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6. PUBLIC HEARINGS Item 6a AP-89-17/Z-89-383, Appeal of the Desiqn Review Board's Denial for Deletion of a Condition of Approval for an Approved Landscape Plan for Saint Auqustine's Church Located at 3999 Bernal Avenue Mr. Swift presented his report (SR 89:492) regarding the matter. Mr. Mercer declared the public hearing open on the appeal. Fr. Dan Danielson, 3999 Bernal Avenue, Pastor of Saint Augustine's Catholic Church, explained that the Church wanted to do some basic landscaping on that portion of its property along Bernal Avenue in cooperation with the City's beautification plan. He continued that he does not oppose having a sidewalk built along the street, but objected to having it built at the expense of the Church. He added that when a portion of the Church's property was dedicated to the City, at no cost, for the construction of Bernal Avenue, he understood that any developments or improvements on that street would be the City's responsibility- He emphasized that the Church is not a developer and would not make a profit out of the improvements it would be putting in by passing on the costs to others. Mr. Mercer asked Fr. Danielson who gave him the verbal understanding that the Church would not be responsible for any improvements along Bernal Avenue. Fr. Danielson replied that Church representatives worked through the Kottinger Ranch developer and the developer's lawyers; they never talked directly to any City personnel. Mr. Swift stated that the Conditions of Approval for the Kottinger Ranch project required the developer to build a two-lane road on the property, through the Bonde property and the Catholic Church property, to connect to Bernal Avenue. The property through the Catholic Church was negotiated by the Kottinger Ranch developer, who built the street from curb to curb, without a sidewalk. The City was then given an agreement with a right-of- way and a fully-improved street. Kottinger Ranch ended up with a small triangular piece of land which used to belong to the Catholic Church, and the Church got a fully-improved driveway, with lights along the side, on the Church property. He indicated that there is no record of anything more than that. Representatives from Kottinger Ranch stated that they did not agree to build the sidewalk. And when the Church applied for its landscaping project, the City staff recommended that the sidewalk be put in. There being no further testimony, Mr. Mercer declared the public hearing closed. -5- 11-21-89