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Mr. Gibson said that with regard to condition #39, paying Zone 7 fees, <br />he would prefer to pay them at some other juncture, i.e. 'before <br />building permit.' Regarding condition #47 and the lot line adjust- <br />ment, he would like that to be administrative rather than a full <br />Planning Commission or City Council hearing. Mr. Harris explained <br />to him that this is generally administrative and that the City will <br />only require them to meet the criteria of the Subdivision Map Act <br />and City Ordinance and did not expect anything additional. <br />Chairperson Getty asked if the applicant would be willing to put in <br />a 10 ft. sidewalk. Mr. Gibson indicated that would be satisfactory. <br />Commissioner Doherty asked if Mr. Gibson had any comment with regard <br />to his suggestion that before final project approval an agreement <br />be entered into with Southern Pacific for a lease of not less than <br />10 years covering parcels 4 and 5 with regard to the parks. <br />Mr. Gibson said it is his understanding that leases are currently <br />on the desk of the City Attorney for review. He said that his <br />group does not have lease rights to these two parcels and urged that <br />they not be required to get in the middle of the negotiations between <br />Southern Pacific and the City regarding the parks. Commissioner <br />Doherty said he just wants assurance that the leases will be executed <br />prior to the project going ahead. Mr. Harris stated that at the <br />present time there are no assurances that the leases will be <br />finaled. However, Southern Pacific has assured the City they would <br />agree to a 10 year lease. He further stated that since the site <br />is not going to be overbuilt as previously proposed, there really <br />is no connection between the parks and the developments as there <br />was previously although zoning would be changed on all five pieces of <br />property. <br />Commissioner Wilson asked the zoning on the parks and Mr. Harris <br />explained. Fie said the applicant is willing to include the parks in <br />their zoning request as a courtesy to the City and if not rezoned <br />at this time, the City would have to initiate a zoning change for <br />conformance with the General Plan. Commissioner Lindsey asked <br />if the applicant could come before the Planning Commission without <br />mention of the parks. Mr. Harris said that except for the compact <br />car parking spaces they could meet the requirements of the C-C <br />zoning district and could just come before the Design Review Board <br />for approval. <br />Commissioner Wilson asked if five parking places would be for Hap's. <br />Mr. Gibson said they have already signed leases with Ms. Dunham and <br />Judge Gale wants to wait for approval of the project before entering <br />into a lease agreement. He said Judge Gale agrees to give them <br />parking in the evening hours. <br />Chairperson Getty discussed the zoning of the park sites. Commissioner <br />Doherty said they are properly included in the application but he <br />would like to see an agreement entered into. He said this project <br />is in the best interest of Southern Pacific, therefore, they would <br />-5- <br />