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reduce fire dangers, reduce noise, etc. He stated that without the private gates the project is just another development. He stated that access to the remainder of the Pleasanton Hill area could be by extension of Arbor Drive, which would not ad- versely impact the Mutual Land Company property. Councilmember Brandes asked who would pay for the paving of the 20 foot wide access road at such time as it is needed, and who would maintain it. Mr. Warnick advised that it probably will not be needed until development of the Kottinger Ranch property, and that the developer of that property would be required to pay for pav- ing of the emergency road as a condition of approval. Mr. MacDonald stated that the homeowners association of that development could be responsible for maintaining, and~ if necessary, paving the emergency vehicle access and that it could be included in the CC&Rs. Mr. Dunkley stated the access road could be kept in the same manner as the Deer Oaks development; not paved but maintained in an unobstructed fashion. He reiterated that a through street would damage the concept of the project and change its unique character of development for open space. He requested Council to accept the proposed changes to conditions as submitted, which would allow a private-gated community. Mayor Butler asked Mr. Dunkley if he had discussed the steep slope with the Fire Chief relative to emergency access. Mr. Dunkley advised that the slope is not on Mutual Land Company property, and that the access road that is there now has been used by the Fire Department on previous occasions. Chief Hill stated that the Fire Department has used the subject road but only during summer months. He added that the 20 foot wide unobstructed access road would provide enough room for emergency access to the area. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Butler declared the public hearing closed on the application and the mitigated negative declaration. It was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 83-91, determining on the basis of a review of initial environmental study done for this project, that no significant environmental impact would occur as outlined in the City's guidelines and that a mitigated negative declaration is appro- priate for development plan approval for the development of 28 parcels for single- family residential use on an approximately 48 acre parcel owned by Mutual Land Com- pany and located on the south side of the eastern terminus of Crellin Road, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, Mohr, Wood, and Mayor Butler NOES: None ABSENT: None After discussion, it was moved by Councilmember Mercer, and seconded by Council- member Brandes, that Ordinance No. 1077, to be read by title only and waiving further reading thereof, after making the findings that a five acre lot minimum is in confor- mance with the Open Space designation and that the proposed design is sensitive to open space considerations in that building pads could be created adjacent to the roads without excessive grading in that portion of the Mutual Land Company property shown as Open space so that conformity with the General Plan can be found; thereby approv- ing the application of Mutual Land Company for development plan approval for the development of 28 parcels for single-family residential use on an approximately 48 acre parcel located on the south side of the eastern terminus of Crellin Road, subject to all conditions in Planning Commission Resolution No. 2276 but changing Conditions 2, 5, and 32 as presented above except amending Condition No. 2 to read "20 feet wide" instead of "10 feet wide", be introduced. The declaration of restrictions shall pro- vide that the homeowners association shall be responsible for maintenance of the 20 6. 3/8/83