11 ATTACHMENT 1 - Laserfiche WebLink

CC&R's. By so doing, however, the parking of these vehicles cannot interfere with the public safety easement that has been granted to the City. If, in the future, the Fire Department determines that the parking of vehicles on the private streets unreasonably interferes with its ability to respond to emergencies, the City could take steps (such as posting no parking signs) to ensure the safe passage of emergency vehicles. This scenario, however, could occur with or without development of the Oak Grove project. In the discussions that staff has had with the Grey Eagle Estates representatives, staff has indicated it would be willing to recommend to the City Council that the City provide indemnification to the Grey Eagle Estates property owners in the remote possibility that someone actually was injured on their property during an emergency. If someone were injured during such an emergency and filed aclaim/brought a lawsuit against the property owner, the owner would tender defense/indemnification to the City. The City, in turn, would tender defense/indemnification of this matter to the Oak Grove Homeowners Association. Under the Development Agreement (and later in the CC&R's), the Oak Grove HOA would be contractually obligated to provide this defense/indemnification, and the City would require that the HOA provide a certificate of insurance to the City showing this coverage. It is not without precedent that that the City provides such indemnification. For example, when the linear park was put through that portion of Hacienda that was going to be residential, the developer was concerned that persons using the park would stray from the park, use the playground equipment that was on private property, get injured, and then sue the HOA. To alleviate that concern, the City agreed to indemnify the HOA in that (again remote) event. In the ensuing 15 years that linear park has been used, the City has never received a claim for indemnification. Summary The result of the above-discussed measures, taken individually and in the aggregate, is that the best engineering and fire prevention practices have been employed for the proposed development to ensure an appropriate level of safety and fire protection to the community. This involves prevention -prevent wildfand fire from threatening the new and existing homes -and strategy - if a wildland fire does occur, provide strategic access points for LPFD personnel and equipment to effectively deal with it. For these reasons, staff continues to believe that the possibility of persons needing to use Grey Eagle Court to flee an emergency within the Oak Grove site is remote; even more remote would be the likelihood of someone being injured while leaving. Nevertheless, the project applicant and the City, if the Council concurs, will agree to provide indemnification to the Grey Eagle Estates property owners. Floor Area Ratio and One-Story Homes During the Planning Commission's public hearing, members of the public stated that the proposed floor areas for these lots was too large compared to the surrounding developments. Page 20 of 27