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ROLL CALL VOTE <br />Ayes: Commissioners Getty, Jamieson, Wilson and Chairperson Doherty <br />Noes: None <br />Absent: Commissioner Leppert <br />Abstain: None <br />Resolution No. 1855 was then entered and adopted approving the map <br />for Tract 4539 as submitted subject to the conditions of the staff <br />report. <br />Chairperson Doherty asked staff as time permits to look into passive <br />solar design concepts. <br />Tract 4373, Foothill Builders <br />Application of Foothill Builders for tentative map approval for a 13 <br />lot residential subdivision of the 10 acre site located on the east side <br />of Foothill Road south of Bernal Avenue. The property is zoned R-1-20,000 <br />(Single-Family Residential) District. A negative declaration of environ- <br />mental impacts was also considered. <br />Commissioner Wilson stated he had an interest in the following two <br />projects, and would abstain from participating in considering these <br />cases. He stepped down from the Commission. <br />Mr. Harris explained the staff report and that the project is exempt <br />from RAP and that the applicant will have to apply to City Council <br />for their exemption. He stated also there are no sewers and that <br />the developer will try to get 13 sewer connections under the 1972 <br />Settlement Agreement. <br />The public hearing was opened. <br />Ted Fairfield, a partner in the project spoke. He stated they have <br />worked closely with staff and resolved all of the problems. He stated <br />they agree with the staff report but stated they are on the B-3 list <br />for sewers and not the unlisted as stated by staff. Mr. Fairfield stated <br />he would like clarification of conditions #3 and #4 in that they want <br />to be sure these conditions do not detract from rights they already have <br />concerning the Settlement and Annexation Agreements. Mr. Harris <br />responded stating that the City is not depriving the developer of any <br />rights they already have nor are they giving them any more rights but <br />that the staff is just making it clear the act of approving this tentative <br />map is no guarantee of sewer connections. <br />Commissioner Getty addressed item 5 of the negative declaration concerning <br />the flooding of the Arroyo. Mr. Fairfield stated that widening of the <br />channel will have to be on the opposite side of the creek and should be <br />more than adequate and that their project will not flood. <br />-9- <br />