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MINUTES <br />PLANNING COMMISSION <br />6/13/84 <br />Page 6 <br />Tract 5134, Del Prado Homes <br />Application of Del Prado Homes to subdivide an existing 94 unit multi-family <br />residential rental complex into a condominium project at the southwest corner <br />of Hopyard Road and Golden Roads. Zoning for the property is RM-1500 (Multi-family <br />Residential) District. <br />Mr. Harris presented the staff report recommending approval. <br />Chairman Doherty stepped down and abstained inasmuch as he owns prperty in <br />the immediate area. <br />The public hearing was opened. <br />Robert Mitchell, Esq., 100 Pine Street, San Francisco, represented Del Prado <br />Homes. He indicated that while he is not an engineer, the conditions appear <br />to be acceptable to he and his client. He had discussed the conditions over <br />the telephone with the City's Engineering Department. He understands that <br />the conditions are standard except for the last one which is not. They are <br />still negotiating minor details with Zone 7. They had 90% of the tenants supporting <br />their application when the project started. He indicated he would be happy <br />to answer any questions. <br />Commissioner Lindsey asked why the Planning Commisison is being required to <br />approve this map before the license agreement is accomplished between Zone <br />7 and the applicant. Mr. Harris explained that the City is third party to <br />the agreement and has to sign it. Commissioner Lindsey asked if there is <br />any reason why the Planning Commission and City Council shouldn't be aware <br />of the contents of the agreement before passing on this issue. Mr. Harris <br />explained that it only refers to the parking. <br />Commissioner Wilson asked if the homeowners association will maintain the parking <br />area. Mr. Mitchell said they would. <br />Commissioner Innes indicated that with regard to the license agreement between <br />Zone 7 and the City, he had had a conversation with Mun Mar of Zone 7 who indicated <br />that there are still many items to be hammered out and he indicated they would <br />definitely not grant an easement. He asked if a permanent agreement carried <br />the same weight as an easement. He was left with the impression that Zone <br />7 could revoke a permit at any time. Mr. Swift responded to this matter stating <br />that the condominium conversion requires permanent parking. He indicated that <br />they could have a license agreement without term and this would be every bit <br />as valid as an easement unless revoked by one or the other parties. Mr. Mitchell <br />explained that if an easement were granted, it would require public auction <br />and offerings. A permit would not have an auction requirement. They can grant <br />a license almost administratively. <br />The public hearing was closed. <br />A motion was made by Commissioner Getty, seconded by Commissioner Wilson that <br />Tract 5134 be approved per the staff report. <br />-6- <br />