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285 Item 6b PUD-89-13, Application of A-M Homes for Williamson Act Cancellation and PUD Development Plan Approval for a 50-Lot, SinGle-Family Residential Development Located on a 117.94 Acre Site on the West Side of Foothill Road Generally Between Highland Oaks Drive and West Las Positas Boulevard (4440 Foothill Road) Consider Adoption of an EIR Mr. Swift presented his report (SR 90:250) regarding the matter. Mr. Mercer declared the public hearing open on the application. Mr. Steve Delva, representing A-M Homes, indicated that he agreed with the Staff Report with the exception of two major issues: (1) Condition No. 9, regarding public access to the upland open space. He explained that the project plan was based on the assumption that the open space would be owned by the homeowners association and that to allow public use of privately owned property is inappropriate because of the liability issues that may arise for the homeowners association. He added that the project is committed to restricting access to the upper portion of the property which would remain a permanent open space, in conjunction with the Moller, Garms and Presley properties. He stated that because the upper portion of the property is steep and intensely vegetated, it is not a suitable place for parks. (2) Condition No. 12, regarding deletion of Lots 10, 11, and 17, based on geologic concerns, endangered species habitat and providing a staging area for public access. With respect to the geologic concerns, he explained that the project's geologic consultants have indicated that the small slides on all three lots can be easily repaired, with Lot 17 resulting is an engineered finished split pad. He stated further that according to the EIR, only Lots 11 and 17 had a habitat potential for whip snakes. He added that Mr. Sam McGuiness had just completed a whip snake investigation and found none on the lots. Mr. Delva then stated that he had no objection to the two modifications made on the project upon the recommendation of the Planning Commission: (1) Condition No. 10, regarding the configuration of Lots 1, 2, 3 and 4 into three lots to comply with the site development standards of the West Foothill Road Corridor Overlay District; and (2) Condition No. 11, the consolidation of Lots 5 and 6 into one lot. He indicated that Mr. Peter MacDonald would talk about the Williamson Act in relation to the project. Mr. MacDonald handed the Councilmembers some supplemental materials regarding the cancellation of the Williamson Act and making the findings that the project would provide "more contiguous patterns of urban development." He explained that the Garms Ranch is the only Williamson Act parcel left between Castlewood and beyond the Presley development. He stated that the - 9 - 6-19-90