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Ms. Bengtson noted that this PUD had been reviewed and shaped by considerable public and neighborhood input. She noted that this allowed the City to own 500 acres of open space to serve as the anchor of a continuous open space park. She described the diverse public needs served by this open space and believed the solution to public access was the result of cooperation between the City, the developer, a coalition of open space users, and the neighboring homeowners. She believed that good open space access was an important part of this project and added that protection of the open space was essential. She urged the Commission to support staff’s recommendation. Mike Regan, 1363 Hearst Drive, noted that he wished to comment on the Oak Grove project and that although no one wanted to see development of the hills, he believed this development was the best way to preserve the open space. He noted that the City, developer, land trust conservancies, and other entities had worked on this for three years and wanted to ensure that the project fulfilled its vision. He complimented the developer on listening to each group. He supported the reduced development of 51 homes with the proviso that the following restrictions be put in place to secure against future development and be memorialized in the development agreement: 1. The open space areas of the development would be subject to a conservation easement to be held by an appropriate non-profit group or land trust conservancy. The easement would prohibit the construction of roads or tie-ins except those detailed in the 51-home Oak Grove project agreement. 2. The project would establish an assessment district responsible for funding the maintenance. 3. The project sponsor would fund a traffic mitigation fund to install a traffic signal at Kottinger Drive and Bernal Avenue and to mitigate measures within the Kottinger Ranch neighborhood. 4.The City would agree not to enforce eminent domain in the future to extend the road any further. 5.There would be restrictions on hours and use of the open space area. 6.Hours of construction would be enforced, and fines levied for violations. Mr. Regan supported the open space and believed it would be positive for the residents. Russell Schmidt, 18 Grey Eagle Court, noted that he wished to comment on the Oak Grove project and that he represented the majority of the homeowners on the street regarding the connection between his street and Oak Grove. He was adamantly opposed to this connection for three reasons: 1. Unsuitability of the street as an evacuation route for Oak Grove. The street is very narrow and would not enable rapid evacuation during a wildfire. The road was designed to evacuate only the homes on the street, and he believed it would be irresponsible and reckless to increase that number. 2. Grey Eagle Court has no sidewalks, and all non-vehicular traffic is being directed onto the street. He noted that would create an unsafe and congested condition on their street. He noted that Grey Eagle Court is a private street and public access would create a major liability exposure for the property owners. PLANNING COMMISSION MINUTES March 28, 2007 Page 8 of 16