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109 <br /> <br />doing major drainage system maintenance. He added that the <br />Planning Commission feels all utilities should be public. <br /> <br /> No one in the audience spoke in opposition to the item. <br /> <br /> There being no further testimony, Mayor Mercer declared the <br />public hearing closed on this application. <br /> <br /> Council discussion ensued regarding the problems associated <br />with privately owned systems, i.e., Twelve Oaks, and possible <br />contingent liability. <br /> <br /> It was moved by Councilmember Brandes, and seconded by Mayor <br />Mercer, that Ordinance No. 1380, to be read by title only and <br />waiving further reading thereof, after finding that the proposed <br />final development plan is consistent with the preliminary <br />development plan, purposes of the PUD District, and the goals and <br />policies of the General Plan, approving PUD-85-15-2D, application <br />of Currin Construction Company and Timm, Inc., for development <br />plan approval for a 95-parcel residential project to be located on <br />an approximately 262 acre site located on the west side of <br />Foothill Road approximately 3100 feet south of the intersection of <br />Bernal Avenue and Foothill Road, subject to Planning Commission- <br />recommended conditions set forth in Staff Report 88:403, be <br />introduced. <br />The roll call vote was as follows: <br />AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor <br /> Mercer <br />NOES: None <br />ABSENT: None <br /> <br />item 9c <br />AP-88-17, Appeal of a decision of the Planning Commission denying <br />the application of Thomas Black for a major modification to an <br />approved development plan for a residential subdivision to modify <br />the permitted building envelope for an existing parcel, located <br />at 4 Red Feather Court. Zoning for the property is PUD (Planned <br />Unit Development)-Low Density Residential <br /> Mr. Swift presented his report (SR 88:400) dated August 16, <br />1988, regarding this matter. <br /> <br /> Mayor Mercer declared the public hearing open on the item. <br /> <br /> Mr. Thomas Black, 3742 Pinot Court, stated this matter has <br />been before Council previously; he is now submitting a revised <br />plan which is similar in many respects in impact to those <br />homeowners who formerly objected to the plan. He stated the plan <br />tonight has a better view and more gentle slope, and it meets all <br />requirements for City approval including trying to stay behind the <br />one large oak tree to shield from other homeowners. He advised <br />there would not be a large off-haul, it will be more easily <br />vegetated and landscaped, and less erosion. He stated this plan <br />was voted on by the homeowners associated and approved by a 2/3 <br />quorum vote (17 in favor, 7 against, 2 absent, 1 abstention), but <br /> - 11 - <br /> <br /> 8-16-88 <br /> <br /> <br />