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257 <br /> <br /> Mayor Mercer declared the public hearing open on this item. <br /> <br /> Mr. Martin Inderbitzen, attorney at law, representing Dr. and <br />Mrs. Yee, stated they have been working on this project for two <br />years and have had three meetings with the neighbors to discuss <br />their concerns, which have been mitigated for the most part. <br /> <br /> Mr. Mike Cooper, Architect for the project, addressed the <br />geologic history of the site, stating they have worked around the <br />slides and Calavares Fault. He advised they have avoided tree <br />removal where possible and used trees as a screen along Foothill <br />Road. He stated that every house plan will be required to come <br />before Design Review Board and the Homeowners Association. <br /> <br /> No one in the audience spoke in opposition to this item. <br /> <br /> There being no further testimony, Mayor Mercer declared the <br />public hearing closed. <br /> <br /> Councilmember Brandes asked about potential liability to the <br />City related to the geologic hazards. Mr. Swift advised that the <br />conditions of approval require the Homeowners Association to <br />indemnify the City as best it can. Mr. Roush concurred. <br /> <br /> Councilmember Brandes expressed concern regarding the <br />condition of maintenance of the open space; would it clearly allow <br />the City to taken whatever action necessary to have the <br />Association pay for the maintenance. <br /> <br /> Councilmember Brandes stated he did not feel the findings <br />can be made with this type of density to certify the Environmental <br />Impact Report. <br /> <br /> It was moved by Councilmember Butler, and seconded by <br />Councilmember Mohr, that Resolution No. 89-89, be adopted, <br />certifying the Final Environmental Impact Report for PUD-87-19, <br />the application of Dr. and Mrs. William Yee. <br />The roll call vote was as follows: <br />AYES: Councilmembers Butler, Mohr, and Mayor Mercer <br />NOES: Councilmembers Brandes and Tarver <br />ABSENT: None <br /> <br /> Councilmember Mohr stated she has walked the property and can <br />find favor with the revised plan with the exception of Lot 18, <br />which she objected to because of the elevation of the pad. Even <br />though there are trees, the trees are lower and would have no <br />impact to screen this pad. <br /> <br /> Councilmember Brandes stated he feels 23 units are too many; <br />the Summary states that mid-range development pursuant to General <br />Plan policies would yield 13 lots. He would like to see something <br />in the mid-range number. <br /> <br /> - 15 - 2-21-89 <br /> <br /> <br />