the City.,. o"VVTl.ed the <br />property" they VV'ould maintain it" but they did not "V'Vant an entity to ovvn it. The <br />maintenance vvould be attended to" but the maintenance association vvou.ld not have the <br />broad authority that a homeo"V\1ners association vvould have. <br /> <br />Discussion. of AD 1160 and ac-t-ion. on. draft: Dosit:ion. le-t-....er. <br /> <br />Chairperson Arkin complimented 1\/ls. Nerland on the letter". a..nd inquired "V'Vhether school <br />districts ""auld req-uire staff to support the process. <br /> <br />.A discu.ssion of use in the zoning district for schools ensued. <br /> <br />1'V'1r. Iserson noted that the use VV'ould be subject to a design revicVV' or subdivision revieVV'. <br />He belie-ved this vvould automatically apply to a use that "V\1ould be permitted", and that the <br />intent vvas t.hat residential uses be alloVV'ed by right. <br /> <br />I'\Ifs. Nerland noted that the use may not exceed the maximum density alloVV'ed in the area. <br />She noted that it did not preclude any City invol-vement or oversight" but it. did tie the <br />City"'s hands" VV'hich ""as the central issue concerning staff a..nd the League or California <br />Cities. It vvas staf-rs opinion that. that decision-making should be made on the local le-vel.,. <br />and that it VV"as not appropriat.e for the State le"VeL <br /> <br />Commissioner Fox believed that the paragraph vvhich addressed the school selling ofT <br />land VV"as the strongest paragraph", and suggested moving it before the paragraph <br />addressiI1g second units. <br /> <br />The Commissioners concurred that the letter "VVas vvell-vv-ritten". and agreed vvith its <br />contents. <br /> <br />PLANNING COl'Vll'VlISSION l'VlINUTES <br /> <br />October 22, 2003 <br /> <br />Page 17 <br />